General Conditions of Sale RARITY PARIS

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to any user registering on this Platform and who is required to expressly accept them to do so.

It is therefore imperative that every Client becomes acquainted with the GTC as they define the rules for using the Platform. Registering on the Platform as a Client implies full acceptance of the GTC.

When the Client initiates registration and then validates an order with RARITY PARIS on the Platform and checks the box “I accept the general terms of sale,” they acknowledge having previously read the GTC and accept them without restriction.

The legally required information from website publishers and platforms is accessible on the “Legal Notice” page.

ARTICLE 01. CONTRACTING PARTIES

The GTC constitute a contract that binds:

• Clients holding an Account on the Platform,

On the one hand,

And

• The company RARITY, a simplified joint-stock company with a capital of 1,000.00 euros, registered with the Paris Trade and Companies Register under number 979 916 996, whose registered office is 102 Rue du Faubourg Saint Honoré – 75008 Paris, represented by its duly authorized President, hereinafter referred to by its trade name “RARITY PARIS,”

On the other hand,

ARTICLE 02. DEFINITIONS

In the GTC, words or expressions starting with a capital letter have the following meanings:

• Client: any natural person who registers on the Platform in order, notably, to access information about items, purchase items, and benefit from various other services offered by RARITY PARIS, on their Account.
• Account: the space on the Platform accessible only to the Client who owns it, using their Username and password.
• Username: the email address allowing a Client to access their Account on the Platform by entering their password.
• Product Sheet: a descriptive sheet of the product offered for sale on the RARITY PARIS Platform. This sheet is entirely drafted by us.
• Items: refers to the products listed and offered for sale on the RARITY PARIS Platform.
• Service(s): any type of service offered on the Platform by RARITY PARIS to Clients, including, notably, the ability to make online purchases of items and access information related to their current or previous orders.
• Showroom: the premises of RARITY PARIS located at 102, Rue du Faubourg Saint Honoré – 75008 Paris.
• Platform: this website, notably accessible at the following address: www.rarity-paris.com

ARTICLE 03. PURPOSE

The GTC govern the conditions and terms of the Services, particularly those allowing Clients to make purchases of Items for sale on the Platform and access information related to their current or previous orders.

ARTICLE 04. CONTRACTUAL DOCUMENTS

It is specified that, in the relationship between RARITY PARIS and the Client, the GTC supplemented by the Privacy Policy and the General Terms of Use govern all of their contractual relations and apply to the exclusion of any other agreement. CREATE LINKS TO PAGES

RARITY PARIS advises anyone visiting the Platform to save or print the GTC, without however modifying them.

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

In this case, any order being processed will remain subject to the previous GTC. The modifications will take effect upon their publication on the Platform and will therefore be opposable to any Client upon their acceptance. In case of acceptance, any new order and, more generally, the contractual relationship between the Client and RARITY PARIS will be subject to these modified GTC.

Any Client who does not accept the modified GTC will no longer be able to continue accessing the Platform, and the contract will be terminated by application of the “TERMINATION” article.

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

ARTICLE 05. ACCESS TO SERVICES

The Services are as follows:

• Creation and management of an Account, individual and deletable at any time by the Client,
• Access to this Account allowing the Client to use the functionalities available on the Platform, including, notably, the possibility to place online orders and access information related to current and previous orders.

The services are reserved for Clients only.

ARTICLE 06. ACCOUNT CREATION BY CLIENTS

Any Client wishing to benefit from the Service must first register on the Platform following the instructions provided.

It is strictly prohibited for a Client to register on the Platform under multiple identities or under a false identity.

RARITY PARIS reserves the right to delete access to the spaces of the Platform reserved for presenting the Client’s Username and, consequently, access to the Services resulting from a Client whose Username would be contrary to good morals or would be illegal, without notice or compensation in favor of the Client, and without prejudice to RARITY PARIS’s rights. The same applies in case of sending to RARITY PARIS any message with similar characteristics.

The registration process cannot be completed if any of the required fields are not filled in or if the box “I accept the general terms of sale” is not checked.

RARITY PARIS reserves the right to ask any Client to justify the information provided during the registration process. This information must be complete and accurate on the date of the Client’s registration on the Platform.

In case of modification of this information, the Client undertakes to correct them promptly within their Account.

RARITY PARIS cannot verify the identity of the Clients or the accuracy of the information provided by them.

Therefore, the Client acknowledges that any false information or information that becomes false, communicated by them, may engage their liability towards RARITY PARIS.

The Client acknowledges having the capacity to contract under the conditions described herein, meaning they are at least 18 years old, legally capable of contracting, and not under guardianship or curatorship. The buyer guarantees the truthfulness and accuracy of the information provided by them or any other member of their family.

The Client chooses their Username and password. It is their responsibility to regularly change their password from their Account. It is strongly recommended not to choose a common password, but to alternate between numbers and letters, lowercase and uppercase.

The Client is solely responsible for their Username and password and their use. They expressly undertake to keep their password confidential and not to disclose it under any circumstances to anyone. Consequently, the Client expressly acknowledges that entering any Username and password constitutes proof of their identity and manifests their consent to all operations carried out on the Platform following their identification.

The Client must ensure to maintain their valid email address during the period of their registration on the Platform, under the risk of no longer being able to access it, especially in case of loss of their password.

A Client’s account is strictly personal and therefore cannot be transferred, by any means, to a third party, even free of charge.

RARITY PARIS cannot be held responsible for any prejudice that Clients may suffer due to the use by a third party of their Username and password. In case of loss, diversion, or fraudulent use of all or part of their Username and password, the Client must immediately notify RARITY PARIS. They remain responsible for any use made of their Username and password before having informed RARITY PARIS and before it has been able, within a reasonable period, to modify them. In case a Client broadcasts or uses their Username contrary to its purpose, RARITY PARIS reserves the right to terminate the contract and delete access to the Account as well as the contents accessible from it, without notice or compensation. RARITY PARIS may also take legal action to obtain compensation for any potential damages it may suffer due to such broadcasting or use.

These provisions are expressly considered substantial between the parties.

ARTICLE 07. DESCRIPTION OF SERVICES

The Client, as well as internet users, can browse through the Items presented by RARITY PARIS on the Platform.

Furthermore, the Client can:

• Place one or more orders for Items,
• Track the status of their current orders,
• Access their invoices.

To place an order for Items, the Client must:

• Follow the instructions on the Platform, including, in particular, the instructions necessary to log into the Account and, if applicable, to open an Account,
• Select the Item(s) of their choice, specifying that the selection of Items chosen by the Client may no longer be available depending on the time taken to validate the order. The Client must then restart their selection of Items from the beginning,
• Verify the elements of the order and, if necessary, modify the selection of Items and/or correct the delivery and/or billing information,
• Validate the order,
• Choose a method of payment,
• Follow the instructions of the online payment service to securely settle the amount of the order.

In the event that the total price of the order exceeds five hundred (500) euros including tax, the validation of the order will be subject, without prejudice to the following paragraph, to material verifications by RARITY PARIS with the Client. If the Client fails to satisfy them, the order cannot be validated.

Once the payment authorization is validated, the Client receives a payment acceptance confirmation and an order confirmation.

ARTICLE 08. CHARACTERISTICS OF ITEMS FOR SALE

The Items for sale on the Platform are second-hand Items, so the available stock may be limited to a few copies or even a single copy. Furthermore, it is possible for an Item to be offered for sale both on the Platform and in the Showroom. Therefore, the availability of an Item may vary depending on the time required to update the Platform. The Platform is updated approximately every 3 hours.

Consequently, the Client will be immediately informed by RARITY PARIS, by email, of the unavailability of the selected Item when placing an order.

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

RARITY PARIS endeavors to describe and present as accurately as possible, on the Product Sheets of Items offered for sale, the essential characteristics of these.

In this regard, the condition of the Item for sale is defined according to the following categories:

• “New condition”: the Item appears new and is without defects.
• “Excellent condition”: the Item has been very lightly used and remains defect-free.
• “Very good condition”: the Item has been lightly used and remains in very good condition. It may present some apparent defects.
• “Good condition”: the Item shows signs of normal wear and tear.
• “Fair condition”: the Item has been frequently used and shows marked signs of wear.

The Client therefore acknowledges by these present conditions to have acquired the Item in the condition described in the Product Sheet concerning it.

The Item offered for sale is accompanied by one or more photographs of it.

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

In no event shall the liability of RARITY be engaged for these facts.

If necessary, the Client can contact the commercial department at the coordinates listed in the “Commercial Service” article.

ARTICLE 09. PRICES OF ITEMS FOR SALE

The price of the Items is indicated on the platform, in euros, all taxes included and excluding delivery costs. Furthermore, prices are understood, if applicable, excluding customs duties and any applicable taxes which will be the exclusive responsibility of the Client.

At the time of order validation, the price to be paid is understood to be all taxes included.

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

The payment itself will only be considered final after effective receipt of the funds by the company RARITY.

All prices are subject to obvious typographical errors.

The validity period of offers for Items for sale is determined by the site’s update.

ARTICLE 10. PAYMENT TERMS

The acquisition of Items listed on the RARITY PARIS Platform is made against payment by the Client of the price displayed on the Platform.

The payment of the price by the Client is made by one of the following payment methods:

• 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 Client’s credit card data, upon receipt of the debit authorization from the issuing bank of said credit card.

In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his credit card, the Client authorizes RARITY PARIS to debit his credit card for the amount corresponding to the price.

To this end, the Client must confirm, during the payment process, that he is the rightful holder of the credit card to be debited and that the name appearing on it is indeed his own.

In the event that debiting the price is impossible, the online sale would be immediately resolved by operation of law.

In the case of payment by bank transfer: the order will be recorded and validated upon crediting the RARITY company’s online account with the amount of the order. In this case, the Client will receive an email confirmation of payment authorization.

The order confirmation accompanied by the order form will be sent to the email address provided by the Client on the order pages.

ARTICLE 11. DELIVERY OF ITEMS FOR SALE

11.01 DELIVERY METHODS AND COST

Delivery is available worldwide (excluding North Korea).

The Client is informed that delivery charges are at his expense (excluding exceptional promotional operations).

In this regard, when ordering, the Client chooses one of the delivery methods offered on the Site.

The available delivery methods are as follows:

• By courier only for deliveries in Paris and Petite Couronne,
• By DHL Express in 24 to 48 hours, delivery in Europe and worldwide,
• At the Showroom through the “Click and Collect” service.

The amount of shipping costs, any customs fees, and any other potential taxes depend in particular on the delivery method chosen by the Client as well as the destination country.

Shipping and handling fees include packaging, handling, and postage. We advise you to group your purchases into a single order.

Shipping costs vary depending on the weight, size, and shipping country.

Your package is shipped at your own risk, with particular care taken for packages containing fragile Items.

Packages are oversized and protected.

• No shipping fees are applied to the “Click and Collect” service at the Showroom.

11.02 DELIVERY TIMES

The delivery times are as follows:

• Eight (8) working days from order validation, for delivery in mainland France (excluding Corsica),
• Fifteen (15) working days from order validation, for delivery abroad or in Overseas France and Corsica.

These deadlines are provided for information purposes only, and any possible overrun cannot give rise to any damages, interest, withholding, or cancellation of the order by the client.

Delivery is deemed to have been made upon delivery of the Items ordered by RARITY PARIS to the carrier.

Regarding the “Click and Collect” service, the ordered Items are available at the Showroom within forty-eight (48) hours from order validation. They can be picked up by the Client, after agreeing on an appointment, upon presentation of the confirmation email and an identity document. The appointment must be made by email at the following address: contact@rarity-paris.com

Delivery times are in working days and correspond to the average preparation and delivery times.

The Client will receive an email informing them of the shipment of their order.

In case of delivery delay, the order is not canceled. RARITY PARIS will inform the Client by email.

The Client can track the progress of their order processing on their Account.

11.03 VERIFICATION OF THE ORDER UPON RECEIPT

The Client is required to check the condition of the packaging as well as the Items purchased upon receipt.

It is the Client’s responsibility to make any necessary reservations and complaints, or even to refuse the package, when it is obviously damaged upon delivery. Said reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within three (3) working days following delivery.

The Client must forward a copy of the letter addressed to the carrier to RARITY PARIS.

ARTICLE 12. RIGHT OF WITHDRAWAL

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

The Client who wishes to exercise their right of withdrawal must return the Items concerned within the aforementioned period to the Showroom address (102 Rue du Faubourg Saint Honoré – 75008 Paris).

The Client must return the unused and complete Items in their original packaging with all accessories and documents, labels, and seals duly attached, in packaging identical or similar to that of the shipment, within a maximum period of fourteen (14) days from the date of sending the withdrawal.

The Client is duly informed that the Items are all protected by means of an “inviolability seal” which should only be broken by the Client if they are certain to use the purchased Item.

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

Any purchase of Items at the showroom cannot be refunded, returned, or exchanged.

ARTICLE 13. WARRANTY

RARITY PARIS is subject to the legal warranty conditions provided for in Articles L.217-7 of the Consumer Code (non-conformity) and 1641 of the Civil Code (hidden defects).

ARTICLE 14. CUSTOMER SERVICE

For any information, complaint, question, or advice, the Internet user or the Client can contact the Customer Service of RARITY PARIS at the following coordinates:

• Address: RARITY PARIS – 102 Rue du Faubourg Saint Honoré – 75008 Paris
• Email: contact@rarity-paris.com
• Phone: +33 6 25 04 49 52

Within one year following the request to the customer service, the Client may have their request examined by a mediator. ACCORDING TO ARTICLE L.612-1 OF THE CONSUMER CODE, THE CONSUMER HAS THE RIGHT TO RESORT FREE OF CHARGE TO A CONSUMER MEDIATOR FOR THE AMICABLE RESOLUTION OF THE DISPUTE. FOR THIS PURPOSE, THE PROFESSIONAL GUARANTEES THE CONSUMER EFFECTIVE ACCESS TO A CONSUMER MEDIATION DEVICE. TO THIS END, THE PROFESSIONAL MUST COMMUNICATE THE CONTACT DETAILS OF THE COMPETENT MEDIATOR TO WHICH IT RELATES (ART. L.616-1 OF THE CONSUMER CODE).

ARTICLE 15. TERMINATION OF THE GTC

15.01 TERMINATION

The GTC constitute a contract concluded between RARITY PARIS and the Client taking effect on the date of the Client’s registration.

Since this contract is of indefinite duration, each party may therefore terminate it, and consequently terminate the Client’s registration on the Platform, without cause or compensation for the other party, subject to fifteen (15) days’ notice when termination is initiated by RARITY PARIS and immediately when termination is initiated by the Client. In the latter case, the Client simply needs to click on the “Delete my account” link and confirm the operation.

However, as long as a sale is being executed, the GTC will remain in effect; the Client will no longer be able to purchase a product.

15.02 TERMINATION DUE TO NON-USE OF THE ACCOUNT

In particular, RARITY PARIS may terminate a Client’s registration on the site if the Client has not logged into their Account for a period exceeding two (2) years. The former Client may, however, re-register.

15.03 TERMINATION DUE TO FAULT

In the event of non-performance by one of the parties of one of its substantial obligations, the termination of this contract may be notified to it by the other party, fifteen (15) days after a formal notice to remedy the situation, remaining ineffective, without prejudice to damages and interests that may be due.

RARITY PARIS may also, at its discretion, send a notification reminding the Client of their obligations.

It is specified that RARITY PARIS reserves the right to terminate any contract binding it to a Client who has provided false information during registration on the Site or who does not comply with its contractual obligations or the laws and regulations in force. In case of urgency, the termination of the GTC may be effective immediately, i.e., without any notice or compensation to the benefit of the Client.

15.04 NOTIFICATION METHODS OF TERMINATION

In the event of termination initiated by the Client, the Client must click on the “Delete my Account” link and confirm their intention to delete.

In the event of termination or suspension of access rights to the areas of the Platform reserved for the presentation of the Client’s Identifier initiated by RARITY PARIS, notification of the contractual breaches reproached as well as the possible termination of the GTC is notified to the Client by email, to the address provided by the Client.

15.05 CONSEQUENCES OF TERMINATION

Access to the Client’s Account is then deleted by RARITY PARIS as soon as possible.

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ARTICLE 16. LIABILITY

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

RARITY PARIS cannot be held responsible for any damage that may occur to an Internet user’s or a client’s computer system and/or the loss of data resulting from the use of the site by an Internet user or a client.

RARITY PARIS cannot be held responsible for matters other than those related to the editing of the platform and the messages exchanged in the context of the services.

RARITY PARIS does not guarantee in any way the availability or performance of the platform.

RARITY PARIS’s liability can only be sought for direct and foreseeable damages, exclusively caused by a breach by RARITY PARIS of its obligations.

In the event that RARITY PARIS’s liability is sought due to a breach by a client of the obligations incumbent upon him under the contract binding him to RARITY PARIS or under the laws in force, the client guarantees RARITY PARIS against any judgments pronounced against RARITY PARIS or amicable compensation. This guarantee covers both any damages that may be paid and the attorney’s fees and court costs that would be borne by RARITY PARIS.

ARTICLE 17. FORCE MAJEURE

RARITY PARIS shall not be held liable for any default, delay, or failure to perform its obligations under the T&C, where such default, delay, or failure is due to force majeure.

Expressly included as force majeure events or fortuitous events, in addition to those usually retained by French jurisprudence, are: total or partial strikes, internal or external to RARITY PARIS, lockouts, weather events, communication network blockages for any reason whatsoever, computer or server breakdowns, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet, and any other events beyond the parties’ control preventing the normal performance of the T&C.

Furthermore, the client acknowledges the complexity of global networks, the inequality of capacities of different sub-networks, the influx of users at certain times, and the various “bottlenecks” at certain locations on the Internet. Current Internet transmission protocols do not guarantee the reliable and continuous receipt of messages and the integrity of transmitted documents. Therefore, RARITY PARIS cannot be held responsible for any transmission failure due to a failure or malfunction of these transmission networks.

ARTICLE 18. LANGUAGE OF THE CONTRACT

The French version of the T&C is the only legally valid version and may be produced in court.

ARTICLE 19. APPLICABLE LAW AND JURISDICTION

The T&C are subject to French law.

These T&C were last updated on September 22, 2023.

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