General Conditions of Sale and Use

www.45rpm.fr

1. Preamble

a) Legal informations www.45r.fr (herafter « the website ») is published by the company 45RPM.R.FRANCE SARL (hereafter « the publisher »), Limited Liability company with a capital of 507.500 Euros registered with the Trade and Companies register of Paris under the number B 449 616 861, and whose head office is located sis 1 rue d'Alger, 75001 Paris. Intra-community VAT number: FR2344961686100026. The publisher can be reached by phone at 0147034545 or email at the following address: contact@45r.fr. This website is hosted by OVH whose head office is located 2 rue Kellermann - 59100 Roubaix - France and reachable by phone at: 0 899 498 765. The Publication manager of this website is Mister Hirano Tsutomu, the responsible of the website editorial content is Mister Poltoratzky Romain.
b) Website purpose This website is free of access to all Internet users. Its purpose is the online sale of ready-to-wear and accessories.
c) Terms of acceptance The purchasing of a product on this website implies the acceptance of the terms and conditions laid therein by the user. By the act of acceptance the user recognizes that he or she has read and understood the terms and waived his or her own terms. This acceptance will consist in the fact, for the Internet user, of validating the present general conditions of sale and of use. The validation of the general terms will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence of automatic recording systems of the publisher of this website, and except in case he provides evidence to the contrary, he or she gave up the right to contest in case of a dispute. The acceptance of these general terms of sale implies from the Internet users that they have the full legal capacity to do, or if not, that they have the authorization of someone responsible for them in case they are incapable or minors.

2. Orders and purchase process

Product availability is indicated on the website, in the description of each item. To place an order, internet users can select one or more items and add them to their cart. When their order is complete, they can access their cart by clicking the button provided to this purpose. By consulting their cart, internet users will have the opportunity to check the number and nature of the items they chose and verify the price for each item and the overall price of the order. They will be able to remove one or more items from their cart. On this summary will also be communicated to customers the ability they have or not to exercise their right of withdrawal and the time limits that apply. If their order satisfy them and that they want to validate it, the internet users will be able to click on the submit button, they will be then transferred to a form on which they can either enter their login if they already have one, or register on the website using the form presented to them, with their personal information. As soon as they are connected or after they have fully completed the form, customers will be asked to check or change their delivery address and billing information, to read and validate the general conditions and to process to the payment being redirected to this effect on the interface secure payment. Once payment is effectively received by the website’s publisher, he or she undertakes to acknowledge receipt to the customer electronically within a reasonable period of time. Within the same reasonable period of time, the publisher agrees to send the customer an e-mail summary of the order. This email will confirm that the order is being processed and will also confirm all the information about the order: products ordered, delivery details, customer’s right of withdrawal.

3. Prices

Prices on the website are shown in Euros, all taxes are included, excluding shipping charges. These prices can be modified at anytime by the publisher, the prices are only valid the date of the order and do not have effect for the future. The applicable price shall be the one effective during the order. In any case, the delivery expenses will be indicated to the client before payment. These delivery expenses concern only the European Union. The clients have to connect with the customer service if the place of delivery is not proposed during the order process. In case of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes will be possibly due. The necessary formalities and the payment of the said rights and taxes are not within the competence of the publisher and will be in any event chargeable to the customer. It therefore falls to the customer to verify all these data as well as the possibilities of import of the product with the competent authorities of the country of delivery, before any order.

4. Retention of title clause

Products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. The risks are however transferred to the customer after delivery.

5. Payment information

The Internet user can place order on the present site and make his payment by credit card. Credit card payments are made by means of secure transactions supplied by the service provider: Société Générale. Within the framework of credit card payments, the publisher of the present site has access to no datum relative to the means of payment of the user. The payment is directly made in the hands of the banking institution.

6. Delivery (European Union countries only)

Orders are delivered by Fedex within 30 working days after the full payment is received by the publisher. Certain products or order volumes may justify a higher delivery time, the fact shall be expressly stated to the consumer's attention during the order validation. If at delivery a package is clearly and visibly deteriorated, incomplete or includes damaged goods, it is the customer’s responsibility to refuse the package in order to benefit from the insurance offered by the carrier. The customer will inform the seller immediately so that a new package is prepared and shipped upon receipt of damaged package in return. In such cases, the delivery times indicated above no longer apply.

7. Provisions relating to consumer rights

a) Customer Service The website customer service is accessible from Monday to Saturday from 10am to 07pm at the following (non surcharged call) phone number: 0147034545, by email at the following email address: contact@45r.fr, or by mail to following address: 45RPM.R.FRANCE, 1 rue d'Alger, 75001 Paris. In these last two cases, the publisher will manage to answer within two working days.

b) Right of withdrawal Pursuant to the current legislation, consumers have a period of seven days from the date of receipt of the package to request a refund. To exercise this right, it is their responsibility to return (at their own expenses) the package to the address of company headquarters: 5RPM.R.FRANCE SARL, 1 rue d'alger 75001 Paris, accompanied by a letter requesting a refund. All returns must be made complete (packaging, manuals, accessories, copy of the invoice) and returned goods must be in perfect condition for resale, they shall be neither worn, soiled, nor damaged.

 

c) Delay Any delay in delivery of more than seven days may result in cancellation of the sale initiated by the consumer, upon written request from him or her, sent by registered mail with return receipt. Consumer will be reimbursed the amount committed by him or her when ordering. This clause is not intended to apply if the delay in delivery is attributable to the customer or to an event of force majeure beyond the control of the publisher. In such cases, the customer agrees not to exercise legal action against the website and its publisher and renounce to claim of the resolution of the sale planned in the present article.

8. Warranty of products purchased on this website

In case of a defective product purchased on this website, customers, pursuant to the provisions of the Civil Code concerning legal warranty against hidden defects, are entitled a period of two years from the date of discovery of the defect on the product to request repair or refund, and, pursuant to article L211-5 of the Consumer Code they have a period of two years from receipt of the product to request an exchange or repair, in the event that the delivered good do not comply within the meaning given to that word by Article. To exercise any of these rights, it is their responsibility to contact the customer service of this website. The hidden defect is a defect which, under normal conditions of use, makes the good unsuitable for the use for which it was intended, and the obligation of conformity has to be interpreted as the delivery of the agreed product, the publisher is in particular not responsible of the normal wear and tear, the non-observation of the instructions for use or the care-label, the accidental damage or dame resulting from improper use of products.

9. Clause to comply with the Loi Informatique et Libertés (French Data Protection Act), 6 january 1978

a) Overviews – Purpose – Duration The Internet users have the possibility to give personal data concerning them. Giving personal data is not required to navigate on the website. However, the registration on the website and the placement of order require the collection, by the publisher, of personal data concerning the Internet users. The Internet users not wishing to supply the information necessary for the creation of a personal space cannot place order on the present site. Collected data is necessary to the proper administration of the services offered on this website as well as to the respect of his or her contractual obligations by the publisher. This data is kept by the publisher only as the publisher, and the publisher commits himself or herself not to use the data in another frame, not to give the data to third parties without the express consent of the users except when the law requires it. Contact details of all the users registered on this website will be saved for a maximum period of six months from the deletion of the personal space, reasonable time necessary to a proper administration of the website and to a normal use of the data. These details will be kept in secured conditions, according to the current means of the technology, in the respect of the Loi Informatique et Libertés (French Data Protection Act) of 6 January 1978.

 

b) Right to access, modify and oppose Accordingly to the Loi Informatique et Libertés (French Data Protection Act), Internet users have a right to oppose, question, access and modify the details they gave. To use that right, they just have to contact the publisher of this website, by sending an Email to: dash@45rpm.fr or by the post at the postal address of the publisher mentioned above in these general terms of sale. Collected personal data is computer processed only to the use of the publisher of this website. Collected personal data are not subject to any transfer abroad. The responsible of the process is Mister Hirano Tsutomu. Cnil Declaration number : 1680949

 

c) IP address In addition, the publisher keeps the right to collect the public IP address (Internet Protocol) of any Internet user. The collection of this IP address will be made in an anonymous way, it will be kept for the same duration as the personal information and will be only intended to allow a good administration of the services proposed on the present website. The IP address corresponds to a series of figures separated from points allowing the unique identification of a computer on the Internet network. The publisher will have to communicate all the personal data of an Internet user to the Police (on judicial requisition) or to every person (on prescription of the judge). The IP address of any computer can be compared with the effective identity of the subscriber detained by the IAP (internet access provider).

10. Exemption of liability of the publisher in the frame for the performance of this contract

In case of impossibility to access the website, due to technical issues or any other reason, the customer can never sue for damages and cannot pretend to any indemnity. The unavailability, even if prolonged and without any maximum duration, of one or several products, cannot constitute a damage for the Internet users and can never give rise to damages claim toward the website or its publisher. The publisher can in no way be responsible for the non-fulfillment or for the bad fulfillment of the contract directly or indirectly attributable to the customer or a case of force majeure as defined by French courts. The visual representations of the products, published on the present website, are guaranteed by the publisher as perfectly faithful to the reality, to satisfy its obligation of perfect information. However, in the present state of the technique, these representations in particular in terms of color or shape, can vary from one computer to another or differ from the reality according to the quality of the graphic accessories and from the screen or according to the resolution of the displaying. These variations and differences can in no way be attributed to the publisher whose liability can in no way be engaged on this fact. The hyperlinks that can be found on this website can refer to other websites. The liability of the publisher can never be engaged if the content of these websites contravene the law in force. As well as the liability of this website can never be engaged if the visit by an Internet user, of one of these websites, causes him or her a prejudice.

11. Intellectual property rights relating to the elements published on this website

All the elements of this website belong to the publisher and are protected by the Intellectual Property law. Thus, Internet users recognize that, without authorization, any total or partial copy and any broadcasting or exploitation of one or some of these elements, even modified, will may give rise to a legal proceedings led against them by the publisher or his or her legal successors. This protection will concern all the textual and graphic contents of the website, but also its structure, its name and its graphics standards.

12. Amendments

The general terms of sale can be modified at anytime by the publisher of this website or his or her agent. The general terms of sale that apply to the user are those in force at the time of his or her order. The publisher commits himself or herself to keep all the older general terms of sale to send them to any user who would ask for them.

13. Applicable law and jurisdiction

The general terms of sale are submitted to French law and subject to the exclusive jurisdiction of the France courts. The contract language is French. This English translation is only indicative.

14. Amicable Settlement

Except contrarily provided by public order, any litigation than can arise in the frame of the performance of these general terms of sale can, before any action justice, be submitted to the appreciation of the publisher of this website in order to find an amicable settlement. It is expressly reminded that demands for amicable settlement do not suspend the time limit to bring actions in justice.

15. Divisibility

If one of the clauses of these general terms of sales had to be declared void by a court, it would not render all the other clauses void, and they would remain valid.

16. Non renunciation

The fact, for the parties, not to use temporarily or permanently one or more clauses of these general terms of sale does never amount for a waiver to use all the other clauses of the general terms of sale.