Terms and conditions of sale particuler
Updated on 1 October 2021
The website www.themae.com (hereinafter referred to as the "Site"), published by Ryokane, S.A.S. registered with the RCS Paris under number 491 498 416, hereinafter referred to as "RYOKANE", offers cosmetic products and wellness services for sale to non-professionals (hereinafter referred to as a "User").
Object : These General Terms and Conditions of Sale define the terms and conditions of sale between RYOKANE and the User, from the placing of the order to delivery. They apply exclusively to non-trading individuals. They are accessible at all times on the Site and will prevail, if necessary, over any other version or any other contradictory document. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the User's purchase is that in force on the Site on the date the order is placed.
Duration : The present General Terms and Conditions of Sale apply for the duration of the online availability of the products and services offered by RYOKANE.
The products and services governed by these General Terms and Conditions of Sale are those which appear on the Site (hereinafter the "Products and Services"). The main characteristics of the Products and Services are presented on the Site. The user is obliged to familiarise himself/herself with these before placing an order. The choice and purchase of a Product or Service is the sole responsibility of the User. The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of RYOKANE.
The Products and Services are supplied at the prices in force on the Site at the time the order is registered by RYOKANE. Prices are expressed in Euros, exclusive of tax and inclusive of all taxes. These prices do not include a fixed contribution to processing costs (postage, packaging and preparation of the parcel according to the amounts in force). Prices take into account any discounts that may be granted by RYOKANE on the Site. Prices include VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the prices. However, prices cannot be modified once the user's order has been validated. Similarly, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be passed on to the prices shown on the Site. The User will also have to pay a fixed sum corresponding to a contribution to the costs of sending the order (unless he/she benefits from a special offer exempting him/her), the amount of which will be specified on the order form before validation of the order. This contribution depends on the Products ordered. The final price is set inclusive of all taxes and includes the Product with standard accessories, packaging and postage costs. In the event of an erroneous, obviously derisory (low) price being displayed, for whatever reason (computer bug, manual error, technical error, fraudulent use of the voucher system), the User's order, even if it has already been validated by RYOKANE, will be cancelled, of which RYOKANE will inform the User as soon as possible. The User will be reimbursed and, if he so wishes, will have the opportunity to place his order again at the corrected and exact price.
Ordering a Product or Service on the Site takes place in several stages:
1. The User chooses on the Site the Product(s) or Service(s) desired.
2. The User then adds the Product(s) or Service(s) to be ordered to his/her shopping basket.
3. The User places an order by checking the Product(s) or Service(s) selected, the models, the quantities, and the price in Euros including all taxes. The User has the possibility to modify his/her basket before the final validation, this last step formalising the sales contract between RYOKANE and the User.
4. The User may then place an order either via a customer account or in "guest" mode without creating a customer account. A customer account is created by entering an e-mail address as an identifier and choosing a secure password. Access to the account is gained by entering these two elements together. If the User loses his/her login or password, he/she must enter his/her e-mail address and reset the password. The User will receive a link in their personal email allowing them to change their password. When registering, the User accepts the general terms and conditions of sale and the confidentiality policy by ticking the appropriate box. Acceptance is reiterated when each order is placed, when the basket is validated, and before payment. In the case of a "guest" mode order without creating a customer account, acceptance of the General Terms and Conditions of Sale takes place when each order is placed, when the basket is validated, and before payment.
5. The User fills in the details of the delivery address and the billing address if different.
6. The User pays for their order using one of the payment methods available.
7. Upon validation of the order, RYOKANE will send to the User's e-mail address a summary of the order. Once confirmed and accepted by RYOKANE, as described above, the order cannot be modified.
For all questions concerning after-sales contact (order tracking, return of goods, etc.), the User may contact RYOKANE's customer service department:
- By telephone: +33 1 75 77 59 62 (toll-free) Monday to Friday, 9.30am to 5pm.
- By sending a message from the "Need help? /Contact" area of the Site
The price is payable in full the day of the users place the order. The user has a choice of several means of payment when ordering online :
- Credit card : Creditr card, E-credit card, Visa, Visa Electron, Mastercard etc...
Online payment is made in a secure environment via a payment service provider.
- Paypal : the user's Paypal account is debited directly when the order is placed.
In the event of Products being permanently sold out, a refund will be made directly to the User's account.
Orders are processed the day after they are placed and dispatched every day from Monday to Friday. For delivery in mainland France, shipping costs are 5 euros (incl. VAT) if the order does not exceed 65 euros (incl. VAT). They are free for orders over this amount. For other destinations, shipping costs are as follows:
- DROM-COM: 9.50 euros incl. VAT.
- European Union and Switzerland: 12.50 euros incl. VAT
- Armenia, Albania, Algeria, Azerbaijan, Belarus, Bosnia-Herzegovina, Georgia, Iceland, Macedonia, Moldavia, Montenegro, Morocco, Serbia, Tunisia, Turkey, Ukraine: 17 euros incl. VAT.
- Rest of the world: 25 euros incl. VAT
Please note that the French overseas departments and territories are customs territories separate from mainland France. The same applies to countries outside the European Union. The User who organises a delivery to these territories takes the risk of being liable for customs duties and taxes, the amount of which cannot be calculated in advance. An order can only be sent to one postal address.
When the parcel leaves our warehouse, the User receives a dispatch confirmation e-mail specifying the order number and the tracking number of your parcel with the carrier (if the carrier offers this service).
The User can download their invoice from the "My Account" area on our site.
RYOKANE is not responsible for any missing or erroneous information in the address provided by the User. All risk of loss or damage to the goods is transferred to the User at the time the User, or a third party other than the carrier offered by RYOKANE and designated by the User, takes physical possession of the goods. It is the User's responsibility to check upon receipt the quantity, quality, weight and dimensions of the goods delivered and, in the event of damage, to exercise any recourse against the carrier.
The User has a right of withdrawal of fourteen (14) calendar days from the date of receipt or collection of the parcel. Where the User's right of withdrawal expires on a weekend, public holiday or day off, it shall be extended until the next working day. To exercise the right of withdrawal, the User must first notify RYOKANE's customer service department of his/her decision to withdraw from this contract by means of an unambiguous statement which must clearly specify the Product(s) concerned by the request for withdrawal. To exercise the right of withdrawal, the User must notify his decision to withdraw by means of an unambiguous statement including his name, address, date and order number:
- By post: RYOKANE - Customer Service - 20-22 rue Croix des Petits Champs, 75001 Paris (France)
- By sending a message from the "Need help? /Contact" area of the Site
The User must return the Product(s) to RYOKANE at the above address no later than fourteen (14) days after informing RYOKANE of his/her decision to withdraw.When exercising the right of withdrawal, the User is responsible for return shipping costs. Returns are to be made in their original condition and complete so that they can be remarketed as new.
RYOKANE will reimburse the User for all payments received, including delivery charges, no later than fourteen (14) days from the day RYOKANE is informed of the User's request for withdrawal. RYOKANE will defer the refund until receipt of the Product(s) in their original packaging. The User's refund will be made by the same method of payment used to pay for the returned order.
The User who wishes to proceed with a return, excluding the right of retraction, must first contact RYOKANE's customer service:
- By telephone: +33 1 75 77 59 62 (not surcharged) from Monday to Friday from 9:30 am to 5:00 pm.
- By sending a message from the Need help? /Contact area of the Site.
In the event of the return of a Product that is duly noted to be defective upon receipt or of an error in the shipment of the Product, the return costs will be borne by RYOKANE, upon its express agreement.
The Products sold via the Site comply with the regulations in force in France and are covered by the legal guarantee.
1/ conformity, for Products that appear to be defective, damaged or do not correspond to the order (article L. 217-4 et seq. of the French Consumer Code)
2/ against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use (articles 1641 et seq. of the French Civil Code).
Personal data concerning the User is collected and processed by RYOKANE. This data is necessary to process the User's order. RYOKANE also uses this information for statistical studies to improve the choice of Products and Services and to propose the most relevant offers to the User. RYOKANE is committed to ensuring the security of the data stored. RYOKANE makes every effort to ensure the confidentiality and security of data transmitted over the web. As such, the Site uses a secure method of payment type SSL (Secure Socket Layer).
Cookies : When consulting the Site, information relating to the User's browsing may be recorded in files of the "tracer" and "cookie" type installed on the User's terminal (computer, tablet, smartphone, etc.). In order to provide the best possible service to its customers, RYOKANE issues cookies in order to 1/ establish traffic statistics (number of visits, pages viewed, abandonment in the order process... ), 2/ to monitor and improve the quality of its services, to adapt the presentation of the Site to the display preferences of the User's terminal, 3/ to memorise information entered in forms, to manage and secure access to reserved and personal areas such as the User's account, to manage the User's shopping basket, 4/ to provide the User with content related to his/her interests and to personalise the offers that RYOKANE sends him/her, 5/ to facilitate the User's navigation and the placing of orders on the Site.
In accordance with the provisions of EU Regulation 2016/679 of 27 April 2016 known as "RGPD", the User has the right to exercise the following rights: 1/ A right of access to personal data concerning him, 2/ A right of rectification, 3/ A right of opposition and deletion to the processing of his data, 4/ A right of opposition to profiling, 5/ A right to limitation of processing, 6/ A right to portability of his data.
These rights may be exercised with RYOKANE, which collected the personal data, by contacting RYOKANE customer service:
- By mail: RYOKANE - Customer Service - 20-22 rue Croix des Petits Champs, 75001 Paris (France)
- By sending a message from the "Need help? /Contact" area of the Site
RYOKANE retains all intellectual property rights relating to the Products and Services, photographs and technical documentation which may not be communicated or performed without RYOKANE's written permission. All elements of the Site, of whatever nature, including the underlying technology, are protected by copyright, trademarks or patents. Accordingly, none of the documents originating from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except for strictly personal and non-commercial use and provided that the copyrights indicated are not modified and that the documents are not truncated or modified. The trademarks, logos, drawings and models appearing on the Site are the exclusive property of RYOKANE. Their disclosure should not be construed as granting any license or right to use any such trademarks or copyrighted materials. Any failure to comply with the tolerances granted by RYOKANE or any infringement of RYOKANE's rights constitutes an infringement of RYOKANE's intellectual property rights which may be qualified as counterfeiting. RYOKANE shall not be liable for any infringement of copyright, patent, license, trademark or similar rights by the User or any person substituted by the User. In the event that RYOKANE is held liable for any such infringement, RYOKANE reserves the right to hold the User liable and to seek payment from the User for any and all losses, penalties or damages.
The computerized registers, kept in the computer systems of RYOKANE and its partners in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Contracts concluded on the Site are archived for a period of 10 years. Data relating to bank transactions are archived for 45 days after the order date. Registered Users can retrieve and download invoices for their various orders at any time in the "My Account" area.
These General Terms and Conditions of Sale are governed by French law. The competent court in the event of a dispute will be that of the User's place of residence. The Site complies with French legislation, and RYOKANE does not guarantee compliance with applicable local legislation, in the case of access from a country other than France. In the event of any failure to comply with any of the foregoing conditions, such failure shall be deemed to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
In accordance with Article L.612-1 of the French Consumer Code, the User may have free recourse to the service of the Centre de la Médiation de la Consommation de Conciliateurs de Justice, by e-mail: https://www.cm2c.net/, or by post: CM2C -14 rue saint Jean- 75017 Paris.
The User acknowledges having been informed, prior to placing his/her order, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the French Consumer Code and in particular the following information:
1/ the essential characteristics of the Products and Services,
2/ the price of the Products and Services,
3/ information relating to the identity of RYOKANE, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
4/ information relating to the legal and contractual guarantees and their implementation procedures,
5/ the possibility of resorting to conventional mediation in the event of a dispute.
The fact that a person places an order on the Site implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products and Services ordered, which is expressly recognised by the User, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against RYOKANE.