General Terms and Conditions of Sale

Preamble

The e-commerce Website https://www.lesixrueparadis.com is managed by the company L.S.R.P, a one-person limited liability company (SARL) with capital of €1,000, headquartered at 2 bis avenue Durante, Centre MBE 239, 06000 Nice (France), registered with the Nice trade and companies register under number RCS 818 871 055.

It is hereby specified that the present terms and conditions govern the sale of Products by Le 6 Rue Paradis to individual or professional CUSTOMERS (natural or legal persons) making a purchase via the Website https://www.lesixrueparadis.com, hereinafter referred to as “the CUSTOMER”.

These General Terms and Conditions of Sale, together with the Order form and Order confirmation, constitute the sales contract between L.S.R.P and the CUSTOMER for the sale of the Products ordered.

All Orders placed on the Website https://www.lesixrueparadis.com require the CUSTOMER's prior and unreserved acceptance of the General Terms and Conditions of Sale in their entirety.

In the event of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the CUSTOMER must not use the Website.

L.S.R.P reserves the right to adapt or modify its General Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications being then applicable to all Orders after the adaptations or modifications.

In the event of modification, the General Terms and Conditions of Sale applicable to the CUSTOMER's Order are those which were online, and which the CUSTOMER accepted on the day the Order was placed.

Article 1 - Definitions

The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meanings indicated below (whether used in the singular or plural).

• General Sales Conditions: refers to the present document, i.e. the terms and conditions applying to the relationship between L.S.R.P and the CUSTOMER.
• Order: refers to the CUSTOMER's purchase order for one or more Products or Services placed via the Website https://www.lesixrueparadis.com
• Website: refers to the Website accessible at https://www.lesixrueparadis.com
• Product: refers to a Product or Service offered for sale on the website https://www.lesixrueparadis.com
• CUSTOMER: designates a natural or legal person, individual or professional, consumer, who uses the Website https://www.lesixrueparadis.com and acquires one or more Product(s), having previously accepted the General Terms and Conditions of Sale.

Article 2 - Subject Matter

2.1 - The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between L.S.R.P and the CUSTOMER, and the conditions applicable to any purchase made via the Website https://www.lesixrueparadis.com

2.2 - For natural persons: By accepting these General Terms and Conditions of Sale, you declare that you have reached the age of legal majority in your country, state or province of residence, that you are not under guardianship, curatorship or any other form of protection for adults, and that you have given your consent to allow any minor dependent on you to purchase from this e-commerce Website.

For legal entities: By accepting these General Terms and Conditions of Sale, you declare that you are validly registered with the trade and companies register, or any other equivalent body in the country, state or province in which your company is established, and that you are not under any inability to carry on a commercial activity.

2.3 - The use of our Products for any illegal or unauthorized purpose is prohibited.

2.4 - L.S.R.P reserves the right to modify these General Terms and Conditions of Sale at any time, to comply with any new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the Order by the CUSTOMER.

Article 3 - Activity and Products

3.1 - L.S.R.P’s business is the distance selling of second-hand luxury jewelry, accessories and clothing, branded or unbranded, as well as antiques (including, but not limited to, ceramics, display items, silverware, lighting, paintings, furniture, etc.) via a general catalog.

3.2 - It is specified that the Products in the catalog are unique and second-hand.

Article 4 - Prices

4.1 - The prices shown on the Product description pages in the catalog are in Euros (€) including the VAT applicable on the day of the Order, excluding delivery costs. Any change in the VAT rate may be reflected in the price of the Products.

4.2 - L.S.R.P reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the Order will be the only price applicable to the CUSTOMER.

4.3 - The Products remain the property of L.S.R.P until full payment has been received.

4.4 - Products on special offer will be indicated by a “SPECIAL OFFER” sticker or by a crossed-out price. Our special offers are valid while stocks last at the time of the Order and during the display period. Please note that the Products in the catalog are unique items.

4.5 - For CUSTOMERS outside mainland France, L.S.R.P is obliged, in accordance with current legislation, to charge VAT on Orders shipped to most European Union countries.

For CUSTOMERS outside the European Union and in French overseas departments and territories (DOM-TOM), Orders are not subject to VAT but may be subject to local taxes and customs duties in force in the country, department or territory of destination. L.S.R.P. is not responsible for these fees and charges, which are the sole responsibility of the CUSTOMER. In addition, the CUSTOMER is responsible for, but not limited to, any declaration, administrative procedure, obtaining information from the competent authorities, payment of local taxes and customs duties, and ensuring that it is possible to import the Products ordered into the country of destination.

4.6 - Caution: Any inaccurate information provided by the CUSTOMER for the purpose of evading VAT may result in civil fines and criminal prosecution.

4.7 - The prices of Products indicated on the Website https://www.lesixrueparadis.com do not include shipping costs, which are invoiced in addition to the price of the Products purchased and according to the total amount of the Order.

Article 5 - Order

5.1 - Contractual information is presented in French language and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.

5.2 - L.S.R.P reserves the right to cancel or refuse any Order from a CUSTOMER with whom there is a dispute relating to the payment of a previous Order.

5.3 - To order Products on the Website https://www.lesixrueparadis.com, the CUSTOMER must create an account by providing the information requested on the registration form. To this end, the CUSTOMER declares that he/she will provide complete and accurate personal information that will enable him/her to be precisely identified in any situation. Any false or slanderous personal information may lead to the closure of the CUSTOMER's account and the cancellation of his Order. The account creation section is accessible directly from the main bar menu. On each visit, if the CUSTOMER wishes to order or consult his/her account (status of Orders, personal information, etc.), he/she must identify himself/herself using this information.

Article 6 - Payment

6.1 - The price of the Products and shipping costs are payable in full by the CUSTOMER at the time the Order is placed.

6.2 - The Website https://www.lesixrueparadis.com may offer the CUSTOMER the choice of different methods of payment:

• By credit card: 

After choosing the credit card payment method, the CUSTOMER is redirected to the secure interface of the payment system to securely enter his/her personal credit card details. If the payment is accepted, the Order is registered and the contract definitively formed. Payment by credit card is irrevocable.

• By PAYPAL:

After choosing the PAYPAL payment method, the CUSTOMER is redirected to PAYPAL's secure interface to make the payment. Once payment has been validated, the Order will be recorded and the contract definitively formed.

Article 7 - Product Availability

L.S.R.P exclusively offers unique Products on the Website https://www.lesixrueparadis.com.

Consequently, the Products offered on the Website https://www.lesixrueparadis.com are subject to availability.

Each Product offered for sale on the Website https://www.lesixrueparadis.com is also offered on other online sales platforms worldwide. It is therefore possible that one or more Products in an Order may no longer be available when L.S.R.P. receives the Order electronically:

• In the case of an Order for a single Product: the Order will be cancelled by L.S.R.P, and the CUSTOMER noticed, within a maximum period of fourteen (14) calendar days following the date of the Order.
• In the case of an Order involving several Products: L.S.R.P will inform the CUSTOMER within a maximum of fourteen (14) calendar days following the date of the Order. The CUSTOMER will have the option of requesting: either the cancellation of the entire Order; or the updating of the Order with the available Products; or the substitution of one or more Products, it being specified that these may not be identical Products due to the unique nature of each Product.

Article 8 - Rights of Withdrawal

8.1 - Withdrawal rights applicable according to the destination of the Orders

(i) Orders shipped to France, other European Union member states and the United Kingdom:

In accordance with Article L121-21 of the French Consumer Code, and the European Directive on Consumer Rights (2011/83), the CUSTOMER has a period of fourteen (14) calendar days to exercise its right of withdrawal from a contract concluded at a distance, without having to give reasons for its decision or incur costs other than those provided for in Articles L. 121-21-3 to L. 121-21-5.

The aforesaid period begins on the day of receipt of the goods by the CUSTOMER or a third party designated by the CUSTOMER, excluding the carrier.

In the case of an Order for several goods delivered separately, or in the case of an Order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

The fourteen (14) calendar day period begins the day after delivery of the goods. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day (i.e. all days of the week except Sundays and public holidays not usually worked in the company's destination country).

(ii) Orders shipped outside France, other European Union member states and the United Kingdom:

The CLIENT has no right of withdrawal.

The Products cannnot be returned, except in the unlikely event that they differ significantly from the description published on the Product description page, on the Website https://www.lesixrueparadis.com, at the time the order is confirmed. The CUSTOMER must notify L.S.R.P of any anomaly within two (2) calendar days of receipt of the Order. The CUSTOMER shall provide all conclusive and admissible evidence attesting to the non-conformity of the Product.

8.3 - Formal expression of the CUSTOMER's wish to withdraw

To exercise his/her right of withdrawal, the CUSTOMER must send, before the expiry of the withdrawal period, either the standard cancellation form available on the Website https://www.lesixrueparadis.com, or a written declaration clearly and unambiguously expressing his/her wish to withdraw. This declaration must be sent by e-mail to lesixrueparadis@gmail.com

Simply returning the Product without a declaration or refusing to accept delivery is not sufficient to express the CUSTOMER's wish to withdraw.

8.4 - Return of Products

The CUSTOMER must return the Products to L.S.R.P no later than fourteen (14) calendar days following communication of its decision to withdraw.

The return shipping conditions (carriage and insurance) must be at least equivalent to those of the shipment initially made by L.S.R.P.

Products must be returned to the following address in their original packaging, unused, with store labels still attached: L.S.R.P, 2 bis avenue Durante, Centre MBE 239, 06000 Nice (France).

To facilitate the return process, the CUSTOMER is invited to provide L.S.R.P with a tracking number by e-mail to lesixrueparadis@gmail.com

8.5 - Costs to be borne exclusively by the CUSTOMER

• For Orders shipped to France, other European Union member states and the United Kingdom: return shipping costs, including carriage and insurance.
• For Orders shipped outside France, other European Union member countries and the United Kingdom: return shipping costs (carriage and insurance), 15% restocking fee (calculated on the sale price of the Product), as well as customs duties and taxes.

8.6 - Refund

L.S.R.P. will reimburse the CUSTOMER for all sums initially paid, including shipping costs, no later than fourteen (14) calendar days following receipt of the returned Products.

Refund will be made by the same means of payment used for purchase.

Article 9 - Delivery

9.1 - Delivery method and shipping costs

Once payment for the Order has been received, the Products will be delivered to the delivery address indicated by the CUSTOMER when the Order is placed. An e-mail will be sent to the CUSTOMER to inform him/her of the shipment of the Products.

Shipping costs are calculated according to the shipping method, the insured value, the weight and format of the package and the destination.

Products will be shipped by any carrier unilaterally chosen by L.S.R.P.

If the CUSTOMER wishes to organize its own transport, express prior authorization from L.S.R.P. is required. The CUSTOMER is informed that the transfer of risks takes place when the goods are handed over to the carrier, in accordance with article L216-3 of the French Consumer Code.

9.2 - Delivery delay and transfer of risk

These General Terms and Conditions of Sale comply with the provisions set out in Articles L216-1 to L216-3 of the French Consumer Code, amended by Ordinance no. 2021-1247 of September 29, 2021, hereinafter recalled:

• Article L216-1: The professional delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of article L. 111-1, unless the parties agree otherwise. For the purposes of this title, delivery of a good means the transfer to the consumer of physical possession or control of the good (...) Failing any indication or agreement as to the date of delivery or supply, the professional shall deliver the good or supply the service without undue delay and no later than thirty (30) days after the conclusion of the contract.
• Article L216-2: Any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him takes physical possession of the goods.
• Article L216-3: When the consumer entrusts the goods to a carrier other than the one proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier.

9.3 - Delivery failures attributable to the CUSTOMER

In the event that delivery of the Order cannot be made due to the CUSTOMER's fault, in particular (without this list being exhaustive) due to an erroneous address communicated by the CUSTOMER when placing the Order, refusal to pay any customs duties and fees, or failure to recover the parcel in the event that it is placed on hold by the carrier, the Order will be reshipped at the CUSTOMERS's expense, in accordance with the above conditions.

9.4 - Delivery delays

L.S.R.P. shall not be entitled to any compensation whatsoever for delays in delivery due to carriers, customs authorities in the country of destination or force majeure, provided that L.S.R.P can prove that the delay is not attributable to it.

9.5 - Insurance

The value of the Products shipped is insured by L.S.R.P with the chosen carrier.

• In the event of proven loss of the package during transport, L.S.R.P undertakes to reimburse the CUSTOMER for all sums paid, including delivery costs, but excluding any customs duties and fees paid by the CUSTOMER to the customs authorities when clearing the Order through customs in the country of destination. This reimbursement will be made within fourteen (14) calendar days of confirmation of the loss of the package by the carrier.
• In the event that a package is found to have deteriorated upon delivery, the CUSTOMER must notify L.S.R.P of the anomaly within two (2) calendar days following receipt of the Order. L.S.R.P undertakes to reimburse the CUSTOMER for all sums paid, including delivery costs, but excluding any customs duties and fees paid by the CUSTOMER to the customs authorities when clearing the Order through customs in the country of destination. This refund will be made within fourteen (14) calendar days of confirmation of the anomaly by the carrier.

9.6 - Verification of delivered Products

Upon receipt of the Order, the CUSTOMER must immediately check the condition of the packaging and the Products delivered. Any anomaly concerning the delivery (missing, damaged or non-compliant Product) must be reported within two (2) calendar days of receipt of the Order. After this period, the Products will be deemed to be in conformity and accepted by the CUSTOMER.

Should any anomaly be noted, the CUSTOMER must make precise and detailed reservations with the carrier and inform L.S.R.P by e-mail at lesixrueparadis@gmail.com

Article 10 - Legal Warranties

Under certain conditions, CUSTOMERS may benefit from the legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code) and that relating to hidden defects (articles 1641 to 1648 and 2232 of the French Civil Code). Complaints concerning legal warranties should be sent to L.S.R.P by e-mail to lesixrueparadis@gmail.com

(i) Orders shipped to France, other European Union member states and the United Kingdom:

• Legal warranty of conformity: the CUSTOMER has a period of two (2) years from delivery of the Product to act in the event of lack of conformity of the Product. In the case of second-hand Products, the CUSTOMER is exempted from having to prove the existence of a lack of conformity for a period of twelve (12) months following delivery of the Product. The CUSTOMER may choose between repair or reimbursement of the Product, subject to the cost conditions stipulated in article L217-9 of the French Consumer Code.

It is specified that the legal warranty of conformity only applies to individual CUSTOMERS, and that to be able to invoke the legal warranty of conformity, the defect must exist at the time of purchase.

• Legal warranty for hidden defects: under this legal warranty, the CUSTOMER may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code. It is up to the CUSTOMER to establish that the hidden defect existed at the time of sale.

(ii) Orders shipped outside France, other European Union member states and the United Kingdom:

CUSTOMERS do not benefit from any specific legal warranties.

Article 11 - Miscellaneous

• The Products offered on the Website https://www.lesixrueparadis.com are second-hand and, by definition, may present imperfections. These imperfections are detailed in each Product sheet, except for normal wear and tear.
• Product colors may differ from their actual appearance due to differences in lighting conditions.
• Unless otherwise indicated, no accessories, boxes or dust bags are supplied with the Products.
• Clothing may be altered without this being mentioned on the Product listing description pages.

Article 12 - Liability

The company L.S.R.P has only an obligation of means for all stages of access to the site, the order process, delivery, customer service or subsequent services. L.S.R.P shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular loss of data, intrusion, viruses, disruption of service, and other involuntary problems, or for any event qualified as force majeure, in accordance with jurisprudence.

Computerized registers kept in L.S.R.P's information systems under reasonable security conditions will be considered as proof of communication, orders and payments between L.S.R.P and the CUSTOMER.

Article 13 - Security

The Website https://www.lesixrueparadis.com is protected by a security system: the SSL encryption process has been adopted, and all scrambling and encryption processes have been strengthened to protect all sensitive payment data as effectively as possible.

Article 14 - Intellectual property

All texts, comments, works, illustrations and images reproduced on the Website https://www.lesixrueparadis.com are reserved under copyright and intellectual property law worldwide. As such, and in accordance with the provisions of the intellectual property code, only private use is authorized, subject to different, or even more restrictive, provisions of the intellectual property code. Any total or partial reproduction of the Website https://www.lesixrueparadis.com is strictly forbidden, whether in the form of photos, logos, visuals or text.

Article 15 - Personal data

All the information you provide on the Website https://www.lesixrueparadis.com is used to process your Orders.  

In accordance with the French Data Protection Act n°78-17 of January 6, 1978, you have the right to rectify, consult, modify or delete the data you have provided to us. This right may also be exercised online.

Article 16 - Mediation of consumer disputes

In accordance with the provisions of the French Consumer Code concerning consumer disputes, the CUSTOMER has the right to use the mediation service offered by L.S.R.P. free of charge.

To this end, L.S.R.P is a member of CM2C (Centre de Médiation de la Consommation de Conciliateurs de Justice) - 49 Rue de Ponthieu, 75008 Paris.

The User may at any time consult the provisions of CM2C at https://www.cm2c.net/ or declare a dispute at https://www.cm2c.net/declarer-un-litige.php.

In accordance with article L612-2 of the French Consumer Code, one of the prerequisites for the examination of the dispute by the mediator is that the consumer must have previously attempted to resolve the dispute directly with L.S.R.P.'s customer service department, by sending a complaint by e-mail to lesixrueparadis@gmail.com.

The CUSTOMER may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/

Article 17 - Force majeure

The performance by L.S.R.P of all or part of its obligations, in particular delivery obligations, will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays performance.

This includes, but is not limited to, war, riots, insurrection, social unrest and strikes of all kinds.

L.S.R.P will inform CUSTOMERS of the occurrence of unforeseeable circumstances or force majeure within seven (7) calendar days of its occurrence. Should this suspension continue beyond a period of fifteen (15) calendar days, the CUSTOMER will have the option of cancelling the Order in progress, and the price of the Products ordered and delivery charges paid will then be refunded.

Article 18 - Applicable law and jurisdiction

The General Terms and Conditions of Sale are governed by French law and only French courts shall have jurisdiction in the event of a dispute. Only the French version of these General Terms and Conditions of Sale shall be deemed authentic. In the event of any difficulty arising in connection with the Order, the delivery of the Products or, more generally, the performance of the sale, the CUSTOMER shall have the possibility, before taking any legal action, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his/her choice.

Article 19 - Customer service

For any information or questions concerning an Order, customer service is at your disposal:

• By telephone: +33 (0)4 93 77 94 00
• By e-mail: lesixrueparadis@gmail.com
• Postal address: L.S.R.P - 2 bis avenue Durante - Centre MBE 239 - 06000 Nice - FRANCE