Terms and Conditions of Use/Terms and Conditions of Sale

Welcome to the website www.cattier-paris.com!

Terms and Conditions of Use/Terms and Conditions of Sale

In accordance with the law, you must accept the general terms and conditions of sale of our website cattier-paris.com in order to purchase our products.

These general terms and conditions of sale for the website cattier-paris.com (hereinafter referred to as the "General Terms and Conditions of Sale") are entered into between, on the one hand, the company PIERRE CATTIER, a simplified joint-stock company with a capital of 1,005,000 euros, registered with the RCS of EVRY under number 408 583 698, whose registered office is located at ZAC DE LA MARINIERE 16 RUE GUTENBERG 91070 BONDOUFLE, VAT number: FR 33 408 583 698 (hereinafter referred to as "PIERRE CATTIER"), and on the other hand, individuals of legal age (hereinafter referred to as "Customer") for any use of the website cattier-paris.com (hereinafter referred to as the "Website").

Orders can only be placed by individuals over 18 years of age, excluding any sales to professionals or for resale to third parties. By placing an order, you certify that you are of legal age and have the legal capacity to purchase from our Site.

By ordering Products through our Site, regardless of your home address or location of connection, you are deemed to be purchasing in France and are therefore subject exclusively to French law.

We offer for sale hygiene products such as facial care, body hygiene products and hair care products, for use by women, men, children and babies (hereinafter the "Products"). None of these products are medical devices nor are they intended to be used as such.

Products can only be delivered in Metropolitan France and Corsica.

These General Terms and Conditions of Sale may be modified at any time, it being understood that each Order on the Site is governed by the General Terms and Conditions of Sale in force on the date the Order is placed.

The sale of Products on the Site is subject to these General Terms and Conditions of Sale, to the exclusion of any other document.

All orders constitute acceptance of these General Terms and Conditions of Sale, the price, and the description of the products included in the order. To this end, you are invited to check the box indicating your acceptance of these General Terms and Conditions of Sale to validate your order.

1. Acceptance of the General Terms and Conditions of Sale

The purpose of these General Terms and Conditions is to define the terms and conditions of sale of Products on the cattier-paris.com website.

You acknowledge having received, prior to ordering the Products, in a clear and understandable manner, these General Terms and Conditions and all the information and details referred to in Article L 111-1 of the Consumer Code and agree to be bound by these General Terms and Conditions of Sale (by ticking the box: " I accept the General Terms and Conditions of Sale and I acknowledge that the validation of this Order commits me to paying the price ") for the purchases of Products that you will make in this context by any means whatsoever.

The Products offered on the Site are described in Product sheets including a photo and indicating their name and characteristics. The prices of the products including VAT are also indicated on the Site.

The photographs and images illustrating our Site are for illustrative purposes only and are not contractual. You acknowledge and accept that the photographs may therefore show variations from the Product that will be delivered to you.

2. Access to our Site

We strive to provide continuous access to the Site, 24 hours a day, 7 days a week. However, access to our Site may be suspended at any time and without notice, particularly due to network, system and/or communication failures, malfunctions, or outages, as well as maintenance and corrections required for the Site to be updated and function properly.

We also reserve the right to make any changes, deletions and/or additions to the content of our Site at any time, without notice and at our sole discretion.

You agree not to impede access to and/or the proper functioning of our Site in any way that may damage, intercept, or interfere with all or part of the Site.

It is recalled that fraudulently accessing or remaining in a computer system, hindering or disrupting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitutes an offence punishable by criminal penalties.

We cannot be held liable for any direct or indirect damage due to an interruption, malfunction of any kind, suspension or shutdown of our Site, for any reason whatsoever, or for any direct or indirect damage that may result in any way from accessing our Site.

You acknowledge that you have the necessary skills and resources to access and use our Site.

We cannot be held responsible for elements beyond our control and for any damage that may be caused to your technical environment, including your computers, phones, smartphones, tablets, software, network equipment and any other hardware used to access or use our Site.

Furthermore, you acknowledge that you assume all risks associated with any content downloaded or otherwise obtained through the use of our Site. Likewise, you acknowledge that you are solely responsible for any damage to your computer system or any data loss resulting from downloading such content.

Access to our Site is free. Access and usage fees for the telecommunications network are your responsibility, according to the terms and conditions set by your internet service provider and telecommunications operator.

3. Order

3.1. Contract Formation

The Site contains our commercial offer for the sale of Products, which may be modified at any time at our discretion. The essential characteristics of the Products as well as their prices are indicated on our Site and you can consult them at any time before placing your Order for said Products.

Product offers and prices are valid, subject to stock and available supplies, as seen on the Site.

We will confirm acceptance of your order by email to the address you provided when placing your order. This confirmation will be sent no later than 24 business hours after we receive your order.

In the event that a Product becomes unavailable after the Order has been placed (stock error, etc.), we will inform you by email. We will then offer you the following options:

  • Reimbursement for the missing product(s) by bank card,
  • Replacing the missing product with a product of equivalent price,
  • Cancellation of your order.

In this case, the validation of your order will be suspended until we receive your response.

If we do not receive a response from you within 48 hours of our notification of unavailability of the Product(s), your Order will be validated for the other Products and we will proceed to refund the missing Product(s) using the same payment method you used when placing the Order.

3.2. Description of the Order Placement and Validation Process

Any order you place is strictly for your personal use, or the personal use of the person in whose name the delivery is to be made, unrelated to any professional use.

To place an order, click on the product of your choice and then click the " Add to cart " button. The product will then be added to your cart. You must repeat this process for each product you wish to order.

When you wish to finalize your order, you must select the shopping cart icon, then you will be taken to:

  • In the summary of the Products in your basket, you can still adjust the quantities by clicking on the "+" or "-" keys;
  • To the amount of the delivery charges;
  • To the total amount of your order.

You must then complete the following information:

  • Your identity: title, surname, first name
  • Your delivery address and your billing address,
  • Your email address,
  • Your phone number.

This information is mandatory for processing your order. Failure to provide this information will prevent us from completing your order. You expressly agree to provide accurate and complete information.

You are then asked to carefully review your form before validating your order.

You must then click on the "Validate" button. You will then be taken to the payment module.

This confirmation, together with all the data we have recorded on our Site, will constitute proof of the Transaction.

3.3. Suspension - Refus

We reserve the right to refuse any Order for any legitimate reason (including false or erroneous information, fraudulent order, payment incident, unauthorized use of a third party's means of payment, etc.).

We also reserve the right to suspend and/or refuse any Order from a Customer with whom there is a dispute relating to payment for a previous Order.

4. Specific Provisions for the Order

4.1 Price, Invoice

The total price shown in the Order Confirmation on the Website is the final price; it is expressed in euros and includes all taxes. The value-added tax is that in effect in France at the time of the Order.

Delivery charges are shown based on the products ordered and the delivery method chosen. The total amount is displayed at the end of the order process before your confirmation.

By confirming your order, you agree to pay for it.

Payment for Products can be made by credit card (Visa, Carte Bleue, Mastercard), or by Paypal.

Below you will find the PayPal Terms of Service, to which we refer you: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full

When paying by credit card, if you are asked to enter or provide your card number and expiry date, you will be redirected to the secure Shopify Payments network, a payment institution authorized by the ACPR (French Prudential Control and Resolution Authority). These numbers are never known or stored by us.

After verification and approval by the banking center, you will automatically return to our Site to continue your visit securely.

Your bank account will be debited within 48 hours of the date of your order, which will be considered effective after confirmation of authorization from the bank. The charge to your bank card will be made exclusively in euros.

4.2. Delivery

Products can only be delivered in Metropolitan France and Corsica, to the address you provided when placing your Order.

Product deliveries are made within an indicative period of three (3) calendar days from the date of the email confirming your Order.

The delivery time is given for information purposes only and is not guaranteed.

We will not be responsible for any delivery delays due to carrier failure, your absence at the time of delivery of your Order, or incorrect information provided by you.

Delivery will nevertheless be ensured within a maximum of thirty (30) business days from the date of the order confirmation email. If this deadline is not met, you may cancel the sale by sending a registered letter with acknowledgment of receipt, in accordance with the provisions of Article L 216-2 of the French Consumer Code, and obtain a refund in accordance with Article 216-3 of the same code (refund within a maximum of fourteen days from the date the letter was sent).

4.3. Reservations upon Receipt of Products

If you have any reservations, you must, if possible, make them in writing to the carrier upon delivery of the Products and send a copy of these reservations as soon as possible by completing the contact form available on the page: HERE . Once the form is completed, our team will get back to you promptly. You will then need to provide confirmation from the carrier that these reservations are valid.

4.4. Transfer of Ownership and Risks

The transfer of ownership and the transfer of risk take place from the moment you take possession of the Product(s).

5. Right of withdrawal and return

In accordance with the provisions of Article L221-18 of the Consumer Code, you have a withdrawal period of fourteen (14) clear days from the date of conclusion of the contract.

However, the right of withdrawal as mentioned in the preceding paragraph is, according to Article L221-28 of the same Code, not applicable to services whose performance has begun, with the consent of the consumer, before the end of the period of fourteen (14) clear days.

Furthermore, certain products mentioned in Article L221-28 of the Consumer Code are not eligible for a right of withdrawal, including:

  • Goods which have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;
  • Goods that are likely to deteriorate or expire rapidly.

If the Product is eligible for the right of withdrawal and you wish to exercise this right, you must clearly and precisely notify our Customer Service of your intention to withdraw by sending a declaration to the following address, specifying your contact details:

PIERRE CATTIER – Web Department
ZAC DE LA MARINIERE,
16 RUE GUTENBERG, 91070 BONDOUFLE

Or by filling out the contact form

You are then required to return the Product(s) subject to withdrawal to our Customer Service without undue delay, and at the latest within fourteen (14) days of communicating your decision to withdraw.

The return shipping costs for the product(s) being returned are entirely your responsibility.

We undertake to reimburse you for the full amount paid for the Product(s) subject to the withdrawal within fourteen (14) days from the date of receipt of your request, provided that the Products have been returned and that their undamaged condition has been verified.

6. Guarantees and Liability

6.1. Legal Guarantees

It is expressly stated that we make no warranties, express or implied, with respect to our Products, and we specifically exclude any warranty of satisfaction or fitness for a particular purpose.

We guarantee the conformity of the Products to the Order, and as such, in the event of defective or non-conforming Products you may make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

It is reminded that under the legal guarantee of conformity, the consumer:

  • benefits from a period of two years from the delivery of the goods to take action against its seller;
  • may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the non-conformity of the goods during the 24 months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee of satisfaction that may cover the Product.

It is also recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

We are therefore bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-14 of the Consumer Code, in particular:

Article L217-4 of the Consumer Code

"The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery." He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his supervision.

Article L217-5 of the Consumer Code

"The property conforms to the contract:"

  1. If it is fit for the purpose for which similar goods are normally used and, where applicable:
    • if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
    • if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
  2. Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the seller.
Article L217-12 of the Consumer Code

"The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods."

We are also bound by the legal guarantee relating to defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code, in particular:

Article 1641 of the Civil Code

"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

Article 1648, paragraph 1 of the Civil Code

"The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."

6.2. Responsibility for editorial content

The Site's publishing director is Mr. Clément HODEAU in his capacity as manager of the company Pierre Cattier.

Our Site includes a blog entitled " THE BLOG " whose editor, within the meaning of article 93-2 of law no. 82-652 of July 29, 1982, is Mrs. Hélène COIFFET, Marketing and Communication Director.

Furthermore, we cannot be held responsible, for any reason whatsoever, for the content, comments published on the Site or on the Blog, as well as for reviews published by our customers on our Site.

In any event, the Client remains solely responsible for the content of the review of which he is the author.

As a host of this third-party content, PIERRE CATTIER undertakes, as soon as it becomes aware of content that could be considered illegal, to act promptly to remove this data or make access to it impossible.

By posting a comment or review, the Customer grants PIERRE CATTIER permission, free of charge, to use it for marketing and promotional purposes related to the product in question. This use includes the reproduction and translation by PIERRE CATTIER of the review content on all of its websites and communication materials, both in France and abroad.

6.3. Limitation of Liability

It is expressly agreed that we are bound by an obligation of means in the performance of these general terms and conditions.

In any case, we cannot be held liable if the non-performance or improper performance of our contractual obligations is attributable either to you, to the actions of a third party, or to a case of force majeure.

7. Customer Service

We offer you various means of information and assistance on our Site.

For any further information or questions, the Customer Service department is available to you primarily via the contact page .

8. Intellectual Property Rights

Our entire Site (structure, presentation and content) constitutes a work protected by current French and international legislation on copyright and, more generally, on intellectual property.

We own, or are licensed to, all elements that make up our Site, including text, data, databases, software, designs, models, graphics, photos, animations, sounds, including downloadable documents.

All rights, including in particular the rights of exploitation, reproduction and extraction on any medium, of all or part of the data, files and all elements appearing on the pages of our Site, as well as the rights of representation and reproduction on any medium, of all or part of our Site, the rights of modification, adaptation or translation, are reserved exclusively to us, and to our possible successors in title, subject to the pre-existing rights of third parties who have authorized the digital reproduction and/or integration into our Site of their works of any kind whatsoever.

Any reproduction, representation, extraction, distribution or redistribution, in whole or in part, of the content of our Site by any means whatsoever without our express prior authorization is prohibited, and would constitute an infringement punishable under Articles L.335-2 et seq. of the Intellectual Property Code.

Reproduction of texts and web pages from our Site on paper remains authorized, subject to compliance with the following cumulative conditions: free distribution, respect for the integrity and purpose of the documents reproduced (no modifications or alterations), respect for the purpose of our Site in the use of its information and elements, clear and legible citation of the source with mention of the name of our Site, its Internet address and our rights.

The trademarks, company names and logos appearing on our Site are protected. Any reproduction, in whole or in part, of these trademarks or logos without our express authorization or that of our rights holders is therefore prohibited under Article L 713-2 of the French Intellectual Property Code.

You also prohibit yourself from unlocking the protection codes of software or databases or decrypting access keys, when these software or databases are equipped with an access or protection system.

9. Personal data – cookies – hyperlinks

9.1. Processing of personal data

In connection with the use of our Site and Orders, personal data may be collected.

We undertake to comply with the legal and regulatory provisions in force in accordance with Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms, as well as Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the European Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

We undertake to take all necessary precautions to preserve the security and confidentiality of the personal data to which it may have access, and in particular to prevent it from being modified, misused, or accessed by unauthorized third parties.

We undertake in particular not to access or use your personal data for purposes other than those explained in our Privacy Policy, including the processing of any complaints.

You acknowledge that you have read the information relating to your personal data contained in our Privacy Policy, (EU Regulation 2016/679 of April 27 (GDPR) and Law No. 78-17 of January 6, 1978) and you consent to the collection and processing of your personal data by us in connection with our Site and the processing of your Order.

User requests concerning personal data can be sent via the contact form .

9.2. Cookies

You acknowledge and accept the possibility that we may anonymously place one or more cookies in order to continuously improve our Site, in particular to facilitate the management of our Site and the recognition of Customers.

All provisions relating to cookies are set out in the Privacy Policy.

9.3. Hyperlinks

Our Site contains hyperlinks to websites that we do not publish. Consequently, we cannot be held responsible for the content of the sites you may access through these links.

Creating hyperlinks to our Site's homepage is permitted. Links to specific pages within our Site require our prior authorization.

The URL of the target page must be clearly indicated. The user's website must not present our Site as its own, nor distort the content of our Site, nor fail to clearly indicate that the Client is being directed to our Site. Pages from our Site must not be embedded within the pages of another website, but may be displayed in a new window.

No "mirroring" of our Site, i.e., making it available online at another URL, is permitted.

Miscellaneous

These General Terms and Conditions express the entirety of the Parties' obligations with respect to their subject matter.

It is expressly agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in the General Terms and Conditions, whatever its frequency and duration may have been, shall not constitute a modification of these General Terms and Conditions, nor generate any right whatsoever.

If one or more provisions of the General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

11. Applicable Law

These General Terms and Conditions are governed by and construed in accordance with French law, to the exclusion of any other law or convention, regardless of the place of use.

12. Dispute

12.1 Evidence

We may use as evidence any act, program, data, files, records, operations and other elements (such as tracking reports or other statements) of a computer or electronic nature or format or medium, established, received or stored directly or indirectly by us or by our technical service providers, for example in any database.

As such, the records, kept by our computer system or that of our technical service providers, are expressly admitted as valid proof of communications between the Parties, of the use of our Site and of payments made between the Parties, and shall be considered valid in the event of a dispute.

Invoice archiving is carried out on a reliable and durable medium so as to correspond to a faithful and lasting copy.

12.2. Amicable settlement

Except in cases of emergency justifying recourse to the judge of summary proceedings, the Parties undertake, in the event of a dispute, prior to referring the matter to the competent judge, to seek an amicable settlement as quickly as possible.

The most diligent Party shall notify the other Party of the existence of the dispute by registered letter with acknowledgment of receipt and request an amicable settlement.

If within fifteen (15) days from the sending of the registered letter with acknowledgement of receipt no solution is found, endorsed by a written agreement signed by the representatives of both Parties, each Party shall resume its freedom of action.

12.3. Conciliation – Mediation – Participatory Procedure

In accordance with Articles L611-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, every consumer has the right to use a consumer mediator free of charge in order to amicably resolve the dispute between them and a professional.

It is specified that consumer dispute mediation does not apply to claims you have made to our Customer Service, to direct negotiations between the consumer Client and the professional, and to proceedings initiated by a professional against a consumer client.

Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, you are hereby informed that the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/ .

You are also reminded that Article 750-1 of the Code of Civil Procedure stipulates that:

On pain of inadmissibility which the judge may pronounce ex officio, the legal claim must be preceded, at the choice of the parties, by an attempt at conciliation conducted by a conciliator of justice, an attempt at mediation or an attempt at participatory procedure, when it seeks the payment of a sum not exceeding 5,000 euros or when it relates to one of the actions mentioned in articles R. 211-3-4 and R. 211-3-8 of the code of judicial organization.

The parties are exempt from the obligation mentioned in the first paragraph in the following cases:

  1. If at least one of the parties requests the approval of an agreement;
  2. When the exercise of a prior appeal is required with the author of the decision;
  3. If the absence of recourse to one of the methods of amicable resolution mentioned in the first paragraph is justified by a legitimate reason relating either to the manifest urgency or to the circumstances of the case making such an attempt impossible or requiring that a decision be made without adversarial proceedings or to the unavailability of justice conciliators resulting in the organization of the first conciliation meeting within a manifestly excessive time frame in view of the nature and stakes of the dispute;
  4. If the judge or administrative authority must, pursuant to a specific provision, make a prior attempt at conciliation.

12.4 Jurisdiction

Subject to public policy provisions, and in the absence of an amicable agreement between the Parties and/or in the event of failure of the aforementioned conciliation, mediation or participatory procedure measures, the Parties shall submit to the competent French courts, to which they expressly attribute jurisdiction, including in the event of multiple parties, third-party claims or incidental claims, even for summary proceedings or applications.