Terms of service
TERMS AND CONDITIONS OF SALE AND USE
This website is operated by Roxy Nails Paris. On this site, the terms "we," "our," and "us" refer to Roxy Nails Paris. Roxy Nails Paris offers this website, including all information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you are engaging in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale," "Terms and Conditions of Sale and Use," "Terms"), including any additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools added to this store will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to it after any changes are posted constitutes acceptance of those changes.
GENERAL TERMS AND CONDITIONS OF SALE - CONSUMER CLIENT
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“GTC”) outline the rights and obligations of the parties in the context of the online sale of Products offered by the company operating this website (“the Company”).
1.2 Any order placed on the website roxynailsparis.com implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. Thus, these GTC are an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client, who acknowledges having read and accepted them without restriction or reservation before placing the Order.
1.3 These GTC apply to any order placed by an adult individual acting as a consumer. The Client affirms that they are an individual over 18 years old, acting for purposes not related to their commercial, industrial, artisanal, liberal, or agricultural activities. The Client recognizes their full capacity to commit when placing the Order and agrees to provide truthful information regarding their identity.
1.4 EXCLUSION: Individuals acting in a professional capacity, that is to say, physical or legal persons, public or private, who act for purposes related to their commercial, industrial, artisanal, liberal, or agricultural activities, are expressly excluded from the scope of these GTC, even if they act on behalf of or for the account of another professional.
Professionals wishing to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in effect on the date of payment or the first payment (in the case of multiple payments) for the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC are accessible on the Company's website: https://roxynailsparis.com/
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company’s websites, as well as, where applicable, information on the use of the product.
While the Company takes reasonable care to ensure that the specifications are accurate, these specifications, with certain exceptions such as pricing information, are provided by the Company’s suppliers. Consequently, the Company disclaims any liability for potential errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of the products offered for sale have no contractual value. The duration of validity of the product offers and their prices is specified on the Company’s websites.
3.2 Availability of Products
Product offers are valid within the limits of available stock from our suppliers. This availability of products is typically indicated on the specific Product page.
However, since the Company does not reserve stock (except in special cases for products marked as pre-order on the Product sheet), adding a Product to the cart does not guarantee the absolute availability of the Product or its price.
If a product becomes unavailable after the Client’s Order has been validated, the Company will immediately inform the Client by email. The Order will be automatically canceled, and the Company will refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains other Products aside from the one that has become unavailable, those Products will be delivered to the Client, and the shipping costs will not be refunded.
Article 4 – PRODUCT PRICES
4.1 Reference Prices Indicated on the Sites
The reference price of the products offered on the site is the price recommended by the brand, manufacturer, or its official representative. If not available, it is a price determined based on the prices at which the product is commonly sold in a panel of stores distributing it. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the product or when the price practiced within the panel of stores is modified.
4.2 Modification of Prices Indicated on the Sites
The prices of the products are indicated on the product description pages. For orders to a country that is a member of the European Union, they are indicated including VAT at the applicable rate in the customer's final delivery country. For orders to non-EU countries (including DOM-TOM), they are indicated excluding tax, customs duties, and potential shipping costs. The Company reserves the right to modify the prices of the products at any time, in compliance with applicable legislation.
The products ordered will be invoiced based on the price in effect on the site at the time of Order validation.
4.3 Prices of Products
The prices of Products sold through the website are indicated in EURO, including all taxes (TTC). The taxes included correspond to the standard VAT in effect in the customer's shipping country.
Except for customers whose delivery address is in a European Union state, the prices of the Products do not include import taxes or customs duties, which must be paid additionally and will be the sole responsibility of the Client, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include packaging, shipping, transportation, insurance, and delivery fees to the delivery address.
4.4 Payment of taxes
For deliveries within the European Union, the prices are clearly stated as including VAT at the applicable rate in the country of delivery specified by the customer during the checkout process (delivery address), so no tax is required at the time of delivery for customers whose delivery address is within the European Union.
For customers whose delivery address is outside the European Union, the customer is solely responsible for the declaration and payment of import taxes during the possible customs clearance of the Product. They may be required to pay import taxes depending on the country to which they are delivered. Since this tax is not the responsibility of the Company, it cannot be held liable for the reimbursement of this tax.
For all products shipped outside the European Union and/or overseas departments and territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or state import duties may be due in certain cases. The Company has no control over these duties and amounts.
These will be the responsibility of the customer and fall under their responsibility (declarations, payments to the relevant authorities, etc.). The Company encourages the customer to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF PRODUCT PRICES
5.1 Timing of payment
The full price of the Order must be paid immediately after the Order is confirmed.
The Company may, in exceptional cases, grant payment in installments, especially considering the amount due and the knowledge it has of the concerned customer. However, the Company is under no obligation to grant such payment options. In case of special circumstances, the customer may request this by contacting the Company's Customer Service at the following address: contact@roxynailsparis.com.
5.2 Payment methods
To pay for their Order, the customer can choose from various payment methods:
Payment by credit card:
Only credit cards linked to a banking institution located in France or international credit cards (Visa, MasterCard, American Express, and Maestro) are accepted. The customer guarantees the Company that they have the necessary authorizations to pay with the credit card used. They expressly acknowledge that the commitment to pay given by credit card is irrevocable and that providing their credit card number constitutes authorization to debit their account for the total amount corresponding to the ordered Products. The amount will be debited at the time of Order confirmation.
The payments by credit card are processed via a secure payment platform, and the information provided regarding credit cards benefits from SSL encryption.
Payment via PayPal
Payment by PayPal is currently not accepted.
It is emphasized that in case of using this payment method, PayPal's Terms of Use, available on their site, are added to these Terms and Conditions.
Payment by gift vouchers and/or promo codes
The gift vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These gift vouchers and/or promotional codes are only valid once. In case of fraudulent use of gift vouchers and/or promotional codes, the Company may proceed to the outright cancellation of the Order.
Generally, in case of refusal of payment authorization by officially accredited organizations or in case of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend at any time any of the payment methods, particularly if a payment service provider no longer offers the service used or in the case of a dispute with a customer regarding a previous Order.
The Company reserves the possibility to implement an Order verification procedure to ensure that no one is using another person's banking information without their knowledge. In this verification process, the customer may be asked to send a copy of their ID, proof of address, and a copy of the credit card used for payment by email or mail to the Company. Detailed indications regarding the exact content of the requested information (to preserve the confidentiality of their data) will be communicated to the customer in case of verification. The Order will only be validated after the receipt and verification of the submitted documents.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before confirming the Order, the Company provides the customer with information regarding the different delivery methods and their respective prices. Following the customer’s choice of delivery method, the Company provides an estimate of the delivery time.
The Company will do everything possible to ensure that the Product(s) are delivered no later than the scheduled delivery date. In case of difficulty, the Company commits to communicate quickly with the customer to inform them and seek an appropriate solution.
Air transport, shipping, and/or delivery of the Product(s) will be fully borne by the customer ("Delivery Fees"). These delivery fees are included in the final price charged to the customer at the time of the Order. However, any customs fees are not included in the price charged to the customer by the Company.
Depending on the options chosen by the customer, delivery will be made either to the address specified by the customer or, if applicable, to a pickup point chosen by the customer from the list of available points. Therefore, it is the customer’s responsibility to carefully check the information provided for delivery as they remain solely responsible in case of delivery failure due to incomplete or erroneous information.
6.2 Customs clearance (for deliveries outside the EU)
When making their purchase, the customer becomes the importer of the product purchased as the recipient of the Product.
They are therefore particularly responsible for the import and possible customs clearance processes of the product with the local customs offices. Depending on the price of their order, they may be required to pay customs duties.
The customer is solely responsible for the declaration of customs duties during the customs clearance of the Product. These customs duties, which are not charged to the customer by the Company, do not fall under the Company's responsibility. Therefore, the Company cannot be held liable for the reimbursement of these duties.
6.3 Receipt
Upon receipt of the Product, the customer agrees to check that the Product is complete and undamaged.
In case of an anomaly, the customer must contact the Company's Customer Service within seven days following the receipt date of the Product. Any claims submitted after the deadline may not be processed.
Article 7 – WITHDRAWAL
7.1 Principle and timeframe
The customer has the right to withdraw, without providing a reason, within fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for multiple Products, the timeframe begins from the receipt of the last Product.
In case of exercising the right of withdrawal within the aforementioned timeframe, the price of the purchased Product(s) and the shipping costs will be refunded, with return costs remaining the sole responsibility of the customer.
7.2 Exclusions
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
For the supply of goods or services whose price depends on fluctuations in the financial market outside the control of the professional and which may occur during the withdrawal period;
For the supply of goods made according to the consumer's specifications or clearly personalized;
For the supply of goods likely to deteriorate or expire rapidly;
For the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;
For the supply of goods that, after being delivered and by their nature, are indissociably mixed with other items;
For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market outside the control of the professional;
For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the necessary spare parts and strictly necessary work to respond to the emergency;
For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
Concluded during a public auction;
7.3 Methods for exercising the right of withdrawal
To exercise their right of withdrawal, the customer must inform the Company of their intention to withdraw either by sending an unambiguous statement expressing their intention to withdraw within the 14 days mentioned above, to the address: contact@roxynailsparis.com.
The customer has a period of 14 days from the sending of the withdrawal notification to return the Product to the Company in its original packaging, with return costs being solely the customer's responsibility.
The Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to ensure they can be resold. If the Products are returned incomplete, the Company may refuse the refund of the Order or reduce the amount of the refund.
7.4 Reimbursement
The refund of the Product(s) will be made within fourteen (14) days from the receipt of the Product by the Company, provided that the right of withdrawal is exercised in accordance with the terms set out in this article.
The Company reserves the right to defer the refund until it has received the returned Product(s) or until the consumer has provided proof of shipment of the Product(s), whichever occurs first.
Article 8 - WARRANTIES
8.1 Legal warranty
The Company guarantees that the Products are compliant with the order and free from defects at the time of delivery, in accordance with the applicable legal provisions.
8.2 Warranty for hidden defects
The customer may benefit from the warranty for hidden defects (articles 1641 to 1649 of the Civil Code), which allows them to return a product that has hidden defects that render it unfit for the use for which it was intended.
8.3 Warranty exclusion
The warranty does not cover: normal wear and tear, improper use or handling of the Product, neglect, damage due to improper use or accidents caused by the customer.
Article 9 - LIMITATION OF LIABILITY
9.1 Product quality
While the Company guarantees the quality of the Products sold, it cannot be held liable for any misuse or damage caused by third parties to the Product(s) sold. Therefore, the Company’s liability is limited to the replacement of defective or non-compliant Product(s). The Company shall not be liable for any consequential damages, including, but not limited to, loss of profits, loss of income, or damage to property.
9.2 External links
The Company provides links to external websites. The Company cannot be held liable for the content of these sites, as it has no control over their publication and updates.
Article 10 - FORCE MAJEURE
The Company shall not be held liable for any delay or failure in performance resulting from events of force majeure, as defined by law. Events of force majeure include, but are not limited to, natural disasters, pandemics, wars, riots, strikes, and supply disruptions. In such cases, the Company's obligations shall be suspended until the event of force majeure has ceased.
Article 11 – DISPUTES
These General Conditions of Sale are governed by French law. In case of dispute, the customer is invited to contact the Company's Customer Service first to seek an amicable solution. Failing that, any dispute concerning the validity, interpretation, or performance of these General Conditions of Sale shall be subject to the jurisdiction of the competent courts.
Article 12 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The Company reserves the right to modify these General Conditions of Sale at any time. The applicable conditions are those in force on the date of the Order.
- Has a period of 2 years from delivery to take action.
- May choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code.
- Is exempt from proving the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal warranty against hidden defects as defined in Article 1641 of the Civil Code. The Customer may choose between the cancellation of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.
These legal warranties apply regardless of any contractual warranty.
Reproduction of applicable texts:
L.217-4 Consumer Code
“The seller delivers a good that conforms to the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter has been assigned to them by the contract or carried out under their responsibility.”
L.217-5 Consumer Code
“The good is compliant with the contract if:
1° It is fit for the expected use of a similar good and, if applicable:
- if it matches the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect considering the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any specific use sought by the buyer, brought to the seller's attention and accepted by them.”
L.217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the good or the importance of the defect. They are then required to proceed, unless impossible, according to the option not chosen by the buyer.”
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code
“The seller is liable for the warranty regarding hidden defects of the sold item that render it unfit for the intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lesser price if they had known of these defects.”
Article 1648 of the Civil Code
“The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. [...]”
8.2 Manufacturer's Warranty
Some Products for sale on the Site come with a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of such warranties is mentioned, if applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, they should inform the Company by contacting Customer Service and consult the warranty application terms, which are generally included in the box containing the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty against hidden defects.
Article 9 - PERSONAL DATA PROTECTION
As part of the commercial relationship, the Company, as data controller, collects a certain number of mandatory personal data (including, but not limited to, name, first name, delivery address, etc., marked with an asterisk) that are absolutely necessary for processing the Order, managing the commercial relationship, conducting statistics, and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
The Customer's failure to provide this information would result in the impossibility of processing their Order.
This data is intended for internal use by the Company but may be shared with companies that contribute to the execution of the service, including those responsible for delivering the Products or processing payments.
Regarding this personal data, the Customer has several rights:
- Right to access personal data concerning them;
- Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and retention of certain data is prohibited;
- Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from fulfilling its regulatory and legal obligations;
- Right to object to the processing of data (notably in case of processing for commercial prospecting);
- Right to issue post-mortem directives concerning the retention, deletion, and communication of their personal data;
- Right to withdraw consent for certain processing (processing carried out before the withdrawal of consent remains lawful).
To exercise their rights, the Client can send a request to the Company via email at
contact@roxynailsparis.com
The request must include the Client's email address, first and last names, postal address, and be accompanied by a copy of their identification (front and back).
A response will be sent within one month from the receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated specifically on the product page, the sale of products on the site does not entail any transfer of intellectual property rights over the sold products.
Trademarks, domain names, products, software, images, videos, texts, or any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these terms and conditions.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for non-performance of its obligations under these terms in the event of a fortuitous event or force majeure that prevents execution. The Company will notify the Client of the occurrence of such an event as soon as possible.
Article 12 - LIMITATION OF LIABILITY
Notwithstanding any contrary provisions herein, the Company shall not be liable for any losses or damages resulting from the improper use of the product(s) by the Client, including unauthorized modification or alteration of the product(s).
Article 13 - ACCOUNT SUSPENSION – TERMINATION
The Company reserves the right to suspend or terminate the account of any Client who violates these terms and conditions or any applicable legal provisions, without prejudice to any damages that may be claimed by the Company.
Anyone whose account has been suspended or terminated will not be able to place future orders or create a new account on the Site without the prior authorization of the Company.
Article 14 - ARCHIVING – EVIDENCE
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Upon each order, a summary of the order is sent via email to the Client and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized records that are kept for 5 years under reasonable security conditions. These records, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments, and transactions between the Client and the Company. They may be produced as evidence of the contract.
The archiving of communications, orders, order details, and invoices is done on a reliable and durable medium to constitute a true and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
The Client will have access to archived elements upon simple request at
contact@roxynailsparis.com
.
Article 15 - NULLITY AND MODIFICATION OF TERMS
If any provision of these terms is found to be invalid, it will be deemed not written, but it will not affect the validity of the remaining contractual provisions.
Any tolerance on the part of the Company in the application of all or part of the commitments made in these terms, regardless of its frequency and duration, shall not constitute a modification of the terms, nor shall it create any right for the Client.
Article 16 - APPLICABLE LAW AND DISPUTE RESOLUTION
These terms are governed by European law.
In case of any difficulty, the Customer Service is available to find an amicable solution.
If a solution cannot be found directly with Customer Service, the European Commission has set up an online dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link:
http://ec.europa.eu/consumers/odr/.