Terms and Conditions RARITY PARIS

The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are addressed to all users registering on the present Platform, who must expressly accept them in order to do so.

It is therefore imperative that all Customers familiarize themselves with the GCS insofar as they define the rules for using the Platform. Registration on the Platform as a Customer implies full acceptance of the GCS.

When the customer registers and then validates an order with RARITY PARIS on the Platform and ticks the box “I accept the terms and conditions of sale”, the customer acknowledges having read the terms and conditions of sale and accepts them without restriction.

The information required by law from publishers of websites and platforms can be found on the “Legal Notice” page.

ARTICLE 01. CONTRACTING PARTIES

The T&Cs constitute a binding contract between :

– Customers with an Account on the Platform,

On the one hand,

And

– RARITY, a simplified joint stock company with capital of 1,000.00 euros, registered in the Paris Trade and Companies Register under number 979 916 996, with registered office at 102 Rue du Faubourg Saint Honoré – 75008 Paris, represented by its Chairman, duly authorized for this purpose, hereinafter referred to by its trade name “RARITY PARIS”,

On the other hand,

ARTICLE 02. DEFINITIONS

In the T&Cs, words or expressions beginning with a capital letter have the following meaning:

– Customer: any natural person who registers on the Platform with a view, in particular, to accessing information on articles, purchasing articles and taking advantage of various other services offered by RARITY PARIS, on their Account.

– Account: the area of the Platform accessible only to the Customer who is its owner, by entering his Identifier and password.

– Identifier: the e-mail address enabling a Customer to access his/her Account on the Platform by completing it with his/her password.

– Product sheet: descriptive sheet of the product offered for sale on the RARITY PARIS Platform. This sheet is entirely written by us.

– Items: refers to the products placed online and offered for sale on the RARITY PARIS Platform.

– Service(s): any type of service offered on the Platform by RARITY PARIS to Customers and, in particular, the ability to make online purchases of items and to access information relating to current or previous orders.

– Showroom: the RARITY PARIS premises at 102, Rue du Faubourg Saint Honoré – 75008 Paris.

– Platform: this website, accessible at the following address: www.rarity-paris.com

ARTICLE 03. PURPOSE

The GCS govern the terms and conditions of the Services, in particular those enabling Customers to make purchases of Items for sale on the Platform and to access information relating to their current or previous orders.

ARTICLE 04. CONTRACTUAL DOCUMENTS

In the relationship between RARITY PARIS and the Customer, the General Terms and Conditions, together with the Privacy Policy and the General Terms and Conditions of Use, govern the entire contractual relationship and apply to the exclusion of any other agreement.

RARITY PARIS advises all visitors to the Platform to save or print out the General Terms and Conditions, without modifying them.

RARITY PARIS reserves the right to modify the GTC at any time by publishing a new version on the Platform.

In this case, any order in progress will remain subject to the previous GCS. The modifications will come into force as soon as they are posted on the Platform and will therefore be enforceable against any Customer as soon as they are accepted. In the event of acceptance, all new orders and, more generally, the contractual relationship between the Customer and RARITY PARIS will be subject to these modified GTC.

Any Customer who does not accept the modified GCS will not be able to continue to access the Platform and the contract will be terminated by application of the “TERMINATION” article.

RARITY PARIS reserves the right to modify certain features of the Platform at any time, or to add new features, which will automatically be subject to these GTC.

ARTICLE 05. ACCESS TO SERVICES

The Services are as follows:

– The creation and management of an individual Account, which can be deleted at any time by the Customer,

– Access to this Account enables the Customer to use the functionalities made available online on the Platform, including, in particular, the possibility of placing online orders and accessing information relating to current and previous orders.

Services are reserved for Customers only.

ARTICLE 06. CREATION OF AN ACCOUNT BY CUSTOMERS

Any Customer wishing to benefit from the Service must first register on the Platform by following the instructions on the Platform.

It is strictly forbidden for a Customer to register on the Platform under several identities or under a false identity.

RARITY PARIS reserves the right to remove access to the areas of the Platform reserved for the presentation of the Customer’s Identifier and, consequently, access to the resulting Services of a Customer whose Identifier is contrary to good morals or is of an illicit nature, without prior notice or compensation to the Customer, or prejudice to the rights of RARITY PARIS. The same will apply in the event of any message with similar characteristics being sent to RARITY PARIS.

The registration process cannot be completed unless one of the mandatory fields is filled in or the “I accept the terms and conditions” box is checked.

RARITY PARIS reserves the right to ask any Customer to justify the information provided during the registration procedure. This information must be complete and accurate on the date the Customer registers on the Platform.

In the event of modification of this information, the Customer undertakes to correct it, without delay, within his Account.

RARITY PARIS cannot verify the identity of customers or the accuracy of the information they provide.

Consequently, the Customer acknowledges that any false information or information that has become false, communicated by the Customer, is likely to incur liability towards RARITY PARIS.

The Customer acknowledges having the capacity to contract under the conditions described, i.e. being at least 18 years of age, being legally capable of contracting and not being under guardianship or curatorship. The purchaser guarantees the truthfulness and accuracy of the information provided by him or any other member of his family.

The Customer chooses a Username and Password. It is the Customer’s responsibility to change the password regularly, using the Account. It is strongly recommended not to choose a password consisting of a common word, but to alternate numbers and letters, upper and lower case.

The Customer is solely responsible for his login and password and the use he makes of them. He expressly undertakes to keep his password confidential and not to communicate it to anyone under any circumstances. Consequently, the Customer expressly acknowledges that entering any Identifier and password constitutes proof of his/her identity and manifests his/her consent to all operations carried out on the Platform following his/her identification.

The Customer must maintain a valid e-mail address during the period of registration on the Platform, at the risk of no longer being able to access it, particularly in the event of loss of password.

A customer’s account is strictly personal and may not be transferred, by any means whatsoever, to a third party, even free of charge.

RARITY PARIS shall not be held liable for any loss or damage suffered by Customers as a result of the use of their login and password by a third party. In the event of loss, misappropriation or fraudulent use of all or part of the User ID and password, the Customer must immediately notify RARITY PARIS. The Customer remains responsible for any use made of the User ID and password before informing RARITY PARIS and before RARITY PARIS has been able to modify the User ID and password within a reasonable period of time. In the event that a customer disseminates or uses their Identifier in a manner contrary to its intended purpose, RARITY PARIS reserves the right to terminate the contract and remove access to the Account and the content accessible from it, without prior notice or compensation. RARITY PARIS may also take legal action to obtain compensation for any damages it may suffer as a result of such distribution or use.

These stipulations are expressly deemed to be material between the parties.

ARTICLE 07. DESCRIPTION OF SERVICES

The Customer, as well as Internet users, can consult the Articles presented by RARITY PARIS on the Platform.

In addition, the Customer may :

– Place one or more item orders,

– Track the status of orders in progress,

– Access your invoices.

To place an order for Articles, the Customer must :

– Follow the instructions on the Platform and, in particular, the instructions required to connect to the Account and, where applicable, to open an Account,

– Select the Item(s) of his/her choice, it being specified that it is possible that the selection of Items chosen by the Customer may no longer be available depending on the time taken to validate the order. The Customer will then have to restart his selection of Items from the beginning,

– Check the elements of the order and, if necessary, modify the selection of Items and/or correct the delivery and/or invoicing information,

– Confirm order,

– Choose a payment method,

– Follow the instructions of the online payment service to proceed with the secure payment of the order amount.

In the event that the total price of the order exceeds the sum of five hundred ( 500 ) euros including VAT, the validation of the order will be subject, without prejudice to the following paragraph, to material verification by RARITY PARIS with the Customer. Failing this, the order will not be validated.

Once the payment authorization has been validated, the Customer receives confirmation of payment acceptance and confirmation of the order.

ARTICLE 08. CHARACTERISTICS OF ITEMS FOR SALE

The items for sale on the Platform are second-hand items, so that the available stock may be limited to a few or even a single item. It is also possible for an item to be sold both on the Platform and in the Showroom. The availability of an item may therefore vary according to the time required to update the Platform. The Platform is updated approximately every 3 hours.

Consequently, the Customer will be immediately informed by RARITY PARIS, by e-mail, of the unavailability of the Article selected when placing an order.

Each item offered for sale has a Product Sheet describing all its characteristics, such as brand, material, size, color and condition.

RARITY PARIS endeavours to describe and present the essential characteristics of the items offered for sale as accurately as possible on the Product Sheets.

In this respect, the condition of the item for sale is defined according to the following categories:

– New condition”: the item looks new and is free of defects.

– Excellent condition”: the item has seen very little use and remains flawless.

– Very good condition”: the item has been little used and remains in very good condition. It may have a few visible defects.

– Good condition”: the item shows signs of use.

– Fair condition”: the item has been frequently used and shows marked signs of wear.

The Customer hereby acknowledges having purchased the Article as described in the relevant Product Sheet.

The item for sale is accompanied by one or more photographs.

The photographs and illustrations accompanying the items on the RARITY PARIS Platform are not contractually binding and despite all the precautions taken by RARITY PARIS, errors may occur.

Under no circumstances can RARITY be held responsible for these events.

If necessary, the customer can contact the sales department using the contact details given in the “Sales Department” section.

ARTICLE 09. PRICES OF ITEMS FOR SALE

The price of the Articles is indicated on the platform, in euros, inclusive of all taxes and exclusive of delivery charges. Furthermore, prices are exclusive of customs duties and any applicable taxes, which are the sole responsibility of the Customer.

When the order is validated, the price to be paid includes all taxes.

The price indicated in the order confirmation by the RARITY PARIS Platform is the final price.

The payment itself will only be considered definitive once RARITY has received the funds.

All prices are subject to typographical errors.

The period of validity of the items on sale is determined by the updating of the site.

ARTICLE 10. TERMS OF PAYMENT

The acquisition of the Articles placed online on the RARITY PARIS Platform is made against payment by the Customer of the price appearing on the Platform.

Payment of the price by the Customer is made by one of the following means of payment:

– By credit card (Carte Bleue, VISA, VISA Electron, Eurocard/Mastercard, Maestro, American Express, Alipay ).

– By bank transfer

In the case of payment by credit card, the transaction is immediately debited after verification of the Customer’s credit card details, on receipt of debit authorization from the bank issuing the said credit card.

In accordance with article L.132-2 of the French Monetary and Financial Code, the commitment to pay by credit card is irrevocable. By providing his/her credit card details, the Customer authorises RARITY PARIS to debit his/her credit card for the amount corresponding to the price.

To this end, the Customer must confirm, during the payment process, that he/she is the holder of the bank card to be debited and that the name appearing on the card is indeed his/her own.

Should it be impossible to debit the price, the online sale will be immediately cancelled by operation of law.

In the event of payment by bank transfer: the order will be recorded and validated when the amount of the order is credited to the RARITY online account. In this case, the customer will receive an e-mail confirming payment authorization.

The order confirmation, together with the order form, will be sent to the e-mail address indicated by the Customer on the order pages.

ARTICLE 11. DELIVERY OF ITEMS FOR SALE

11.01 DELIVERY METHODS AND AMOUNTS

Delivery is assured worldwide (excluding North Korea).

The customer is informed that delivery costs are at his own expense (except for exceptional promotional operations).

When placing an order, the Customer chooses one of the delivery methods offered on the Site.

The following delivery methods are available:

– By courier only for deliveries in Paris and the inner suburbs,

– By DHL Express in 24h to 48h, delivery in Europe and worldwide,

– At the Showroom with Click and Collect.

The amount of delivery charges, any customs duties and any other potential taxes depends in particular on the delivery method chosen by the Customer and the country of destination.

Shipping fees include handling and packing fees as well as postage costs. We advise you to group your items in one order.

Delivery charges vary according to weight, size and shipping country.

Your parcel is sent at your own risk. Particular care is taken with parcels containing fragile items.

Packages are oversized and protected.

– No delivery charges apply to the “Click and Collect” service at the Showroom.

11.02 DELIVERY TIMES

Delivery times are as follows:

– Eight (8) working days from validation of the order, for delivery in mainland France (excluding Corsica),

– Fifteen (15) working days from validation of the order, for delivery abroad or in France overseas and Corsica.

These lead times are given as an indication only, and any failure to meet them will not give rise to damages, withholding or cancellation of the order by the customer.

Delivery is deemed to have taken place as soon as RARITY PARIS has handed over the ordered items to the carrier.

In the case of the “Click and Collect” service, items ordered are available in the Showroom within forty-eight (48) hours of order validation. They can be collected by the Customer, after making an appointment, on presentation of the confirmation e-mail and proof of identity. The appointment must be made by e-mail to the following address: contact@rarity-paris.com

Delivery times are given in working days and correspond to average preparation and dispatch times.

The Customer will receive an e-mail informing him of the dispatch of his order.

In the event of late delivery, the order will not be cancelled. RARITY PARIS will inform the Customer by e-mail.

Customers can follow the progress of their order on their Account.

11.03 VERIFICATION OF ORDER UPON RECEIPT

It is the Customer’s responsibility to check the condition of the packaging and the Items purchased upon receipt.

It is the Customer’s responsibility to make any reservations or claims he/she deems necessary, or even to refuse the parcel if it is obviously damaged on delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days of delivery.

The customer must send RARITY PARIS a copy of the letter sent to the carrier.

ARTICLE 12. RIGHT OF WITHDRAWAL

The customer has a right of withdrawal for purchases made online, which may be exercised within fourteen (14) calendar days from the date of receipt or collection of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

Customers wishing to exercise their right of withdrawal must return the Articles concerned within the aforementioned period to the Showroom address (102 Rue du Faubourg Saint Honoré – 75008 Paris).

The Customer must return the Products unused and complete in their original packaging with all accessories and documents, with labels and seals duly affixed, in packaging identical or similar to that of the shipment, within a maximum period of fourteen (14) days from the date on which the withdrawal is sent.

The Customer is duly informed that the Articles are all protected by a “tamper-evident seal” which must only be broken by the Customer if he is certain of using the Article purchased.

The Customer must also send an e-mail informing RARITY PARIS of the exercise of their right of withdrawal to the following address: contact@rarity-paris.com

All items purchased in the showroom are non-refundable, non-returnable and non-exchangeable.

ARTICLE 13. GUARANTEE

RARITY PARIS is subject to the legal warranty conditions set out in articles L.217-7 of the French Consumer Code (non-conformity) and 1641 of the French Civil Code (hidden defects).

ARTICLE 14. COMMERCIAL SERVICE

For any information, complaint, question or advice, the Internet user or Customer may contact the RARITY PARIS Sales Department at the following address:

– Mail: RARITY PARIS – 102 Rue du Faubourg Saint Honoré – 75008 Paris

– E-mail: contact@rarity-paris.com

– Telephone: +33 6 25 04 49 52

Within one year of making a request to the customer service department, the customer may have his request examined by a mediator. IN ACCORDANCE WITH ARTICLE L.612-1 OF THE CONSUMER CODE, THE CONSUMER HAS THE RIGHT TO HAVE RECOURSE FREE OF CHARGE TO A CONSUMER MEDIATOR WITH A VIEW TO THE AMICABLE RESOLUTION OF THE DISPUTE. TO THIS END, THE PROFESSIONAL GUARANTEES THE CONSUMER EFFECTIVE RECOURSE TO A CONSUMER MEDIATION SCHEME. TO THIS END, THE PROFESSIONAL MUST COMMUNICATE THE DETAILS OF THE COMPETENT MEDIATOR UNDER HIS JURISDICTION (ART. L.616-1 OF THE CONSUMER CODE).

ARTICLE 15. TERMINATION OF THE GSAS

15.01 CANCELLATION

The General Terms and Conditions constitute a contract between RARITY PARIS and the customer, which takes effect on the customer’s registration date.

As this contract is for an indefinite period, either party may terminate it and, therefore, terminate the Customer’s registration on the Platform, without reason or compensation for the other party, subject to fifteen (15) days’ notice when the termination is at the initiative of RARITY PARIS and immediately when the termination is at the initiative of the Customer. In the latter case, the Customer simply clicks on the “Delete my account” link and confirms the operation.

However, as long as a sale is in progress, the General Terms and Conditions of Sale will remain in force; however, the Customer may no longer proceed with the purchase of a product.

15.02 TERMINATION FOR NON-USE OF ACCOUNT

In particular, RARITY PARIS may terminate the registration of a Customer to the site in the event that the Customer does not connect to his/her Account for a period exceeding two (2) years. The former Customer may, however, re-register.

15.03 TERMINATION FOR FAULT

In the event of non-performance by one of the parties of one of its substantial obligations, the other party may give notice of termination of the present contract, fifteen (15) days after formal notice to remedy the situation has remained without effect, without prejudice to any damages that may be due.

RARITY PARIS may also, at its discretion, send a notice to remind the offending Customer of its obligations.

RARITY PARIS reserves the right to terminate any contract with a customer who has provided false information when registering on the website, or who does not respect his contractual obligations or the laws and regulations in force. In the event of an emergency, the GTC may be terminated immediately, i.e. without notice or compensation to the Customer.

15.04 TERMINATION NOTIFICATION PROCEDURE

In the event of termination at the Customer’s initiative, the Customer must click on the “Delete my Account” link and then confirm his or her wish to cancel.

In the event of termination or suspension of access rights to areas of the Platform reserved for the presentation of the Customer’s Identifier on the initiative of RARITY PARIS, notification of the contractual breaches complained of as well as any termination of the GTC will be notified to the Customer by e-mail, to the address provided by the Customer.

15.05 CONSEQUENCES OF TERMINATION

Access to the Customer’s Account will then be removed by RARITY PARIS as soon as possible.

ARTICLE 16. LIABILITY

RARITY PARIS is only responsible for the content of the pages it publishes and the Services it offers.

RARITY PARIS can under no circumstances be held responsible for any damage that may occur to the computer system of an Internet user or a Customer and/or the loss of data resulting from the use of the site by an Internet user or a Customer.

RARITY PARIS cannot be held responsible for facts other than those relating to the Platform and messages exchanged as part of the Services.

RARITY PARIS does not guarantee the availability or performance of the Platform.

RARITY PARIS can only be held liable for direct and foreseeable damage, exclusively caused by a breach by RARITY PARIS of its obligations.

In the event that RARITY PARIS is held liable for a breach by a Customer of his obligations under the terms of the contract binding him to RARITY PARIS or under current legislation, the Customer guarantees RARITY PARIS against any judgement pronounced against RARITY PARIS or amicable compensation. This guarantee covers any compensation that may be paid, as well as legal fees and court costs that may be charged to RARITY PARIS.

ARTICLE 17. FORCE MAJEURE

RARITY PARIS will not be held responsible for any default, delay or non-performance of its obligations under the GTC, when this default, delay or non-performance is linked to a case of force majeure.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those generally accepted by French jurisprudence: total or partial strikes, whether internal or external to RARITY PARIS, lock-outs, bad weather, blockage of means of communication for any reason whatsoever, computer or server failures, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other event beyond the control of the parties, preventing the normal execution of the GTC.

In addition, the Customer declares that he/she is aware of the complexity of the global networks, the unequal capacities of the various sub-networks, the influx of users at certain times and the various “bottlenecks” at certain points on the Internet. As current Internet transmission protocols cannot guarantee the correct reception of messages and the integrity of transmitted documents, RARITY PARIS cannot be held responsible for any faulty transmission due to a failure or malfunction of these transmission networks.

ARTICLE 18. LANGUAGE OF THE CONTRACT

The French-language version of the GCS is the only legally valid version and the only one that can be used in legal proceedings.

ARTICLE 19. APPLICABLE LAW AND JURISDICTION

The GCS are governed by French law.

These terms and conditions were updated on September 22, 2023.