Terms and Conditions - RASTELLI Online Store
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") govern all contractual interactions between the company RASTELLI COMPANY (hereinafter referred to as "RASTELLI" or "the Company"), whose registered office is located at 30A Rue du Languedoc - Saint Médard en Jalles - 33160, registered under number 909 926 867 with the R.C.S. of Bordeaux, and subject to VAT under number FR17909926867. You can reach us by phone at +33 6 65 78 34 56 or by email at sav@rastelliparis.fr. The company is represented by Ms. Luana RASTELLI, as owner. Customers (hereinafter referred to as "the Buyer" or "the Client") who place an order on the website www.rastelliparis.fr (hereinafter referred to as "the Site") are subject to these GTC.
Your Status
By placing an order with us, you acknowledge that you are authorized and/or empowered to enter into a legally binding contract with us and you warrant that you are not violating any law or obligation to a third party. If you are an individual, you declare and confirm that you are at least 18 years old and you agree to use the products in accordance with all recommendations and other requirements we publish (including those on our website) as well as the terms of use and requirements specified by the product manufacturer, if applicable. We will only accept orders for glue, or any product containing glue, from qualified professionals (as defined in clause 4) and if you place an order for any such product, you declare and confirm that you are a professional and you agree to use the glues in accordance with our requirements, including those specified on our website and in clause 4 below.
1. Purpose
These General Terms and Conditions of Sale (GTC) aim to:
- Clarify the conditions and terms of online sales offered by RASTELLI, as well as the delivery of products ordered on the Site.
- Inform the Buyer about their rights and obligations when purchasing these products online.
These GTC apply, without restriction or reservation, to all sales of products offered on the Site, accessible via www.rastelliparis.fr.
Any order placed via the Site by the Buyer implies their unreserved acceptance of the GTC. Thus, the Buyer confirms that they accept all of the GTC and that they have read them by checking the "I have read and accept the general terms and conditions of sale" box when placing their order.
RASTELLI reserves the right to modify the GTC at any time. It is the Buyer's responsibility to carefully consult the GTC in force at the time of each new order. The GTC applicable to the Order are those accepted by the Buyer at the time of their order.
The current GTC are always accessible on the Site and prevail over any previous versions or any other contradictory document. They are supplemented by our privacy policy.
2. Order Process
The Buyer can order the selected products according to the following process:
- Buyer Identification: The Buyer can identify themselves directly after selecting the Products or via their customer account.
- To open a customer account, the Buyer must provide a valid email address and a password, referred to as "login credentials." These credentials are personal to the Buyer and must remain confidential.
- The Buyer accesses the Site, adds the desired Products to their cart, and identifies themselves if necessary. They agree to provide reliable and accurate information to RASTELLI. RASTELLI is not responsible for incorrect or incomplete information provided by the Buyer. In case of false information, non-payment, or irregularities in the customer account, RASTELLI reserves the right to cancel the order and/or delete the customer account.
- Once the Products are added to the cart and the identification information is entered, an order summary is presented to the Buyer for verification and possible correction.
- The Buyer fills in and verifies the billing and delivery address, then chooses the delivery and payment method. An order number is assigned to the Buyer after payment.
- Only payment confirmation contractually binds RASTELLI to the Buyer. The invoice is sent by email, with a copy in the package.
- The Buyer is debited at the time of order, except for bank transfers awaiting validation by RASTELLI's banking institution.
- In case of stockout, the Buyer is informed by email or phone and can wait for restocking, choose an equivalent product, or cancel the order.
Abnormal orders in terms of amount, volume, or frequency may be suspended, thereby justifying the suspension and/or closure of the customer account.
3. Price
The price of each product will be that indicated on our site at the time of the order, except in the case of obvious error. Our prices do not include VAT, in accordance with our company status in France, and do not include delivery costs, which will be added to the total amount due, in accordance with our delivery charges in force at the time of the order.
Supplier prices are subject to change. They may also be modified in case of special offers or sales. Prices are subject to change at any time, but changes after an order do not affect accepted orders.
4. Adhesive Products – For Professionals Only
4.1 Adhesives are products that carry a potential risk of bodily harm if not used and applied correctly by qualified professionals. A qualified professional is defined as a person holding a certificate of competence in eyelash extension application, possessing expertise and experience in the use of all eyelash extension application products, particularly adhesives, and being fully insured for the use and application of the products and adhesives required for eyelash extension application (collectively referred to as "Professionals").
4.2 We will only supply adhesive products to professionals, and we reserve the right to request anyone placing an order for these products to provide satisfactory proof demonstrating that they are properly qualified, adhere to all appropriate standards and prerequisites, and/or are capable of applying adhesive products correctly. In the absence of such information, or if the information provided is not deemed satisfactory, we will not supply adhesive products. If we have reason to believe that you are not properly qualified and compliant, we reserve the right not to supply you with adhesive products and/or to cancel any order you have placed, whether or not it has been accepted by us.
4.3 Notwithstanding the provisions of clause 4.2 above, you accept and agree to use adhesive products in accordance with the following guidelines:
(a) You must first carry out a thorough assessment of your client to check for any potential contraindications;
(b) In the event of a contraindication found or suggested, you must provide the safety data sheet to the client's treating physician and obtain their authorization before any further consultation with the client;
(c) After performing steps (a) and (b) above, you must carry out an allergy test 48 hours before any use of an adhesive product, in accordance with our recommendations and good professional practices, and you must only proceed with the application if the allergy test result is satisfactory;
(d) Adhesive products must only be used for applications with eyes closed;
(e) Adhesive products must never be used on a client who has or has had an eye problem, laser eye surgery, an open wound on the face, eczema, dermatitis, psoriasis, recent semi-permanent makeup, or facial surgery, or any other condition that makes the use of adhesive products inappropriate.
5. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are provided in the "withdrawal policy," a policy available and accessible at the bottom of each page of the SITE via a hyperlink.
6. PAYMENT
6.1 Payment Terms
The client can pay for their products online on the SITE using the payment methods offered by RASTELLI.
By making an online payment on the site, the client guarantees to RASTELLI that they have all the necessary authorizations to use the chosen payment method. RASTELLI will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the payment on the SITE.
6.2 Delayed or Refused Payment
If the bank refuses to debit a card or any other payment method, the client must contact RASTELLI Customer Service to make the payment for the order by any other valid payment method.
In the event that, for any reason whatsoever, opposition, refusal, or any other circumstance prevents the transmission of the funds due by the CLIENT, the order will be canceled and the sale automatically terminated.
7.TRANSFER OF OWNERSHIP
RASTELLI retains ownership of the delivered products until they are fully paid for by the client.
However, as soon as the client or a third party designated by them, other than the carrier, receives the products, the risks of loss or damage are transferred to them.
8. DELIVERY
The terms and conditions for PRODUCT DELIVERY are stipulated in the "delivery policy" referenced and accessible at the bottom of each page of the SITE via a hyperlink.
9. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, to ensure maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
10. WARRANTIES
Beyond any commercial guarantees that RASTELLI may offer for certain products, every Customer benefits from "legal" guarantees for all products, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.
10.1. Conformity Guarantee
Article L. 217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this was made their responsibility by the contract or was carried out under their responsibility."
Article L.217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If they are fit for the use ordinarily expected of similar goods and, where applicable: - if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted."
10.2 Hidden Defects Warranty
RASTELLI is liable for hidden defects in the product under the conditions provided for in Articles 1641 et seq. of the Civil Code. Subject to the presentation of proof of purchase, the Buyer may invoke the hidden defects warranty within a period of 2 years. The Buyer must provide proof that the defect was not apparent, existed at the time of purchase, and renders the product unfit for its intended use, or significantly diminishes that use.
Subject to providing this proof, the Buyer may choose between rescission of the sale or a reduction in the selling price, in accordance with Article 1644 of the Civil Code.
The hidden defects warranty and the legal conformity warranty apply independently of any other commercial product return mechanisms of RASTELLI.
11. LIABILITY
RASTELLI's liability shall under no circumstances be engaged in the event of non-performance or improper performance of contractual obligations attributable to the client, particularly when entering their order.
RASTELLI's liability cannot be engaged when the Buyer does not comply, in whole or in part, with the GTC, or in the event of an unforeseeable act by a third party or in the event of Force Majeure as defined by French courts.
The Company disclaims all liability for direct and/or indirect damages, whether foreseeable or not, caused during the use of the site.
12. Data Protection and Security Controls
RASTELLI collects personal data concerning its customers on the SITE, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by RASTELLI is used to process orders placed on the site, manage the customer account, analyze orders and, if the customer has expressly chosen this option, send them commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from RASTELLI.
Customer data is kept confidential by RASTELLI for the purposes of the contract, its execution and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the link provided for this purpose at the bottom of each offer received by email.
Data may be communicated, in whole or in part, to RASTELLI's service providers involved in the order process. For commercial purposes, RASTELLI may transfer the names and contact details of its CLIENTS to its commercial partners, provided that the latter have expressly given their prior consent when registering on the SITE.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the client whose personal data is processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning them.
The CLIENT can exercise these rights by sending an email to: sav@rastelliparis.fr or by sending a letter to: 194 Avenue du Médoc - Bâtiment D - Appt 201 - Eysines 33320
It is specified that the client must be able to justify their identity, either by scanning an identity document or by sending RASTELLI a photocopy of their identity document.
13. CUSTOMER SERVICE
RASTELLI provides a "Customer Service" to the client at the following number: +33 6 65 78 34 56 (non-surcharged number). Any written complaint from the client must be sent to the following address: Avenue du Médoc - Bâtiment D - Appt 201 - Eysines 33320 or by email at sav@rastelliparis.fr
14. INTELLECTUAL PROPERTY
The Site and all elements found therein (brand, designs, logos, models, etc.) are the exclusive property of RASTELLI. Any total or partial reproduction is prohibited.
15. Modification of these General Terms and Conditions of Sale
15.1 We reserve the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities.
15.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working days of your receipt of the products).
16. JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and any relationship arising from this contract between RASTELLI and the CUSTOMER are governed by French law.
17. SPECIFIC DELIVERY CONDITIONS
17.1 Tracking and proof of delivery
Every shipped order is assigned a tracking number.
The information provided by the carrier (delivery status, mailbox deposit, availability at a relay point) is authentic and constitutes proof of delivery.
17.2 Package made available at a relay point / locker
When the package is made available at a relay point or locker, the customer must collect it within the timeframe indicated by the carrier.
In case of non-collection:
- the package will be automatically returned to RASTELLI
- no refund will be issued
After receiving and checking the product, a new shipment may be offered, subject to the payment of new shipping fees.
17.3 Incorrect or incomplete address
The customer is solely responsible for the delivery information provided during the order.
In case of an error resulting in a package return:
- no refund will be issued
- reshipment will be possible at the customer's expense
17.4 Package refusal
In case of package refusal without legitimate reason:
- the package will be returned to RASTELLI
- return and reshipment costs will be borne by the customer
17.5 Delivery delay
Delivery times are indicative.
Any delay attributable to the carrier does not entitle to an automatic refund.
17.6 Lost package
In case of a loss declared by the carrier, an investigation will be opened.
No solution can be offered before official confirmation of the loss
After confirmation, RASTELLI will propose:
- a reshipment
- or a credit note
In the event of a dispute relating to the existence, interpretation, execution or termination of the contract, and in the absence of an amicable agreement, exclusive jurisdiction shall lie with the competent French courts, in accordance with the rules laid down by the French Civil Procedure Code. The parties undertake to prioritize negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement. The party wishing to initiate the negotiation process must inform the other party by registered letter, indicating the elements of the conflict.