Preamble
L’Action Paris is a mail order catalog that specializes in beauty and skincare products. The catalog is managed and edited by Mediatic Labs, which has a capital of 400 004 euros and is located at 18 rue Saint Lazarre in the 9th arrondissement of Paris. Mediatic laboratories is registered with the RCS Paris number 353 122 112 000 33.
The terms of use govern exclusively the sale of products that are available in our catalog L’ACTION PARIS. They are systematically available in the catalog by the buyer.
As a result, making an order implies that the buyer is fully aware and without reservation of the terms of use, even if a signed contract is not involved. The signature and finalization of the order serve as the validation and proof of the payment due for the aforementioned order. All other conditions laid down by the buyer will therefore be, in case we didn’t get your final agreement, non-invocable to the seller at any moment. If the seller does not prevail at any given moment of these terms of use, this cannot be interpreted as a viable renunciation to the subsequent claim of one of these conditions.
These terms of use are only for people that are buying products that are not involved with business purposes. Products bought under these terms of use are used only for the personal-use of the buyer, with no direct connection to their profession. Furthermore, the same buyer may not order more than 10 of the same product each month. In the case that a buyer orders more than the aforementioned limit, the order will not be accepted.
The rules enforced by these terms of use are French law.
Any person that wishes to buy products from the catalog must be at full legal capacity to purchase products.
Article 1 – Ordering
When you sign an order form and send it, you are affirming that you have accepted your order, as well as the entirety of the terms of use. Your order will be processed so that you may receive your package.
For all orders through the internet, a detailed acknowledgement of receipt will be sent to your e-mail address. This receipt will show the details of the sum total as well as the terms of delivery for your order. This receipt also serves as the finalization of your order and validates the transaction. You must acknowledge that our systems of registration serve as proof of the agreement and its date.
We reserve all rights to cancel the order of a client if payments from previous orders have not been made.
The buyer must fill out the order form as precisely as possible and to the best of their knowledge. The order form must include the necessary details of their identity, in particular their first and last name and their mailing address. The address given will be the one used for delivery, and if otherwise, the buyer must specify the other address on the order form. The buyer will choose the form of payment.
Article 2 – Products
The products available by L’ACTION PARIS are the ones that appear in the catalogue on the day of publication, and are available as the stock allows.
In the case that one of the products is not available, the buyer will be informed no later than the moment of the delivery of the order. It is already specified that L’ACTION PARIS will be able to substitute the unavailable product(s) with a similar product(s), with at least an equivalent value. If the buyer is not interested in the substituted product, there is the possibility of obtaining a refund from the substituted product. In order to do this, the buyer must return the unused product in its original state and packaging to the following address:
Mediatic Labs Service Clients 18 rue Saint Lazare 75009 PARIS
The buyer must be sure to include with the package a written note explaining the reasons for returning the product, as well as the order number.
Article 3 – Pricing
The prices of products are indicated in euros and are valid in the France metropolitan area, as well as Corse, Monaco, and Belgium. They hold accountable possible reductions, as well as the T.V.A. that applies the day of the order.
The indicated prices do not include the cost of shipment that will be charged additionally, and will be specific to the buyer of the order.
It is specified that possible promotions and discounts are only valid for one order per residence and only during the time of the offer.
L’ACTION PARIS reserves the right, that the buyer accepts, to modify prices at any time, but the products will be charged on the base of the taxes in effect at the time of the order, as well as the availability of these products.
All products are the property of L’ACTION PARIS until the products are completely payed for by the buyer.
The prices that appear in the catalog are given in Euros with taxes included. The charge for packaging and sending the product are not included. The charge for handling and shipping is 5.90 euros for each order in France, and 12 euros for the other European countries.
Article 4 – Forms of payment
The sum total owed by the buyer the total indicated on the bill.
Before finalizing the order and clicking on “ORDER”, the buyer will have the choice of different forms of payment. After clicking on “ORDER”, the payment will be completed. Bleue, Visa, and Eurocard/Mastercard credit cards are accepted for all order. Only French bank cards will be accepted. The payment will appear on you banks statement as “Medicatic Labs”. To pay in the form of check, make the check payable to “Mediatic Labs” and send by mail to: Mediatic Labs 18 rue Saint Lazare 75009 PARIS. Checks must be sent at the same time that the order is made.
For the last two forms of payment, the order will only be validated after L’ACTION PARIS receives the order and the payment is validated.
In all cases, L’ACTION PARIS reserves the right to refuse any order or any delivery if a buyer fails to follow the guides laid out in these terms of use. Equally, an order will be refused if the buyer failed to pay an existing bill, if the bank card is refused for payment, and if the bank card is not from a French bank. L’ACTION PARIS is not responsible in any of these cases.
Article 5 – Delivery
L’ACTION PARIS will do its best to send the order in no more than 4 days the day after the order is finalized.
Products ordered by the buyer will only be delivered to the address that is indicated on the order, in France, Belgium, Corse and Monaco, and in all the countries below :
Germany, Austria, Bulgaria, Cyprus, Croatia, Denmark, Span, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Tzech Republic, Rumania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland.
From there, the buyer will have the possibility of sending the products to another address.
Products will be handled by postal service workers. L’ACTION PARIS refuses all responsibility in the case that an order is delayed because of the postal service or any other form of delivery, as well as if the package is lost or if there is a strike. In addition, it is specified that the products ordered by the buyer will not be delivered until the entire payment has been received, which included delivery charges.
Upon receiving the order, the buyer must make sure that all products were received. Any abnormalities regarding the delivery (a missing or broken product, a damaged package) must be reported the day the package is received, or the first day the package is opened after receiving it. All reports may be sent by mail addressed to: Mediatic Labs Service clients, 18 rue Saint Lazare 75009 PARIS, or by e-mail at: contact@lactionparis.com, as well as by telephone ((33) 1 48 74 77 00) and fax ((33) 1 48 74 77 11). Any claim made after a delay will be rejected and L’ACTION PARIS will be free of any responsibility. L’ACTION PARIS reserves the possibility to as the buyer to return any damanged products.
If the aforementioned conditions are followed, L’ACTION PARIS will proceed to either exchange or refund the defect products, or send the product that is missing.
Article 6 – Warranties and Refunds
If the product you received is not the product you ordered, do not worry. Simply return it in its original package and in perfect condition within 10 days of receiving it to the following address: Mediatic Labs Service clients, 18 rue Saint Lazare 75009 PARIS. The products must not be used. We will exchange the product, or if you want, we will refund you by check within 15 days of receiving the package.
– If the package is returned without being opened, we will refund you for the price of the package as well as the delivery charges.
– If the product is returned by your own will, we will refund the price of the product – the cost of sending the product back will be your responsibility.
– If the product is returned because of our fault, we will refund you for the product, the delivery charges, as well as the delivery charges for the return of the product.
Article 7 – Technology and liberties
Certain information from the buyer is necessary for the delivery of orders, as well as for billing. This information given by the buyer is strictly confidential. An order will not be processed if any necessary information is missing.
In accordance with the law 78-17 from January 6, 1978 relative to technology, records and liberties, the use of necessary information collected from sale orders were the subject of a declaration by the Commision Nationale de l’Informatique et des Libertés.
The buyer has the right to access, modify, rectify, and suppress any of this information. To exercise this right, the buyer must send their request by mail to: Mediatic Labs Service clients, 18 rue Saint Lazare 75009 PARIS. In this case, the buyer must give their first and last name, address, and if necessary, their customer number.
Lastly, L’ACTION PARIS will be able to give this information to commercial partners. The buyer will receive special offers from these partners as well. However, if the buyer does not want this information given to our partners, he/she has the right to refuse such communication by sending a letter stating this wish to the same address given in the above paragraph.
Article 8 – Responsability
All available products are in order according to current French legislation.The images and texts illustrating the products do not apply to this contractual field. If the images or text are incorrect, L’ACTION PARIS is not responsible.
L’ACTION PARIS is not responsible of the non-performance of a contract in the case of a rupture of stock or the unavailability of a product, from force majeure, or the disruption of a full or partial strike notably of postal services and transportation mediums and/or communications. L’ACTION PARIS will incur no responsibility for indirect damages of these problems, loss of concern, loss of fortune, damages or expenses.
L’ACTION PARIS reminds that in following the 1124 article of the Civil Code, non-independent minors are not able to form contracts. As a result, orders made by minors must be authorized by parent or guardian figure. In the case that certain information is collected from a minor, the parental authority has the ability to refuse that we keep t this information and/or that this information be given to any of our commercial partners.
Article 9 – Consumer rights/ Right of retraction
The buyer has a period of 10 days to return, at their expense, the products that did not satisfy their needs. This period starts the days the package is received. The products must be returned in the same condition and their original package to the following address: Mediatic Labs Service clients, 18 rue Saint Lazare 75009 PARIS.
If the aforementioned conditions are fulfilled, L’ACTION PARIS will reimburse the buyer (within fifteen (15) days of receiving the package) the total sum for the products, with the exception of the expenses for the return shipment of the products to L’ACTION PARIS, which are the responsibility of the buyer.
Article 10 – Intellectual property
In agreement with the laws governing the literary and artistic rights or any similar rights, the current catalogue and all of its elements, brands, drawings, models, logos, graphics, etc. found in the current catalogue, as well as their compilation, are the exclusive property of L’ACTION PARIS and their distributors, with the latter holding no license or any other right except consulting the catalogue.
The use or reproduction of all or part of one of these elements is only authorized for personal or private use, with all other uses and reproductions of copies to others being forbidden. All other uses are infringement of copyright and sanctioned by the title of Propriété Intellectuelle, without prior authorization and writing from L’ACTION PARIS.
Article 11 – Various specifications
L’ACTION PARIS will not be responsible for the non-performance of these obligations if the non-performance is caused by an outside party, notably in the case of the disruption or strike by the postal service, and forms of transportation and/or communication, flooding, and fire. This is considered as a case of force majeure and fulfills the criteria set by the Jurisprudence de la 2ème chambre civile de la Cour de cassation.
In the case of a force majeure, L’ACTION PARIS will notify the buyer of these events within 10 days of the incidence.
The two parties agree that they will consult each other as soon as possible to determine together the terms of action of the order during the time of a force majeure. In the case of a delay of over a month from interruption and L’ACTION PARIS cannot fulfill the order, L’ACTION PARIS will reimburse the buyer.
If one or more of the current conditions in the terms of use turn out to be invalid, or declared to be invalid by the law, or regulations or following a definitive decision by the court, the other conditions will still be enforced.
The current terms of use and the summary of the order sent to the buyer form together a contract and make up the entirety of the contractual relationship between the two parties.
In the case of discrepancy between these documents, the terms of use will prevail.
Law applied – Competent jurisdiction The current terms of use and the contract relationship between L’ACTION PARIS and the buyer are subject to French law. In the case of litigation, an amicable solution will be talked about before any judicial action; the French court will only be appropriate.
Knowing that changes are possible, L’ACTION PARIS reserves the possibility to adapt or modify at any moment these terms of use. If there are new terms of use, the buyer will be aware of these changes by the publication of a new catalog that will detail these changes, and will only be applied to sales following the modification.
