General conditions of sale
1 – Definitions
Gift: refers to all elements given free of charge to the Customer as part of an Order,
such as, and not limited to, samples, tote bags and kits.
Customer: refers to any User who has validated an Order on the Site. The rights and obligations of the User necessarily apply to the Client.
Order: designates the process consisting of the Customer selecting the Products, purchasing them and having them delivered.
Contract: refers to these General Conditions of Sale (or “CGV”). From then on, the Customer waives the right to rely on any contradictory document which would oppose the General Terms and Conditions, and which would therefore be unenforceable against PAÑPURI.
Commercial Documentation: refers to all information relating to the Products appearing on the Site, in particular their descriptive sheet.
Personal data: refers to any information relating to a Customer and/or a User, an identified or identifiable natural or legal person.
Parties: jointly refers to PAÑPURI and the Users of the Site.
Treatment Service(s): refers to any treatment service provided by PAÑPURI in one of its institutes and booked by the Customer via his/her personal account, accessible via a dedicated interface.
Products: refers to the cosmetics, accessories and related products as well as the Treatment Services available for sale on the Site.
User: refers to any individual or legal entity accessing the Site, whether a Customer or not.
2 – Site
The www.panpuri.fr site (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet at www.panpuri.fr. It is open to all Users of this network.
It is published by :
PAÑPURI EUROPE (hereinafter referred to as “PAÑPURI”)
sarl with share capital: €50,000 | RCS Paris B 483 967 337
Head office: 198 rue de Vaugirard – 75015 Paris , France
Email : panpuri.europe@panpuri.com
VAT N° : FR09483967337
Publishing Director: PAÑPURI, in its capacity as President represented by Mr. Coelio JAMET.
It is hosted by :
OVH
3- Purpose of the GCS – Acceptance of the GCS – Modifications to the GCS – Version in Force – Prevalence
Purpose: Governed by article L. 441-6 of the French Commercial Code and L. 111-1 of the French Consumer Code, the purpose of the present General Terms and Conditions of Sale is (i) to define the conditions under which Users may access the Site and place Product Orders as well as (ii) to manage the relationship between PAÑPURI and Users and (iii) to determine the rights and obligations of the Parties.
Acceptance: Any Product Order placed on the Site implies consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional upon a handwritten signature by the User.
The User may save or print out these General Terms and Conditions of Sale, provided they are not modified.
Modification: PAÑPURI reserves the right to modify the present General Terms and Conditions of Sale at any time, without prior notice, in particular in order to take into account any legal, jurisprudential and/or technical evolution, and it being understood that such modifications will be inapplicable to reservations and Orders previously accepted and confirmed by the Customer. Thus, the version applicable to an Order is that in force on the date the Order is placed.
In any case, the fact that the User continues to use the Site after being informed of the modification of the GCS implies acceptance of the modifications of the latter by the User.
Update: The prevailing version of the GCS is the latest version available on the Site.
Prevalence: The GTC apply to the exclusion of any other document.
4 – Geographic scope – Description of Products marketed on the Site – Availability
Geographic scope :All Products offered on the Site are limited to member countries of the European Union.
Description of Products: Prior to placing an Order, the Customer undertakes to familiarize himself/herself with the essential characteristics of the Product(s) he/she wishes to Order on the Site PAÑPURI.
The Commercial Documentation reproduces, for each Product, the technical data determined by PAÑPURI in its capacity as manufacturer. PAÑPURI makes its best efforts to ensure that the photographic representation of the Products on the Site is faithful to the Products.
For any question relating to the Products and their use, any additional question or request for advice, the Customer may contact customer service: panpuri.europe@panpuri.com
Stock availability:
Information on the availability of Products is provided to the Customer at the time the Order is placed. Nevertheless, errors or modifications may exceptionally occur.
In the event of total or partial unavailability of Products after the Order has been placed, the Customer will be informed by e-mail, as soon as possible, of the unavailability of the Product and of the modification (partial unavailability) or cancellation (total unavailability) of his/her Order.
In the event of cancellation of the Order due to total unavailability of the Products, the Customer’s bank account will be credited again.
5 – Product prices – Delivery charges – Taxes – Promotional offers
The prices shown on the Site are in Euros, inclusive of all taxes, and are subject to change during the year, it being understood that the Products ordered are invoiced at the prices in force when the Order is registered. Prices include any discounts and promotional offers.
PAÑPURI will pay the shipping costs for any order equal to or greater than forty (€40) euros for shipment within metropolitan France and sixty (€60) euros for shipment within Europe.
For any Order of a lesser amount, shipping costs will be invoiced to the Customer in accordance with the delivery FAQ. In such cases, shipping costs will be indicated before the Customer registers the Order.
Prices include value added tax (VAT) applicable on the date of the Order and any change in the applicable rate will be automatically reflected in the price of Products sold by PAÑPURI on its Site.
Purchase offers, including promotional offers, are valid, within the limits of available stocks, for the duration indicated in the promotional offer and otherwise for as long as they are announced on the Site.
6 – Legal capacity – Purchase conditions
The User must be a duly represented legal entity or a natural person of legal age to place an Order with PAÑPURI. Otherwise, he must have the authorization of his legal representative, which he expressly acknowledges and accepts. PAÑPURI cannot be held responsible for verifying the legal capacity of its customers.
By placing an Order, the User represents and warrants that he/she is a bona fide Customer and End-User making a purchase for his/her own use or the personal use of a third party, and that he/she is not trading, selling or otherwise distributing the Products, nor purchasing the Products or services for commercial purposes.
7 – Order process
Navigation within the Site
The User may view the various Products offered for sale by PAÑPURI on its Site.
The User may browse freely through the various pages of the Site without being bound by any Order.
Placing an order
If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express his/her interest by clicking on “Add to basket”.
At any time, the User may :
obtain a summary of the Products they have selected, by clicking on the basket ;
continue or modify their selection of Products;
complete their selection of Products and order them by clicking on “Continue”.
To place an Order, the User may :
Create a personal account;
Proceed to the payment of the selected Products without creating a personal account, as the latter is not compulsory.
Conditions for placing an Order
The Customer accepts that PAÑPURI’s Order registration systems are proof of the nature of the agreement and its date.
Consequences of placing an order
The Contract is concluded when the Customer confirms his/her Order by clicking on the “Confirm Order” icon.
Any Order implies full and unreserved acceptance of these GTS and GCU. These two documents are brought to the Customer’s attention prior to any Order.
The Customer acknowledges that placing an order implies an obligation to pay. The Customer agrees to the prices, volumes, characteristics, quantities and delivery times of the Products ordered.
As soon as the Order has been registered, a detailed acknowledgement of receipt will be sent to the Customer’s e-mail address. This acknowledgement will specify the exact amount invoiced and the terms of delivery of the Order. This acknowledgement of receipt constitutes acceptance of the Order and will validate the transaction subject to payment of the Order.
The sale will be final subject to the Customer exercising his/her right of withdrawal under the conditions set out in article 6 of these General Terms and Conditions of Sale.
However, PAÑPURI reserves the right to suspend or cancel any Order from a Customer with whom there is a dispute relating to the payment of a previous Order, or for any other legitimate reason relating in particular to the abnormal nature of the Order.
8 – Payment
Terms of payment :
All Orders are payable in Euros.
The Customer guarantees PAÑPURI that he/she has the necessary authorisation to use the method of payment chosen at the time the Order is registered.
PAÑPURI is entitled to collect the full price corresponding to the Order as soon as the Order is confirmed.
PAÑPURI reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer, in the event of a payment incident.
Accepted means of payment :
Credit cards: The following credit cards are accepted on the Site: Carte Bleue, Visa and Master Card, American Express. These cards must be issued by a banking or financial institution located in the European Union or Monaco. The same bank card may be used a maximum of two (2) times to place an order over a period of thirty (30) sliding days.
9 – Delivery – Shipping – Receipt of Orders
Delivery address and methods: Products will be delivered to the address indicated by the Customer on the Order.
Products on the Site are delivered exclusively to member countries of the European Union.
Delivery times
Delivery will be made within an average of 2 to 7 days from receipt of the Order form and within a maximum of 30 days from receipt of the Order form.
Delivery times exclude Sundays and public holidays.
As PAÑPURI uses external service providers to deliver Orders, delivery times may be affected by the service providers, without PAÑPURI being responsible for such delays in delivery and the consequences thereof.
It is expressly agreed that in the event that PAÑPURI is unable to deliver a Product under the conditions provided for herein due to a failure on the part of one of its Suppliers (late delivery, non-conformity of the Order in particular), the Customer will be informed by PAÑPURI as soon as possible and by any means. In this case, the Customer will be reimbursed within 14 (fourteen) days of notification to PAÑPURI by the latter. PAÑPURI’s liability is therefore limited to the amount of the Product ordered by the Customer.
Delay / non-delivery
Loss of parcel in transit
Colissimo, DPD and GLS are very reliable services. However, as with any shipment, there may be a delay in delivery or the parcel may go astray. In the event of a delay in delivery of more than 7 days, the customer must inform PAÑPURI’s customer service department, which will pass on the information to the service provider to initiate an investigation. This investigation may last up to 21 days from the date it is opened. If the parcel is found during this period, it will be returned immediately to the customer’s home address (in most cases). If, on the other hand, the parcel is not found at the end of the 21-day investigation period, the service provider considers the parcel to be lost. In this case, PAÑPURI will send the Customer a replacement parcel, at the Customer’s expense. If the lost product(s) are no longer available at that time, PAÑPURI will reimburse the Customer for the cost of these products.
Anomalies
Any anomaly concerning delivery (damage, open parcel, damaged parcel, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the Customer’s signature. The Customer must immediately report the anomaly to PAÑPURI Customer Service so that a claim can be made to La Poste or GLS.
The Customer must return the Products to PAÑPURI who will send back the replacement product(s) at the Customer’s expense.
10 – Warranties
The customer benefits from the provisions of the legal guarantee of conformity in application of articles L. 211-4 et seq. of the French Consumer Code and the legal guarantee of hidden defects in application of articles 1641 et seq. of the French Consumer Code.
Legal warranty of conformity :
The French Consumer Code stipulates that:
Article L217-4: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L217-5:
The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the customer in the form of a sample or model;
– if it has the qualities that a Customer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Article L217-6
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7
Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L217-8
The customer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies when the defect is due to materials supplied by the customer.
Article L217-9
In the event of a lack of conformity, the customer may choose between repair and replacement.
However, the seller may not proceed according to the Customer’s choice if this choice would entail a cost that would be manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
Article L217-10
If repair and replacement of the goods are impossible, the Customer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the Customer’s complaint;
2° Or if this solution cannot be implemented without major inconvenience for the Customer, given the nature of the goods and the use they are intended to make of them.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L217-11
The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the Customer.
These same provisions do not prevent the award of damages.
Article L217-12
Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-13
The provisions of the present section do not deprive the Customer of the right to bring an action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.
Article L217-14
The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
In the event of non-conformity of the Product, notably due to an anomaly or an error in the references delivered, the Customer may choose to return the Product to PAÑPURI and obtain reimbursement.
The return costs will be reimbursed by PAÑPURI at the Customer’s request.
For any claim, the Customer may contact PAÑPURI at the following address: serviceclient-fr@online.PAÑPURI.com.
Warranty against hidden defects :
The Civil Code provides that:
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the customer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1644 Civil Code: In the case of articles 1641 and 1643, the customer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
Article 1645 of the French Civil Code: If the seller was aware of the defects, he is liable to the customer for all damages, in addition to restitution of the price received.
Article 1646 of the French Civil Code: If the seller was unaware of the defect, he will only be obliged to refund the purchase price, and reimburse the buyer for any costs incurred in the sale.
Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
Within the framework of the legal warranty for hidden defects, PAÑPURI, at the Customer’s discretion, undertakes, after assessment of the defect, to either :
refund the full price of the Product concerned ;
refund part of the price of the Product if the Customer decides to keep it.
12 – Right of withdrawal
In accordance with article L. 221-28 of the French Consumer Code, the Customer is hereby informed that the right of withdrawal may not be exercised for Orders concerning, in particular :
The supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods made to the consumer’s specifications or clearly personalized.
The customer therefore has no right of withdrawal for this type of product.
These provisions apply without prejudice to the warranties set out in article 10 of these GTS, which remain fully applicable.
Subject to the exceptions defined in article L.221-28 of the French Consumer Code, and in particular the exception mentioned in the previous paragraph, the Customer has a period of 14 (fourteen) clear days in which to retract his or her order, without having to justify his or her decision, from receipt of the Product ordered on the Site.
In the case of a gift card purchased on the Site, the Customer has a period of 14 (fourteen) days from confirmation of his Order to exercise his right of withdrawal, provided that the gift card has not been used in whole or in part before the expiry of this period. In this case, there is no right of retraction or reimbursement in any form whatsoever.
In accordance with article L.221-19 of the French Consumer Code :
the day of receipt of the Product is not included in the 14 (fourteen) day period;
the period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
if the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
After this deadline, PAÑPURI will not process any request for withdrawal.
If the Customer exercises his right of retraction under the conditions provided for in the present article in terms of time and methods of returning the Products, PAÑPURI will reimburse the Customer for all sums paid, including delivery costs where applicable, without unjustified delay and at the latest within 14 (fourteen) clear days from the date on which it is informed of the Customer’s decision to retract. Reimbursement will be made by any means of payment chosen by the Customer after exercising his/her right of withdrawal.
Refunds will be made for all sums paid at the time of purchase, including delivery costs. It should be noted that, in accordance with article L. 121-21-4 of the French Consumer Code, only standard delivery charges will be reimbursed (amounts corresponding to express or special deliveries will not be reimbursed).
Notwithstanding the foregoing, and in accordance with the provisions of article L.221-24 of the French Consumer Code, PAÑPURI may defer reimbursement until recovery of the Product/Box concerned or until the Customer sends PAÑPURI proof of shipment of the Product/Box concerned, whichever occurs first.
In the event of late reimbursement, the sums due will automatically be increased in accordance with the conditions set out in articles L.242-1 et seq. of the French Consumer Code.
13 – Conditions for returning Products
Customers exercising their right of withdrawal must inform PAÑPURI of their intention to withdraw by writing to customer service: panpuri.europe@panpuri.com
Products returned by the Customer must meet the following requirements:
The Product must be intact, in its original packaging, in its original condition, with its accessories and instructions. Any Product that is incomplete, damaged and/or whose packaging has been damaged will not be accepted for return, exchange or refund;
If a box or set is to be returned, it is imperative that the entire box or set be sent;
If the Customer has received, at the time of his/her order, Gifts to accompany the Products purchased, the Customer who exercises his/her right of retraction on the totality of the order must then send all the Product(s) of the Order accompanied by the Gift(s) so that PAÑPURI can take into account his/her request for retraction; Conversely, if the right of retraction is only exercised in a partial manner, the Customer will be able to keep the Gifts which have been enclosed with his/her initial order;
If the Customer has benefited from an offer against purchase on the Site, entitling him/her, subject to conditions, to one or more Products offered in return for his/her Order, and if, as a result of exercising his/her right of withdrawal, he/she is no longer eligible for the offer in question; the Customer must then send the Product(s) he/she wishes to return together with the Product(s) offered in exchange for the Order of the Product(s) returned, so that PAÑPURI can take his/her retraction request into account;
In the particular case of an alternate texture or fragrance, or an intolerance, we invite you to contact us beforehand by telephone on 01 71246216. A specific return procedure will then be communicated to you.
14 – Retention of title
PAÑPURI retains full and complete ownership of the Products sold until full payment has been received, in principal, costs and taxes included.
15 – Limitation of liability
PAÑPURI shall not be held liable for non-performance of the contract in the event of stock shortage, except in the case of price promotions not intended to clear stocks, or in the event of unavailability of the Product due to force majeure.
PAÑPURI cannot be held liable for the obligations of these GTC if the non-fulfilment of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts or to any other event which was not reasonably under the exclusive control of PAÑPURI.
PAÑPURI declines all responsibility :
for any interruption of the Site ;
for any occurrence of bugs;
for any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Site;
and more generally for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular loss of profits, customers, data or any other loss of intangible assets which may arise from access by any person to the Site or from the impossibility of accessing it, or from the credit given to any information coming directly or indirectly from the latter. Should PAÑPURI’s liability be established and retained for any loss suffered by the Customer and attributable exclusively to the placing of an Order, such liability is limited to the amount of the Order paid by the Customer to PAÑPURI.
16 – Intellectual property rights
The Site and all its component parts (including but not limited to: source code, graphics, products, trademarks, designs, models, photographs, videos, texts, names, illustrations, logos, animated or non-animated sequences, sound or other, graphics, etc.) and their compilation are the exclusive property of PAÑPURI. PAÑPURI does not grant any license or authorization or any right to the User other than that of consulting the Site. Neither the Site (in whole or in part) nor any of its component parts may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without the prior written consent of PAÑPURI.
17 – Personal data
The information collected is intended for PAÑPURI, the companies of the PAÑPURI group and its service providers in order to process the Customer’s Order and to send, unless the Customer and/or User objects, information on PAÑPURI’s Products and services, carry out customer relationship management (CRM) operations and/or manage the Customer’s membership of the loyalty programme. The Customer and/or User has the right to access, rectify, oppose and delete data concerning him/her by contacting PAÑPURI’s customer service department.
To find out more about PAÑPURI’s policy on the protection of personal data, the Customer and/or User is invited to consult the Privacy Policy.
18 – Applicable law and jurisdiction
These General Terms and Conditions and the sale of Products by PAÑPURI are governed by French law.
19 – Miscellaneous provisions
Partial invalidity If one or more stipulations of these GTS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. Non-waiver The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTS shall not be construed as a waiver of the obligation in question for the future.