General Terms and Conditions of Sale

PREAMBLE
The following General Terms and Conditions of Sale (the "GTCS") apply to any reservation and/or purchase made by a Customer (as defined below) on the website accessible at the address: www.ritzparis.com (the “Website") or directly at the Hotel Ritz Paris, located at 15 place Vendôme, 75001 Paris, France.

The Website is published by The Ritz Hotel, Limited, a company incorporated under the laws of England & Wales, registered at Companies House under number 00048125, with its registered office at Third Floor, 20 Old Bailey, London (London) EC4M 7AN, United Kingdom and its principal place of business (the ”Ritz Paris Hotel") at 15 place Vendôme 75001 Paris, France, registered at the Paris Trade and Companies Register under number 572 219 913 (the "Ritz Paris").

THEREFORE, IT HAS BEEN AGREED AS FOLLOWS:



ARTICLE 1 – DEFINITIONS

The Terms used in the body of the GTCS, including its preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below.

Accommodation Service: refers to the provision of accommodation (stay) at the Ritz Paris, for the duration and on the dates selected by the Customer and under the conditions set out herein and/or on the Website.

Ancillary Services: refers to additional products and/or services offered to the Customer when booking an Accommodation Service (such as, for example, a bottle of champagne, a bouquet of flowers, etc.).

Confirmation Email: refers to the confirmation email sent by Ritz Paris to the Customer at the email address provided by the Customer at the time of reservation and/or purchase, containing a summary of the Contract and specifying in particular the conditions of the reservation (Services reserved, Special Terms and Conditions of the Reserved Price, prices and any taxes, prices of Ancillary Services, check-in/check-out times, rules applicable to the stay in Ritz Paris, reservation dates, guarantee) and/or the details of the order placed.

Contract: refers to the GTCS as well as the Special Terms and Conditions of the Reserved Price or the Cancellation Policy, where applicable, as summarised in the Confirmation Email.

Cancellation Policy: refers to the special conditions applicable to the changes and/or cancellation of a Spa, Restaurant or Accommodation Service.

Customer: refers to the natural person of legal age, having full legal capacity to enter into contracts under the GTCS, and acting for his/her own needs, excluding any intermediation, resale, distribution or similar activity of all or part of the Services and/or Gift Cards.

Parties: collectively refers to the Ritz Paris and the Customer.

Privacy Policy: refers to the personal data protection policy.

Ritz Group: refers to any company owned, controlled, controlling or placed under the same control, within the meaning of Article L. 233-3 of the French Commercial Code, as RH Paris 1 S.à r.l., a company incorporated under the laws of the Grand Duchy of Luxembourg with its registered office at 42, rue de la Vallée L-2661 Luxembourg, registered with the Luxembourg Companies Register under number B136.967.

Ritz Trademarks: refers to the "Ritz " and/or "Ritz Paris ", as well as "Ritz Escoffier", denominative or semi-figurative trademarks as well as all other distinctive or graphic signs, registered or not registered and used by the Ritz Paris.

Special Terms and Conditions of the Reserved Price: refers to the special terms and conditions of reservation, cancellation, no-show, minimum number of people, guarantee for each Accommodation Service, which vary in particular according to the period of the season, which are available on the Website or communicated within the Hotel Ritz Paris at the time of reservation and which are summarised in the Confirmation Email, where applicable.

RESA: refers to Ritz Enterprise SA, a public limited company under Swiss law, with its registered office at Rue du Rhône 42, 1204 Geneva, Switzerland, registered in the Companies Register of the Canton of Geneva under number CHE-100.374.228, a sister company of Ritz Paris and the exclusive owner of the Ritz Trademarks.

Restaurant Service: refers to the catering service (food and beverage) offered in the Ritz Paris’s restaurant points of sale (Bar Vendôme, Salon Proust, Espadon, Ritz Bar, Bar Hemingway, etc.).

Service(s): refers to the Accommodation Services, Spa Services, Restaurant Services and other Ancillary Services offered to Customers by the Ritz Paris on the Website.

Spa Service: refers to any of the services available at the Ritz Club & Spa, including the spa treatment, coaching and hair services offered at the Ritz Paris.

ARTICLE 2 – PURPOSE

The Contract governs the contractual relationship between the Customer and the Ritz Paris with which the Customer makes a reservation and/or a purchase. The GTCS are made available to the Customer on the Website, where they can be referred to directly at any time. The Customer has the option of storing and printing the GTCS using the standard functions of their browser and/or computer. The GTCS are also communicated by Ritz Paris to the Customer at the time of reservation or purchase.

The GTCS shall prevail over any other document with regard to their purpose, except for the Special Terms and Conditions of the Reserved Tariff or the Cancellation Policy, which shall prevail over the GTCS in the event of conflict.

The Contract provides all the obligations of the Parties. No general or special condition communicated by the Customer may be incorporated into or added to the Contract.

Prior to any reservation of a Service, the Customer is duly informed of the GTCS and declares (i) that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, artisanal, independent or agricultural activity and (ii) that he/she has full legal capacity to enter into a contract under these GTCS. Any reservation implies that the Customer accepts these GTCS in full and without reservation.

As a consumer, the Customer has specific rights, which would be called into question, if the Services reserved were to be used in the context of his or her commercial, industrial, artisanal, independent or agricultural activity.

ARTICLE 3 – RESERVATION

3.1. Reservation process and agreement of the Contract

The reservation of a Service may be made, as the case may be, via the Website, by telephone, by email, at the Ritz Paris Hotel or via a third party (i.e. travel agent, company, organisation, etc.).

Any reservation and/or purchase implies the receipt, the acknowledgment, the viewing and the full and unreserved acceptance of the GTCS, by the Customer.

In the event of a reservation and/or purchase on the Website, the Ritz Paris requests the Customer to read carefully the GTCS and the Special Terms and Conditions of the Reserved Price and/or the Cancellation Policy, as the case may be, and to tick the corresponding box before each reservation and/or purchase.

In the event of a reservation and/or purchase by email, by telephone, at the Ritz Paris Hotel or through a travel agent, the GTCS and the Special Terms and Conditions of the Reserved Price and/or the Cancellation Policy, as the case may be, are sent to the Customer by email to the email address indicated by the Customer prior to any reservation and/or purchase.

The Customer acknowledges that he/she is aware of the nature, purpose and reservation terms of the Services and/or Gift Cards and that he/she has requested and obtained the necessary and/or additional information in order to make his/her reservation and/or purchase with full knowledge of the facts. Additional checks may be carried out directly with Ritz Paris, if necessary, via the "Contact " tab available on the Website.

It is specified, for all practical purposes, that the Customer is solely responsible for his/her choice of Services and their suitability for his/her needs, such that the Ritz Paris cannot be held liable in this regard.

It is expressly agreed between the Parties that any reservation of a Service is made by name and may under no circumstances be transferred in whole or in part to a third party, whether free of charge, against payment or on a commercial basis.

The Customer may make a reservation at the Hotel Ritz Paris, on the Website, by telephone or by email, on an individual basis, and for his/her personal needs of up to nine (9) rooms or thirty (30) nights or one hundred thousand (100,000) euros per stay.

For reservations exceeding the above limits, as well as for business groups, meetings, seminars, etc., please contact: [email protected].

At the time of reservation, the Customer is informed about the maximum occupancy capacity of the category of room or suite booked and may under no circumstances exceed this capacity. Should he/she exceed the capacity, the Customer will have to book an additional room.


3.2. Confirmation of reservation and/or purchase

Once the Customer has made a reservation for a Service under the conditions set out in Article 3.1, the Customer will receive a Confirmation Email at the email address they have provided.

In the case of a reservation for a Service, the reservation will only be considered fully completed once the Customer has paid for the reservation in accordance with the conditions set out in Article 6 of the GTCS, except in the case of a reservation guarantee as set out in Article 6.2.1 (i): in the latter case, the reservation will be considered fully completed once the Customer has received the Confirmation Email.


3.3. Guarantee

The Ritz Paris will request an imprint of the Customer's credit card at the time of booking as a guarantee, via the secure link provided by the Ritz Paris to the email address indicated by the Customer. A pre-authorisation will be made for the full value of the Services booked. 


3.4. Right of withdrawal

No right of withdrawal for Services: It should be noted that, in accordance with Article L. 221-28 12° of the French Consumer Code, the Customer does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code for the Services described herein.


3.5. Cancellation or changes by the Customer

The Services reserved are exclusively subject to the cancellation terms and/or changes to the conditions set out in the Special Terms and Conditions of the Reserved Price and the Cancellation Policy for the Services and are summarised in the Confirmation Email. Customers are advised to take out travel insurance that meets their needs.

Depending on the Terms and Conditions of the Reserved Tariff or the Cancellation Policy, the Ritz Paris will be entitled to charge a cancellation fee and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amounts paid in advance, where applicable, or which will be deducted from the amount held as guarantee (if the reservation has not been paid for in advance) and which, in addition, will be invoiced to the Customer. The Ritz Paris also reserves the right to put the Service concerned back on sale.

Deposits (sums paid in advance) will not be reimbursed after the deadline of the Cancellation Policy and/or the changes to the reservation, as provided to the Customer in the Special Terms and Conditions of the Reserved Price or the Cancellation Policy at the time of reservation and/or confirmation of the reservation.


3.6. Cancellation by the Ritz Paris

If the Ritz Paris refuses to perform the Contract, the Customer-consumer is entitled to receive compensation equal to (i) the amount of the deposit paid by the Customer or (ii) double the deposit paid by the Customer.


3.7.  Accommodation Service: Interruption of the stay

In any event, in the event of the stay being interrupted by the Customer for any reason whatsoever, including in the event of a behaviour contrary to the rules of good conduct as provided under Article 4.6, the Customer will be obliged to pay the Ritz Paris the full price set out in the Confirmation Email, and no refund of any kind whatsoever will be granted as a result. 

In the event of advance payment, the said amount will be deducted from the amounts paid in advance. If the reservation has not been paid for in advance, the Ritz Paris will deduct the amount due from the sums withheld as a guarantee.


3.8. No-show

Depending on the Special Conditions of the Reserved Tariff or the Cancellation Policy, The Ritz Paris will be entitled to charge a cancellation fee and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amounts paid in advance, where applicable, or which will be deducted from the amount held as guarantee (if the reservation has not been paid for in advance). The Ritz Paris also reserves the right to put the Service concerned back on sale.


3.9. Booking irregularities

Any reservation or payment that is irregular, inoperative, incomplete, or fraudulent for any reason imputed to the Customer, will result in the cancellation of the reservation, without prejudice to any civil or criminal action against the Customer.

Depending on the Terms and Conditions of the Reserved Tariff or the Cancellation Policy, the Ritz Paris will be entitled to charge a cancellation fee and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amounts paid in advance, where applicable, or which will be deducted from the amount held as guarantee (if the reservation has not been paid for in advance). The Ritz Paris also reserves the right to put the Service concerned back on sale.


3.10. Complaints – Information

Complaints relating to a purchase and/or the non-performance or poor performance of the Services must, in order to facilitate their processing, be brought to the attention of the Ritz Paris in writing to the contact details indicated in the "Contact " tab on the Site.

ARTICLE 4 - TERMS OF STAY AT THE RITZ PARIS AND OTHER CONDITIONS APPLICABLE TO THE SERVICES

4.1. Customer form

In accordance with Article R. 611-42 of the French Code for the entry and residence of foreign nationals and the right of asylum, the Customer authorises the Ritz Paris to pre-fill the individual police form known as the "Customer Form" (Fiche Police) with the information obtained at the time of booking. The Customer shall check the accuracy of the pre-filled information and sign the said form upon his/her check-in.


4.2. Pets

At the discretion of the Ritz Paris, certain animals are welcome under certain conditions and subject to the Ritz Paris’s prior written approval.

For instance, dogs weighing less than six (6) kgs may be accepted, limited to one (1) per room per night and subject to the Ritz Paris’s prior written approval. A fee of fifty (50) euros per night will be charged.

First and second category dogs (in accordance with French legislation) are not allowed on the premises. 

For hygiene reasons, unless otherwise indicated by the Ritz Paris, dogs are not allowed in the restaurant points of sale areas as specified by the Ritz Paris, as well as in the Ritz Club & Spa. The list of these areas may be subject to change at any time.

In any case and unless otherwise stipulated, pets must be kept on a lead in the common areas of the Ritz Paris.

Pets may not be left alone in the room or unattended when their owner is away from the Ritz Paris. It is also necessary to ensure that they do not damage the room or its furnishings, and respect, at all times, the peace and quiet of the establishment. 

The owner of the animal will be held directly liable in the event of damage or inconvenience caused by the animal affecting the Ritz Paris, third parties, employees or other Customers of the Ritz Paris. The cost of any damage caused during the stay may be invoiced to the Customer. 

The rules relating to the tranquillity and safety of Customers are subject to the Ritz Paris’s discretionary power.


4.3. Ritz Club & Spa

The conditions of access to the swimming pool and in particular the internal rules of the Ritz Club & Spa are displayed within the Ritz Club & Spa.

A parent or responsible adult must be present to supervise the children's swimming.


4.4. Children

Children must be supervised by their parents or a responsible adult. The Customer also undertakes to ensure that the children under his/her responsibility respect the peace and quiet of the establishment, at all times.

Subject to availability, the Ritz Paris will provide the Customer (parent or responsible adult) with a connecting room for their children under the age of 14, at the Customer's request, when booking their room and according to the financial terms and conditions communicated to the Customer. In any event, the Customer is informed that children under the age of 14 may not be left unattended in a non-connecting room.


4.5. Vallet service and parking

Depending on the circumstances, Ritz Paris may offer valet parking services or authorise the Customer to park his/her vehicle in the car park of the Hotel Ritz Paris. By entrusting his vehicle, the Customer :

• authorises the staff of Ritz Paris to drive the vehicle and to move it, if necessary; 
• declares that he/she is in possession of up-to-date insurance and roadworthiness tests, as required by law; 
• confirms that the quantity of petrol in the vehicle is sufficient and, for electric vehicles, confirms that he/she has left the appropriate recharging cable and adapter in the vehicle, if applicable; 
• confirms that he/she has emptied the vehicle of all personal belongings and/or valuables not required for parking the vehicle and has deactivated and/or removed the electronic toll collection and/or parking badge.

4.6. Laundry service

Ritz Paris may, depending on the case, offer its Customers a laundry service for their clothes. A delivery slip is made available to Customers in their room and specifies the price of the services, the conditions for carrying out the services, the quality of the services offered and the conditions for compensating the Customer in the event of loss or deterioration of the items by way of fixed and definitive compensation.

Laundry services are carried out either by Ritz Paris or by an external service provider to whom the linen is entrusted.

You are reminded that Ritz Paris may, at its discretion, refuse an item or make any reservation concerning the cleaning of the said item. Ritz Paris declines all responsibility in the event of alteration of colours or shrinkage. In order to avoid any inconvenience, Ritz Paris does not guarantee articles containing heat-bonded materials or buttons and trimmings that may react to the products used.


4.7. WiFi and network access

WiFi use is free of charge for Customers.

Illegal downloading is strictly prohibited and is the Customer's responsibility. The Customer is obliged to comply with the Ritz Paris’s security policy, including the rules for the use of the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these measures.

The Customer undertakes to ensure that the computer resources made available to him/her by the Ritz Paris are not used in any way for the purposes of reproduction, representation, provision or communication to the public of works or any objects protected by an intellectual property right or by a related right without the prior authorisation of the holders of the rights to any content protected under the provisions of the Intellectual Property Code. The Customer will, at his/her own expense, indemnify the Ritz Paris against any action and/or claim by a third-party alleging infringement of an intellectual property right, and will bear all associated costs and damages.

In this respect, the Customer will in particular indemnify the Ritz Paris for all losses, damages or costs (including reasonable legal fees and costs) incurred by the Ritz Paris in connection with an action of this nature, as well as all sums paid by way of settlements and/or damages that the Ritz Paris may be ordered to pay.


4.8. Rules of good conduct

The Customer accepts and undertakes to use the premises of the Ritz Paris in a reasonable manner and with respect to the Ritz Paris’s image. In addition, the Customer undertakes not to disturb the peace and quiet of the Ritz Paris. Any behaviour contrary to standards of public decency, public order, the image and reputation of the Ritz Paris, may authorise the Ritz Paris to ask the Customer to leave the establishment, without delay and without any compensation. The Customer will be obliged to pay the Ritz Paris the full price set out in the Confirmation Email, and no refund or compensation of any kind whatsoever will be granted as a result.

If no payment has yet been made, the Customer must pay the price of the services consumed before leaving the Ritz Paris.


4.9. Loss and damages

During his/her stay, the Customer is responsible for the room and its furnishings.

The Customer undertakes to use the Ritz Paris’s premises made available to him/her in an appropriate manner and not to cause any damage, leaving the premises in the same state of cleanliness as they were in when he/she first entered the premises in question.

In general, the Customer will be liable for the consequences resulting from his/her negligence, faults, errors and, more generally, for any damage, direct or indirect, material or immaterial, caused to third parties or to the Ritz Paris and the occurrence of which is linked to the Services. 

In the event of damage or deterioration not declared before the Customer's check out, the Ritz Paris reserves the right to deduct the sum required for the repair work as well as any additional costs related to the non-use of the room during this period. The Ritz Paris will provide the Customer with an invoice for these costs.

The Customer undertakes not to harm the Ritz Paris in general, to disrupt the operation of the Ritz Paris or to jeopardise the safety of the Ritz Paris or the safety of persons in the Ritz Paris, with Ritz Paris reserving the right to intervene if necessary.


4.10. Safety

Surveillance measures have been put in place by the Ritz Paris. Video surveillance of the reception and public areas of the Ritz Paris has been installed to ensure the safety of people and property. Safes are available in the rooms provided to Customers.

However, Customers are advised to exercise caution, particularly with regard to items of high value. Please note that safes are available in the rooms of the Ritz Paris. In particular, Customers are advised to keep all valuables out of general view (particularly in rooms, common areas or in vehicles parked in the Ritz Paris car park).

The Ritz Paris declines all liability in the event of theft, loss or damage to the Customer's valuables, which are not deposited in the safes provided free of charge to the Customer.

The Customer undertakes to inform the Management of the Ritz Paris before his/her check out if, during his/her stay, he/she was the victim of an accident or if any of his/her valuables are damaged, lost or stolen.


4.11. No-smoking policy

The general ban on smoking has been in force in France since 2nd January 2008, in closed and covered areas. Smoking is therefore prohibited throughout the Ritz Paris Hotel, which is an entirely non-smoking establishment.

As a result, if a persistent smell of smoke is detected in the room, after the Customer’s check-out, an additional night (at the rate for the last night) will automatically be charged at the time of the Customer's check-out to cover the cost of cleaning the room and to compensate the Ritz Paris for its inability to accommodate a new customer in the said room. The Customer is informed that smoking is exceptionally permitted on the Terrasse Vendôme and the Grand Jardin of the Hotel Ritz Paris.


4.12. “Inoperative” customer policy

The Ritz Paris processes personal data, in accordance with the terms and conditions set out in the Privacy Policy available here, for the purposes of prevention and safety of property and persons and the fight against non-payment. For these purposes, the Ritz Paris may decide to include in the category of "inoperative " customers any customer with an inappropriate behaviour such as: aggression and incivility, failure to comply with the contract, failure to comply with safety rules, theft, damage and vandalism or payment incidents. These details are mandatory. An inoperative status may lead the Ritz Paris, registering the Customer under this status, to refuse the reservation to the Customer, in the future, for a period, depending on the reasons, between 122 days or 450 days (in the event of brutality towards staff and/or customers, fighting on the premises of the Ritz Paris, insults, threats or threatening behaviour towards staff and/or customers, noisy behaviour disturbing customers, putting safety and/or security equipment out of order, improperly activating safety equipment or any other action that poses a safety risk to staff and/or customers).

ARTICLE 5 – DESCRIPTION OF SERVICES
The Website allows the Customer to book one or more Services at the Ritz Paris. The essential characteristics of the Services are described on the Website.

The photographs shown on the Service website are for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Ritz Paris Hotel and/or Services presented give as accurate an idea as possible of the accommodation, etc. offered, variations may occur, particularly due to changes in furniture or possible renovations.

In case of doubt, or to obtain additional information about the Services, it is possible to contact the Ritz Paris by email or by telephone via the "Contact " tab on the Website.

In any event, the Ritz Paris cannot be held liable for any non-substantial errors that may occur in this respect.

The Website also includes the following information:

• the essential characteristics of the Services offered; 
• any Ancillary Services offered; 
• the prices; 
• the payment terms; 
• the GTCS, as well as the Special Terms and Conditions of the Reserved Price and/or the Cancellation Policies, where applicable.

The Gift Card may be sent to the Beneficiary by the Customer in digital form or by post. The Customer acknowledges that the services of the Gift Card do not include transport to the venue of the Ritz Paris.

If the Gift Card is not used within its validity period, or if it is lost, stolen or destroyed, the Customer will not be entitled to a refund or compensation of any kind whatsoever. However, in the event that the Beneficiary is unable to use the Gift Card within the period specified, the Customer is requested to contact the Ritz Paris, before the end of the validity date of the Gift Card, via the "Contact " tab available on the Website.

ARTICLE 6 – FINANCIAL TERMS

6.1. Prices of Services

For the Accommodation Services, the price of the reservation is indicated before, during and after the reservation and is per room, for the number of person(s), the dates and the Accommodation Services and, where applicable, the Ancillary Services selected by the Customer.

For the Spa Services, the price of the reservation applies to the service chosen by the Customer, on the date and at the time selected by the Customer and in accordance with the conditions set out in the Confirmation Email.

For Restaurant Services, the financial terms are communicated by the restaurant concerned at the time of booking.

Depending on the applicable Cancellation Policy, certain fees may be charged to the Customer in the event of cancellation of the reservation or no-show by the Customer.

The price of the Services is indicated on the Website in euros and is inclusive of all taxes, with the exception of any taxes listed in the Special Terms and Conditions of the Reserved Price and mentioned in the Confirmation Email, (in particular the tourist tax - or equivalent - service charges, etc.) which must be paid directly to the Ritz Paris.

The price of the Services only includes the services strictly mentioned in the Confirmation Email. Any additional services that may be provided by the Ritz Paris during the Customer's stay and/or Spa Service will be added to the price mentioned in the Confirmation Email.

The Ritz Paris pays the greatest attention to the accuracy of the prices of the Services displayed on its Website. However, in the event of a manifest pricing error, the Ritz Paris reserves the right not to provide the Services for which the price is manifestly incorrect. In this case, the Ritz Paris will inform the Customer and, depending on the case, will send him/her a new Confirmation Email if the Customer wishes to maintain his/her reservation at the price effectively applicable or will cancel the Services concerned and refund any price prepaid by the Customer.

The Ritz Paris may change the prices shown on the Website at any time without notice. However, the modified prices will only be applied to bookings made after the new prices come into force.



6.2. Payment terms

6.2.1. Payment for Accommodation Services, Ancillary Services and Spa Services

Irrespective of the payment instructions, the Customer declares that he/she is personally liable for payment in the event that the person, company or association (indicated at the time of booking and acting as guarantor for payment of the costs of the Services) fails to pay all or part of the cost of the Services on behalf of the Customer.

Reservations of Services are paid for by credit card (Visa, MasterCard or American Express) on the Website directly or via the secure payment link provided by the Ritz Paris to the email address indicated by the Customer or by bank transfer only.

The Ritz Paris accepts payment by the following credit cards and debit cards: Visa®, Mastercard®, Maestro®, Diners ® and American Express®. The Ritz Paris does not accept JCB®.

The Ritz Paris may accept different means of payment but the Customer must present to the Ritz Paris the credit or debit card used to guarantee the reservation or to make the prepayment. The Ritz Paris may also ask the Customer to show proof of identity in order to prevent credit or debit card fraud. The Customer may pay the Services in cash (only in case of payment in person at the Hotel Ritz Paris, and within the limit permissible under French legislation).

At the time of reservation of a Service and at the time of the Customer’s check-out, in accordance with the conditions communicated to him/her on the Website, under the GTCS, the Special Terms Conditions of the Reserved Tariff and the Cancellation Policy, the Customer communicates his/her bank details via the secure link provided by the Ritz Paris to the email address indicated by the Customer in order to (i) guarantee his/her reservation of the Services, or to (ii) prepay all or part of the Services before his/her stay or to (iii) finalise the check-out procedure. These payment terms are set out in the Confirmation Email.

(i) Reservation guarantee for Services

If the Special Terms and Conditions of the Reserved Price so provide, the Customer does not pay for the Services when making a reservation on the Website butprovides his/her bank details as a guarantee, solely via the secure payment link provided by the Ritz Paris to the email address indicated by the Customer. In this case, the Customer's debit or credit card is not debited when the reservation is made on the Website and the Customer pays for the reservation directly at the Ritz Paris Hotel.

In addition, the Ritz Paris may, in the event of a room reservation, on the day of the Customer's check-in, request an imprint of the Customer's credit card as a guarantee, for the total amount of the services consumed during the stay and/or to cover any damage caused by the Customer. Furthermore, when this imprint is made, a pre-authorisation (of an amount indicated in the Special Terms and Conditions of the Reserved Price or in the Cancellation Policy, as the case may be, will be requested, for the purposes of (i) verifying the bank payment card (in this case, the amount will be refunded to you within the period applied by the your bank) and/or (ii) blocking an amount that can be charged by the Ritz Paris in case of late cancellation or “no-show” (depending on the policy set out in the Special Terms and Conditions of the Reserved Price and/or in the Cancellation Policy). No VAT will be applied to these amounts inasmuch as corresponding to fixed compensation to the Ritz Paris for the loss sustained due to the exercise of the late cancellation option.

The Ritz Paris will request a pre-authorisation on the Customer's bank card on check-in for all the services booked and a deposit on the services consumed.

In case of a no-show by the Customer, the Ritz Paris will be entitled to charge cancellation fees and, where applicable, all or part of the price of the services reserved, which will be deducted from the amount held as a guarantee, under the conditions set out in Article 3.7 hereof.

(ii) Prepayment for Services

According to the Special Terms and Conditions of the Reserved Price and the Cancellation Policy, payment is made:

• Either in full at the time of the reservation; 
• Or in part, at the time of reservation. This prepayment will be referred to as a deposit. The Customer will be asked to pay the balance of the booking before the cancellation deadline indicated in the Special Terms and Conditions of the Reserved Price and/or the Cancellation Policy recalled in the Confirmation Email. For payment of the balance of the reservation, payments may be made by debit or credit card, via the secure link provided by the Ritz Paris to the email address indicated by the Customer, or by bank transfer and in Euros only. The Ritz Paris cannot be held liable for any additional fees charged by banks in this respect. In the event of payment by bank transfer, the Customer must ensure that his/her name and dates of stay are specified on the transfer order and send the Ritz Paris a copy of the payment confirmation issued by the Customer's bank. The Ritz Paris reserves the right to cancel the reservation without notice if the required deposit and/or payment of the balance of the reservation is not received by the due date. 

In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debitthe sums due by the Customer, the reservation will be cancelled immediately. The Customer will be informed of this by email to the address provided by the Customer at the time of booking.

It is the Customer's responsibility to save and print their payment confirmation if they wish to keep their bank details relating to their transaction.

A pro-forma invoice will be sent to the Customer in electronic format to the e-mail address provided by the Customer at the time of booking; if the Customer wishes to receive a pro-forma invoice in paper format, he/she must expressly request this from the Ritz Paris.

For the pre-payment of Services as earnest money deposit (arrhes, hereinafter “deposit”) will either be refundable or non-refundable depending on the Special Terms and Conditions of the Reserved Price and/or the Cancellation Policy.

If the deposit qualifies as refundable, it will be refunded to the Customer if he/she cancels prior to the cancellation deadline. In the event of cancellation after deadline, no refund of the deposit will be made (without prejudice to the possible charging of/payment of the outstanding amount due in respect of the reserved Services).If the deposit qualifies as non-refundable, it will be kept by the Ritz Paris regardless of the date when you cancel as having been paid in consideration of the cancellation option (without prejudice to the possible charging of/payment of the remaining balance of the amount owed in respect of the booked Services). This deposit will not be subject to VAT inasmuch as corresponding to fixed compensation to the Ritz Paris for the loss sustained due to the exercise of the cancellation option.

When the Customer has not prepaid the full amount of his/her stay prior to his/her check-out, he/she will be charged and/or billed upon his/her check-out, the balance of the total amount of the stay, including taxes.

Under all circumstance, the Customer will be invoiced for any other consumed Services and Ancillary Services, during his/her stay.

For stays of one week or longer, the Services will be billed every seven (7) days at latest. These amounts are subject to VAT.

6.2.2 Charging upon check-out or post check-out

To the extent certain amounts have not been paid in full on the date of departure, the Ritz Paris reserves the right to bill and charge these amounts within a period of ten (10) days following the check-out, using the imprint made at the time of the reservation or else at check-in, corresponding by way of example (on a non-exhaustive basis) to services consumed but not paid for, transfers, use of the mini-bar in the room, damage, breakage, theft, non-payment, returning a forgotten item, your laundry services, loss of keys to the room or of the safe, etc.

ARTICLE 7 – INTELLECTUAL PROPERTY

The Ritz Trademarks as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and/or logos appearing on the Ritz Paris Hotel, on the products and services sold by the Ritz Paris, their accessories or their packaging, whether registered or not, are and remain the exclusive property of RESA or the Ritz Paris or are licensed to the Ritz Paris by RESA.

The Website and all the graphic, textual, visual and photographic elements appearing on it, in particular all the illustrations, trademarks, logos, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of the Ritz Paris and/or RESA or are licensed to the Ritz Paris and are protected in particular by intellectual property rights.

The Ritz Trademarks, the Website and/or its Content may not under any circumstances be modified in whole or in part, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, on any medium whatsoever. In general, the Ritz Trademarks, the Website and its Content may only be used in the context of browsing the Website and, where applicable, to make a reservation or place an order.

The use of all or part of the Ritz Trademarks, the Website and/or its content,in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GTCS is strictly prohibited.

ARTICLE 8 – PERSONAL DATA

In the context of the performance of the Services or the processing of an order, the Ritz Group and/or Ritz Paris are required to process the personal data of Customers and users of the Website, under the terms and conditions set out in the Privacy Policy available here.



ARTICLE 9 – FORCE MAJEURE

The Parties agree to apply Article 1218 of the French Civil Code and case law of the French courts.

It should be noted, for all intents and purposes, that reasons of personal convenience are not considered events of force majeure.

ARTICLE 10 – AGREEMENT ON PROOF
In any event, and in particular in the event of a dispute, Ritz Paris may produce electronic proof of the Customer's actions, validations and instructions, and in particular the entry of the required bank payment card information, the electronic records kept in the company's computer systems, as well as the content of the Customer's messages and operations, using the connection logs, which the Customer acknowledges.

ARTICLE 11 – AMENDMENT OF THE GTCS

The Ritz Paris requests the Customer to read the GTCS carefully before each reservation and/or purchase, as they may have been modified.

The GTCS may be amended and/or supplemented at any time by the Ritz Paris. In this case, the new version of the GTCS will be posted on the Website in a readable and accessible format so that the Customer can easily access and read it.

The amended/supplemented GTCS will take effect from the date they are posted online on the Website and will automatically apply only to purchases and/or reservations made after they are posted online. Purchases and/or reservations made prior to the date of publication online will be governed by the previous version of the GTCS.

The Customer may keep these GTCS on a durable medium by printing them. In the event of a reservation and/or purchase made on the Website, the GTCS, the Special Terms and Conditions of the Reserved Price or the Cancellation Policy, where applicable, as well as the Privacy Policy will be included in the Confirmation Email sent to the Customer, enabling the Customer to download and/or print them.

ARTICLE 12 – GENERAL PROVISIONS

In the event that any of the provisions of the Contract should be declared invalid, inapplicable or unenforceable by any competent court, the other provisions shall remain valid, applicable and enforceable unless otherwise provided by the said court.

The fact that one of the Parties does not invoke a right or breach by the other Party shall not constitute a waiver of the right or breach in question for the future. Any waiver will only be enforceable if it has been expressed in writing by the party from whom it emanates to the other party.

In the event of any contradiction between the titles of the provisions of the Contract and their content, the content shall prevail.

The fact that the Ritz Paris does not invoke any of the provisions of the Contract at a given time may not be interpreted as a waiver of the right to avail itself of them at a later date.

For your convenience, we have translated the GTCS into English. However, in the event of a dispute, the French text alone shall prevail.

If the GTCS are translated into another language, the French version will prevail over any other translation in the event of any dispute, litigation, difficulty in interpreting or executing these terms and conditions and more generally concerning relations between the Parties.

ARTICLE 13 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

13.1. The Contract is governed and construed in accordance with French law, in accordance with Regulation No. EC 593/2008 of 17 June 2008, without prejudice to any mandatory protective provisions that may apply in the consumer's country of usual residence.

It is recalled that an amicable settlement of the dispute shall bethe privileged solution.

13.2. Any Customer wishing to exercise his/her right of withdrawal in accordance with Article 3.4.2 or in case of a dispute relating to the performance and/or interpretation of the Contract, the Services, the Customer undertakes to first contact the relevant Guest Relations Department of the Ritz Paris, whose contact details are given below:

Ritz Paris Hotel, Guest Relations Department, Ritz Paris, 15 place Vendôme, 75001 Paris, France

Tel. +33 143 16 30 30;

Email: [email protected].

13.3. In the event of a dispute between the Ritz Paris and the Customer, they will endeavour to find an amicable solution. If an amicable agreement cannot be reached, the Customer is informed that he/she may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.

In accordance with order no. 2015-1033 of 20 August 2015 and implementing decree no. 2015-1382 of 30 October 2015, any so-called consumer dispute or litigation, subject to article L612-2 of the Consumer Code, the Customer may in particular refer the matter free of charge to the consumer mediator to which Ritz Paris belongs, namely the Association of European Mediators (AME CONSO), within a period of one (1) year from the date of his/her written complaint sent to the Ritz Paris.

Referral to the Consumer Ombudsman should be made:

• either by completing the form on the AME CONSO website: www.mediationconso-ame.com tab « FORMULAIRE DE SAISINE EN LIGNE »;
• or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 Paris, France.

AME CONSO will try, independently and impartially, to find an amicable solution to the dispute.

The Customer remains free to decide whether or not to use mediation.

In the event of recourse to mediation by the Ritz Paris, the Customer is also free to accept or refuse recourse to mediation.

Once the mediator's decision has been made, each party is free to accept or reject the solution proposed by the mediator.

In the event of a dispute relating to the execution of an order (Services), if the Customer is a natural person and a final consumer, he/she has the possibility to resort free of charge to a conventional mediation procedure or any other alternative dispute resolution procedure.

13.4. The Customer may, if he/she wishes, use the Online Dispute Resolution Service (ODR) offered by the European Commission in accordance with article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013.

This platform is available at: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism that is not a prerequisite for taking legal action.

13.5. Any difficulties relating to the interpretation, performance and expiry of the Contract, the General Terms and Conditions of Sale or the services will be subject, in the absence of an amicable agreement under the above conditions, to the exclusive jurisdiction of the competent Paris Courts, even in the event of summary proceedings, third-party proceedings or multiple defendants.

As an exception to the foregoing, it is specified that, in accordance with the provisions of Regulation No. EC 44/2001 of 22 December 2000:

• the customer-consumer may choose to file a claim either before one of the territorially competent courts under the French Code of Civil Procedure, or before the courts where he/she was domiciled when the contract was concluded, or when the harmful event occurred, in accordance with Article R. 631-3 of the French Consumer Code;
• The Ritz Paris may file a claim before the courts where the customer is domiciled.

The Ritz Paris reserves the right to seek and obtain injunctions or orders to protect its rights hereunder.

13.6. In accordance with article L. 223-1 of the French Consumer Code, consumers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on an opposition list to telephone canvassing. This list is accessible via the following website: www.bloctel.gouv.fr. Subject to the above, the customer however agrees to solicitations required for the performance of the contract in force and related to the scope of the said contract.

These terms and conditions of sale (the “Terms and Conditions of Sale”) apply to all products (the “Products”) sold via the website accessible at www.ritzparis.com/e-boutique (the “E-Boutique”) and specify the particular terms and conditions for orders, payments, deliveries, and returns. 

The Products are sold directly by Ritz Enterprise S.A., a public limited company incorporated under Swiss law, headquartered at rue du Rhône 42, 1204 Geneva, Switzerland, registered in the Trade and Commercial Register of the Canton of Geneva under number CHE-100.374.228, with intra-community VAT number FR89915349385 (the “Seller").

The Seller's customer service contact details (the "Customer Service") are as follows: 

• Telephone: + 33 (0)1 43 16 32 22 
• Email: [email protected] 

ARTICLE 1 - SCOPE OF APPLICATION

The Terms and Conditions of Sale apply to all Product sales made via the E-Boutique for delivery in mainland France (including Corsica), Belgium, Luxembourg, the Netherlands, Germany, Italy, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Latvia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marino, Switzerland, Japan, and the United States of America (the "Destination Country(ies)").

The online sale of products on the E-Boutique is exclusively reserved for consumer customers, as defined by the law and precedents, acting solely on their own account, with the full legal capacity to contract (the "Customer(s)"). 

The Seller has decided to limit each Product order to a maximum of three (3) identical units, with the exception of twelve (12) identical units for the entire tableware and champagne category. Requests to order larger quantities may be sent to the following email address: [email protected].

ARTICLE 2 - ENTIRETY

The Terms and Conditions of Sale express the full obligations of the parties. They supersede all other terms and conditions, in particular those applicable to sales made through other distribution channels, including sales made at the Ritz Paris Hotel Concept Store.

ARTICLE 3 - PRE-CONTRACTUAL INFORMATION

The Customer declares that they have read the Terms and Conditions of Sale and all information listed in Article L. 221-5 of the French Consumer Code before placing their order. In this respect, the Customer must confirm that they accept the Terms and Conditions of Sale for each order placed on the E-Boutique by ticking the box "I accept the Ritz Paris Terms and Conditions of Sale and Privacy Policy, which are an integral part thereof". 

This confirmation upon placing the order will imply complete acceptance, without restriction or reservation, of these Terms and Conditions of Sale, which may be saved on a computer and/or printed by the Customer.

The Terms and Conditions of Sale are valid for as long as they appear on the E-Boutique. The Seller may amend and update these Terms and Conditions of Sale at any time; however, the valid Terms and Conditions of Sale are those in effect on the date the order is placed by the Customer and are those formally accepted by the latter.

In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential characteristics and prices of Products sold electronically are available on the E-Boutique.

ARTICLE 4 – PRODUCTS

The Customer is required to refer to each Product description in order to know their properties and essential characteristics, as well as to the information relating to the composition of the Products, before placing an order. Choosing and purchasing a Product is the sole responsibility of the Customer.

The Products are described and presented as accurately as possible. However, the Seller will not be held responsible for any errors or omissions in this presentation. The photographs and illustrations shown on the E-Boutique are not contractual. The Seller will not be held responsible in the event of a discrepancy between these photographs and the Product chosen by the Customer.

The Customer agrees that, in the event of any dispute, the written Product information that appears on the E-Boutique will prevail over any oral statements made by the Seller or by employees or other personnel. 

ARTICLE 5 - SALE OF ALCOHOL AND MINORS

In accordance with Order no. 59-107 of January 7, 1959, Law no. 74-631 of July 5, 1974, and the provisions of Article L3342-1 of the French Public Health Code, amended by Law no. 2009-879 of July 21, 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited in France. 

Any Customer who orders alcohol confirms that they are of legal age and authorized to consume this type of product in accordance with the current regulations to which they are subject. Any violation of this article is the sole personal responsibility of the Customer.

The Seller specifies that it does not deliver alcohol to Japan or the United States of America.

Alcohol abuse is dangerous for the health. Customers must know how to consume in moderation. The consumption of alcohol during pregnancy may have serious health consequences for the child.

By placing an order on the E-Boutique, the Customer expressly waives their right to Article 1587 of the French Civil Code, which stipulates that the sale of wine shall become definitive and final only after it has been tasted and approved by the purchaser.

ARTICLE 6 - STOCKS

The Customer may place an order on the E-Boutique for any Product, subject to availability.

If, exceptionally, any of the Products ordered are not available (including in the case of simultaneous orders of the same Product by several Customers), the Seller will inform the Customer by email as soon as possible and will offer either to order another Product available on the E-Boutique as a replacement or to cancel the order. If the Customer chooses to cancel the order, the amount will be refunded by crediting the Customer's bank account within 14 days if the account has already been debited.

ARTICLE 7 - ORDERS

Ordering products from the E-boutique involves several steps: 

1. The Customer selects the Product(s), indicating the quantity required, and clicks on the "Add to cart" button. 
2. The Customer checks their shopping cart by clicking on the basket icon in the E-Boutique site header and corrects any errors.
3. After checking the shopping cart, the Customer proceeds to order their Products by clicking on "Payment", either through their Ritz Paris customer account or as a guest without creating a customer account.
4. To place an order, the Customer first enters their delivery details and billing address. They then choose the delivery method, with the option of adding a personalized message, and select the payment method from the options offered by the Seller.
5. The Customer is then asked to enter their bank details to pay for their order.
6. The Customer checks the order summary and accepts the Terms and Conditions of Sale before clicking on "Confirm your payment".

The sale is considered final once the Seller has sent the Customer a confirmation of order acceptance by email, and once the Seller has received payment in full.

Data recorded by the Seller for delivery and invoicing purposes are proof of all transactions between the Seller and Customer. In the event of a dispute concerning a transaction made on the E-Boutique, data recorded by the Seller will be considered irrefutable proof of the transaction content. Purchase orders and invoices are stored on a reliable, durable medium that can be used as proof.

For any order tracking inquiries, the Customer is invited to contact Customer Service at the above telephone number and email address.

ARTICLE 8 - PRICES AND CUSTOMS DUTIES

The Seller reserves the right to amend its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability on that date.

Prices are given in euros. For deliveries to Destination Countries in the European Union, the VAT amount applicable on the order date is included in the price. 

Delivery charges are not included in the Product price and are charged separately. They vary according to the delivery address and shipping method chosen by the Customer. They are shown before the order is confirmed. 

Full payment must be made at the time of placing the order. At no time will the sums paid be considered as deposits or advance payments.

Should one or more taxes or contributions, including environmental taxes, be created or adjusted, whether increased or decreased, this change may be reflected in the Product selling prices.

Orders are shipped on a DDP (Delivery Duty Paid) basis, which means that all taxes and customs duties are payable by the Seller and included in the total price at the time of payment. 

ARTICLE 9 - DELIVERY

9.1. Customer deliveries

The delivery time includes the order preparation time, i.e., three (3) working days, plus transit time.

Products are delivered to the postal address given by the Customer at the time of placing the order, which appears on the delivery note. The Customer is responsible for information relating to the name and address of the recipient. This information must be true, accurate, and complete to enable proper delivery. Products ordered by the Customer on the E-Boutique can only be delivered to a Destination Country. 

The Customer can track the progress of their order delivery via their customer account, which they can create at any time from the E-Boutique, or via the link emailed to the Customer directly by the carrier. 

9.2. Delivery charges and times

Standard delivery is free on orders over:

• Two hundred (200) euros for deliveries to European Union member states;
• Two hundred and fifty (250) euros for deliveries to Switzerland;
• Four hundred (400) euros for deliveries to the United States of America.

Country Standard delivery method / Estimated delivery time

FRANCE (MAINLAND) Colissimo signed 1-2 days

MONACO Colissimo signed 1-2 days

Country Express delivery method / Estimated delivery time

FRANCE (MAINLAND) Chrono C13 1 day

MONACO   Chrono C13 1 day

Country Standard delivery method / Estimated delivery time

GERMANY Chrono Classic Europe 2 days

BELGIUM Chrono Classic Europe 2 days

LUXEMBOURG Chrono Classic Europe 2 days

NETHERLANDS Chrono Classic Europe 2 days

SWITZERLAND Colissimo International 3 days

AUSTRIA Chrono Classic Europe 3 days

DENMARK Chrono Classic Europe 3 days

SPAIN Chrono Classic Europe 2 days

PORTUGAL Chrono Classic Europe 4 days

ITALY UPS Standard 2-5 days

FINLAND Chrono Classic Europe 4 days

HUNGARY Chrono Classic Europe 4 days

POLAND Chrono Classic Europe 3 days

CZECH REPUBLIC Chrono Classic Europe 3 days

SLOVAKIA Chrono Classic Europe 3 days

SLOVENIA Chrono Classic Europe 3 days

SWEDEN Chrono Classic Europe 4 days

ANDORRA Chrono Classic Europe 2 days

CROATIA Chrono Classic Europe 3 days

ESTONIA Chrono Classic Europe 4 days

GREECE Chrono Classic Europe 5 days

LATVIA Chrono Classic Europe 4 days

LIECHTENSTEIN Chrono Classic Europe 2 days

LITHUANIA Chrono Classic Europe 4 days

ROMANIA Chrono Classic Europe 5 days

SAN MARINO UPS Standard 2-5 days

USA UPS Saver 1 day

JAPAN UPS Saver 2 days

Delivery will be made within thirty (30) days of the order at the latest unless otherwise stipulated, in which case the Customer will be informed before placing the order and will be given an expected delivery time.

Please note that delivery times may be extended during busy periods, such as holidays. The Seller invites Customers to place their orders in advance of these periods. 

9.3. Late delivery

In the event of a delay or lack of order tracking information from the carrier, the Seller will not be held responsible and will not be in a position to notify the Customer.

Any late deliveries must be reported in writing as soon as possible by the Customer to the Seller, who will make inquiries with the carriers concerned. The Customer may cancel their order if it has not been delivered by the original delivery date provided to the Customer, subject to the delay not being caused by the Customer or by force majeure.

The Seller will refund the amount to the bank account debited upon placing the order within a maximum period of fourteen (14) days from the date the Customer requests to cancel the order, or from the date the Seller concludes the investigation confirming the loss of the parcel, to the exclusion of any other compensation.

In the event of partial delivery of the order, several deliveries may be made, and this right concerns only the undelivered part of the order.

The Seller will not be held responsible for late delivery due to an incorrect address or the inability to deliver to the address provided. If the carrier is unable to contact the Customer, the Customer will not be entitled to a refund of the delivery charge by the Seller.

Please note that delivery times may be extended during busy periods, such as holidays. The Seller invites Customers to place their orders in advance of these periods. 

9.4. Product receipt

Each delivery will be considered complete when the Products are made available to the Customer by the carrier and recorded by the tracking system used by the carrier. No dispute relating to the delivery itself will be possible if the parcel appears to have been delivered according to the carrier's computer system.

In the event of receiving a damaged and/or defective Product, the Customer has seven (7) days in which to contact Customer Services and submit a claim, accompanied by the necessary supporting documents (photographs, etc.). Any complaints made to the Seller's Customer Service Department after this period or sent via any other channel will not be handled. 

ARTICLE 10 – LEGAL RIGHT OF WITHDRAWAL

10.1. Principle

In accordance with article L221-18 of the French Consumer Code, the Customer has a period of fourteen (14) working days from the date of delivery of the Customer’s order to return any Product, for any reason, to request an exchange or refund, with no penalty being incurred. 

Returns are available on all orders. However, and by way of exception, for orders that are shipped to the United States and Japan, the cost for returning items is fifty (50) euros for the United States and eighty (80) euros for Japan and these costs are deducted from the total amount refunded to the Customer.

10.2. Methods for exercising the right of withdrawal

A Customer wishing to exercise their right of withdrawal should log in to the order history within their customer account. If the Customer has placed their order using a guest account, they must create a customer account beforehand. The option to “Return a product” is available. The Customer must select the items they wish to return and select the reason for the return. 

Once the request has been submitted, the Seller will acknowledge receipt of the request by sending a return email containing a prepaid return label. 

The Customer will upload their purchase receipt to their customer account and then enclose the receipt in their return package. Items must be returned in their original state and must be complete (including packaging, accessories, instructions, etc.). Any damaged, soiled or incomplete Products will not be accepted. In particular, ready-to-wear Products must be returned in their original unworn and unwashed state. 

If these conditions are met, the Seller will refund the Customer for the total amount of the returned Products as well as any initial delivery costs (limited to standard delivery costs), with the refund being deposited in the bank account that was debited when the order was placed, within a maximum of fourteen (14) days starting from when the returned Products were received.

ARTICLE 10B – CONTRACTUAL RIGHT OF WITHDRAWAL

Beyond the legal right of withdrawal applicable to consumers mentioned in article 10 above, the Seller also gives the Customer the option to return any Product within thirty (30) days from the date the Customer received the order. 

If Products are returned based on the contractual right of withdrawal, after the legal right of withdrawal period has expired, return costs will be met by the Seller. However, and by way of exception, the cost for returning items is fifty (50) euros for the United States and eighty (80) euros for Japan and these costs are deducted from the total amount refunded to the Customer.

Customers wishing to exercise their contractual right of withdrawal should refer to the procedure described in article 10.2.

ARTICLE 11 – LEGAL GUARANTEE

The Seller guarantees that the Products from the E-Boutique are fit for their intended purpose and do not have any flaws or hidden defects that could make them dangerous or unsuitable for normal usage. All Products for sale in the E-Boutique therefore carry a legal guarantee of conformity (as defined in articles L217-3 et. seq. in the French Consumer Code) and a warranty against hidden defects (as defined in articles 1641 et. seq. of the French Civil Code), giving the Customer the right to return without cost any defective or non-conforming Products delivered to them.

 11.1. Legal guarantee of conformity

Article L. 217-3 of the French Consumer Code states that “The seller shall deliver goods that comply with the contract and with the criteria set out in article L. 217-5. The seller is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within a period of two years from the date of the contract. In the case of a contract for the sale of goods containing digital elements: 

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller is liable for any lack of conformity of the digital content or digital service that becomes apparent within two years of delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that becomes apparent during the period in which it is supplied under the contract.

For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19. 

The seller is also liable, for the same period of time, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller. 

This warranty period applies without prejudice to articles 2224 et seq. of the [French] Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity.”

Article L217-4 of the French Consumer Code states that: “The good conforms to the contract if it meets in particular, where applicable, the following criteria: 

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller no later than at the time of conclusion of the contract and accepted by the latter;

3° It is delivered with all the accessories and installation instructions that are to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L217-5 of the French Consumer Code states that “I.-In addition to the criteria of conformity with the contract, goods are conforming if they meet the following criteria:

1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.-However, the seller is not bound by any of the public statements mentioned in the previous paragraph if he demonstrates:

1° That he was not aware of them and could not legitimately have been aware of them;

2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or

3° That the public statements could not have influenced the decision to purchase.

III.-The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.” 

  11.2. Warranty against hidden defects

Article 1641 of the French Civil Code states that “the seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.”

Article 1648 of the French Civil Code states that “the action resulting from hidden defects shall be brought by the purchaser within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.”

11.3. Warranty exclusions

Any Products that have been modified, repaired, integrated into other products or added to by the Customer are excluded from warranty. The warranty does not apply to visible defects. The warranty does not take into account any Products damaged during transport or as a result of incorrect usage.

11.4. Methods for exercising legal warranties

When dealing with a legal guarantee of conformity, the Customer:

- has two years to take action, starting from when the item was delivered;

- can choose between repair or replacement of the item, in accordance with article L217-9 of the French Consumer Code;

- is exempt from providing proof of the existence of the item's defect of conformity for six months following the delivery of the item.

The legal guarantee of conformity applies independently of any potential commercial warranty that is agreed.

The Customer can decide to exercise the warranty against hidden defects in the item as defined in article 1641 of the French Civil Code. Under these circumstances, the Customer can choose to return the item for a refund or keep the item and receive a partial refund in accordance with article 1644 of the French Civil Code.

For any questions regarding legal warranties, the Customer should contact the Customer Service team using the above contact details. These provisions are not mutually exclusive of the right of withdrawal defined in article 10 above.

11.5. Consequences when exercising warranties

As part of the legal guarantee of conformity, the Seller agrees to give the Customer the choice:

• either to replace the Product with an identical product, based on available stock;
• or to refund the full price of the Product within a maximum of 30 days, if it is not possible to replace the Product.

As part of the warranty against hidden defects, the Seller agrees, after assessing the hidden defect, to give the Customer the choice:

• either to refund the full price of the returned Product, within a maximum of 30 days;
• or to refund part of the Product price within a maximum of 30 days, if the Customer decides to keep the Product.

ARTICLE 12 – FORCE MAJEURE

Any circumstances outside of the Seller’s control that prevent the Seller from fulfilling its obligations under standard conditions are considered to be causes that exempt the Seller from its obligations and will result in their suspension.

Force majeure circumstances include any unavoidable, unforeseeable, or inevitable circumstances that are external to the parties, outside of their control and cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered to be force majeure or unforeseeable circumstances, beyond those typically included by French jurisprudence in courts and tribunals: blockage of transport or supply routes, earthquakes, fires, storms, flooding, lightning strikes, telecommunication network outages or telecommunication network difficulties outside of the Customer’s control.

If the Seller wishes to invoke the circumstances mentioned above, they must immediately notify the Customer of this fact.

If the Seller is unable to fulfil their obligations and they are suspended for more than fifteen (15) days, the Customer has the option to cancel their in-progress order and ask the Seller for a refund as soon as possible by crediting the order amount to the Customer’s bank account.

ARTICLE 13 – INTELLECTUAL PPROPERTY

The website content (technical documents, images, photography, etc.) remains the property of the Seller who is the sole Intellectual Property Rights Holder of this content.

Customers must not use this content for any purpose. Any total or partial reproduction of this content is strictly prohibited and could be considered to be copyright infringement.

ARTICLE 14 – PROTECTION OF PERSONAL DATA

In order to sell its Products online, the Seller needs to collect the personal data required to store, process and monitor orders. The personal data collected for each Customer include title, last name, first name, delivery address, billing address, email address, password (if the Customer has a customer account) and telephone number.

The Customer is informed that the data concerning them can only be partly or fully communicated to service providers used by the Seller as part of the order fulfilment process (payments and deliveries in particular). These service providers are also committed to data privacy and security in accordance with current personal data protection legislation.

The Customer’s personal data are collected and processed in accordance with current personal data protection legislation and with the E-Boutique’s Privacy Policy. Link

The Customer has a continuous right of access, right to rectification and right to object with regard to the information concerning them. These rights can be exercised by sending an email to the following email address: [email protected] or by writing a letter to the following address: Ritz Group Services, Equipe en charge de la protection des données, 3 rue La Boétie, 75008 Paris, France.

ARTICLE 15 – PARTIAL INVALIDATION

If one or more stipulations within the Terms and Conditions of Sale are found to be invalid or declared invalid following the application of a legal requirement or regulation, or following a definitive decision by a competent jurisdiction, the other stipulations will still remain fully in force.

ARTICLE 16 – NON-WAIVER

The failure of a party to pursue any breach of any of the provisions of the Terms and Conditions of Sale will not be construed as a waiver of any continuing or future breach of the provision in question.

ARTICLE 17 – LANGUAGE

These Terms and Conditions of Sale were originally written in French. When translated into one or more foreign languages, only the French wording will apply in the event of a legal dispute. The fact that the Seller might habitually communicate with the Customer in a language other than French cannot under any circumstances be considered to be an opt-out in the application of these Terms and Conditions of Sale or any of the stipulations therein.

ARTICLE 18 – MEDIATION

In the event of a dispute between the Customer and the Seller, the two parties will endeavour to reach an amicable solution.

If such a solution cannot be reached, the Customer may refer the case free of charge to the relevant consumer mediator, which in this case is the “Association des Médiateurs Européens” (AME CONSO – Association of European Mediators), within one year of the date of the written claim addressed to the Seller.

Referral to the consumer mediator must be made as follows:

• either by completing the form designed for this purpose on the AME CONSO website: www.mediationconso-ame.com;
• or by sending a letter addressed to AME CONSO, 197 Boulevard Saint Germain, 75007 Paris, France. 

In addition, the European Commission provides an online platform for resolving disputes, available via this link: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FiciR. 

ARTICLE 19 – APPLICABLE LAW

The Terms and Conditions of Sale are executed and interpreted in accordance with French law, subject to mandatory regulations applicable to the Customer’s country of residence.

Any issues or disputes regarding orders and/or Terms and Conditions of Sale that are not resolved by mediation will be handled exclusively by French courts that have territorial jurisdiction based on the French Code of Civil Procedure.