These General Terms and Conditions of Sale apply to the Products (as defined below) marketed by DOLORES DOLL FRANCE, a limited liability company, registered with the PARIS Trade and Companies Register under number 901 803 536, having its registered office at 37, rue de Rivoli – 75004 PARIS, and acting under the trade name IVINE (hereinafter referred to as “IVINE”) on the www.ivineparis.com website (hereinafter referred to as the “Site”).
These Terms and Conditions of Sale define your rights and obligations (as defined below). They come into effect on January 17, 2022.
You declare that you have read them and accept the rights and obligations arising from them. By placing an order for one or more Products on the Site, you agree to these Terms and Conditions of Sale and therefore agree to be bound by them without reservation, to the exclusion of any other documents or conditions.
IVINE reserves the right to make changes to these Terms and Conditions of Sale at any time, but these changes will not affect orders in progress. The version of the Terms and Conditions applicable to you is the one you accepted at the time you placed your order.
“Customer” refers to the persons of legal age and capacity who have Internet access and who connect to the Site in order to discover the Products offered by IVINE and to benefit from them, if applicable.
“Products” means the unisex nail products available on the Site, as well as any other goods offered for sale on the Site.
“Territory” means the entire world.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, subject to availability.
The prices of the Products are displayed on the Site. They are in Euros and include the amount of VAT applicable in France, excluding delivery charges and customs duties, which remain the responsibility of the Customer, unless otherwise stated.
IVINE reserves the right to modify the prices of the Products at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time the Customer places the order.
Orders can be paid by credit card (Carte Bleue, Visa, Mastercard, American Express), PayPal or Apple Pay. Payment must be made in Euros.
All credit card numbers are encrypted when the order is placed. IVINE has no access to the Customer’s bank details.
IVINE reserves the right to cancel any order that presents a risk of fraudulent credit card use.
The orders placed on the Site are delivered in the Territory, and are routed according to the information provided by the Customer when placing the order.
Deliveries are made within the time and according to the delivery method indicated at the time of the order.
In the event of a delay in delivery by IVINE, IVINE will inform the Customer via the contact details previously provided by the Customer when placing the order. In the event that IVINE fails to deliver on the specified date or within the specified period, the Customer may cancel the order by registered letter with acknowledgement of receipt or by email if, after having enjoined IVINE by registered letter with acknowledgement of receipt or by any other written means to make the said delivery within a reasonable additional period, IVINE has failed to deliver to the Customer within the specified period. In the event that the Customer cancels the order, IVINE will refund the full amount of the purchase made, including delivery charges, using the same payment method that the Customer used when placing the order. The refund will be made within fourteen (14) days from the date of cancellation of the order.
IVINE retains full ownership of the Products sold until full payment has been received.
In accordance with article L.221-18 of the French Consumer Code, the Customer has the right to withdraw from his order without having to give any reason and without penalty, within fourteen (14) days from the receipt of the Product(s), by him or by a third party designated by him when placing the order.
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement:
By mail to the address: IVINE 37 rue de Rivoli – 75004 PARIS
By email to the address: email@example.com
By sending us the withdrawal form according to the model below.
Model letter for the Customer’s withdrawal
Letter to be sent by registered mail with acknowledgement of receipt to IVINE :
[Customer’s name and surname]
[Customer’s address – Postal code – City – Country]
37 rue de Rivoli – 75004 Paris – France
At …, on … (date of the letter)
On … (indicate the date on the order form), I ordered … (description of the item:…) which you delivered to me (or which I received) on … (date).
In accordance with the article L. 221-18 of the Code of consumption, I hereby exercise my right of withdrawal.
Consequently, I would like to ask you to return the sum of … euros that I paid to you at the time of my order, within 14 days of receiving this letter, in accordance with the provisions of article L. 221-24 of the Consumer Code.
Please find enclosed (indicate the returned object) that I return to you.
Please accept, Madam, the expression of my best wishes.
Once the Customer has informed IVINE of his/her decision to withdraw, the Customer must return the Product to IVINE at the following address IVINE 37 rue de Rivoli – 75004 PARIS, without undue delay and in any case within a maximum period of fourteen (14) days. The direct costs of returning the Product shall be borne by the Customer.
In the event of withdrawal, IVINE will refund to the Customer all payments received without undue delay and in any event no later than fourteen (14) days from the day IVINE is informed of the decision to withdraw. IVINE will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless a different means of payment for the refund is expressly agreed with the Customer. IVINE may defer the refund until it has received the Product in question or until Customer has provided proof of shipment of the Product, whichever comes first.
Returns will only be accepted if the Product has never been opened and used, and is in perfect condition as received by the Customer. Products returned incomplete, damaged and/or soiled by the Customer will not be taken back and will be reshipped at the Customer’s expense. Moreover, varnishes that have been unsealed by the Customer after delivery cannot be returned for reasons of hygiene.
The Site is secured through the use of the SSL protocol, for which IVINE may substitute any other system of its choice, provided that it presents the same guarantees of reliability.
The Products benefit, in accordance with the legal provisions :
the legal guarantee of conformity in accordance with Articles L. 217-4 (and following) of the Consumer Code, and
the legal warranty against hidden defects under the conditions provided for in Articles 1641 (and following) of the Civil Code.
The Customer has a period of two (2) years from the delivery of the Product to act on the basis of the legal guarantee.
In case of lack of conformity, the Customer may choose between repair or replacement of the Product, in accordance with article L. 217-9 of the Consumer Code. IVINE may however choose not to proceed according to the Customer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the Product or the importance of the defect.
If repair or replacement of the Product is impossible, the Customer may choose between the refund of part of the price or the cancellation of the contract, in accordance with Article L. 217-10 of the French Consumer Code.
During the 24 months following the delivery of the Product subject of the order, the Customer is exempted from proving the existence of the defect of conformity.
The Customer may also exercise the warranty against hidden defects of the thing sold as provided by Article 1641 of the Civil Code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Any warranty is excluded in case of misuse, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product or force majeure.
The Customer is solely responsible for the choice of the Products, their conservation and their use.
The photographs and illustrations accompanying the Products on the Site may differ slightly from reality due to the display parameters of the Customer’s screen or the technical constraints of his computer equipment.
The content of the Site (including the IVINE brand) is the sole property of IVINE and is protected by intellectual property laws. Any reproduction of this content, in whole or in part, is strictly forbidden and may constitute an infringement of copyright.
It is reminded that the purchase of the Products does not give the Customer any intellectual property rights on the Products, and in general, on the creations of intellectual property.
The present General Conditions of Sale are governed by French law.
For any information or question, the Customer may contact IVINE using the contact form specially provided for this purpose on the Site.
In accordance with the current provisions of the French Consumer Code regarding the mediation of consumer disputes, IVINE offers an effective recourse to a consumer mediation system. The proposed mediator is CNPM MEDIATION.
In cases where the Customer and IVINE are unable to resolve a dispute using IVINE’s internal dispute resolution procedure (customer service) or if the Customer is not satisfied with the solution proposed by the customer service, and if the Customer’s complaint was made less than one (1) year ago, the Customer may address his complaint to CNPM MEDIATION by :
by mail to the address: CNPM MEDIATION 27 Avenue de la Libération – 42400 SAINT CHAMOND (FRANCE)
electronically by clicking on the following link: https://www.cnpm-mediation.org/contact.php
The Customer may also use the online dispute resolution platform to resolve the dispute with IVINE via: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.