I- IDENTIFICATION OF THE SELLER
These General Conditions of Sale belong to L.N.C., a limited liability company, with a share capital of EUR 5,000, registered with the Trade and Company Register in Paris under no. 511 248 981, with the intra community VAT number FR27 511 248 981 and with the registered office in 4 rue de la Paix 75002 Paris.
II- SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purchase of products (hereinafter referred to as the ”Products ”) proposed on the internet site parfums-de-marly.com (hereinafter referred to as the ” Site ”) is subject to these general conditions of sale (hereinafter referred to as the ” General Conditions of Sale ”).
The Products are intended exclusively for sale to end consumers, individuals or legal persons, excluding all resellers or intermediaries acting on behalf of resellers.
Therefore, the Customer hereby states that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes
L.N.C. can update these General Conditions of Sale at any time. The Customer will take note at any time of the version of the General Conditions of Sale in force by visiting the Seller's Website parfums-de-marly.com.
The General Conditions of Sale in force at the time of the conclusion of the sales contract are those which are binding for the Customer.
In addition, with each purchase of Products on the Site, the Customer will be asked to confirm the acceptance of these General Conditions of Sale in force on the date when the order is placed. These general conditions can be viewed before and at the time when he is asked to confirm that he accepts them. To accept the conditions, the Customer must check the box ”I have read and accept the General Conditions of Sale of the Site parfums-de-marly.com.”.
III- HOW TO ORDER
Any order placed on the Site represents the express acceptance of the General Conditions of Sale and the acceptance of the price of the Products ordered.
The Customer who intends to place an order must follow the procedure below:
1.Product Choice: the Customer must select the Product he wants to order.
2.Check the content of the selection: the Customer checks the content of the shopping cart while maintaining the possibility to remove the Products already selected.
3.Identification: the Customer must fill in the identification form available and provide the requested data (title, surname, first name, date of birth, full address, e-mail, password, phone number for the delivery). This information will no longer be requested from the Customer once the latter has a Customer Account on the Site.
4.Check the Customer's order : the Customer checks the contents of the order, the total price, the delivery and billing addresses, while having the possibility to remove a Product or to change the billing and delivery addresses.
5.Choose the payment method: the Costumer chooses the method of payment (PayPal or credit card).
6.Acceptance of the General Conditions of Sale: the Customer must confirm the acceptance of these General Conditions of Sale by ticking the corresponding box. The validation of the order will be possible only after ticking the box.
7.Acknowledgement of receipt of the order: the Customer receives an e-mail recapitulating the content of his order, namely:
- The number of his order.
- The bank transaction number.
- The list of ordered Products.
- The terms of delivery.
The Customer is advised to keep and print this document as an official proof of the order.
8.Order registration: the order is then registered and processed by L.N.C., which verifies the availability of the ordered Product(s). Any order sent implies the acceptance of the prices and of the descriptions of the Products available for sale.
9.Confirmation of the sending of the order: the Customer receives an e-mail with the contents of the order and a shipping confirmation. The contract is deemed to be concluded on the date of sending this e-mail.
The Customer receives information by e-mail concerning the different stages of the order being processed and prepared up to its shipping. The Customer can track the order by connecting directly to the site of the carrier chosen when ordering. The Customer also receives information by e-mail concerning the different stages of the order being processed and prepared up to its shipping.
IV- ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
The Customer may, prior to any order, take note, on the Site, of the essential characteristics of the Product(s) he wishes to order, by clicking on the Product.
He is aware of the possibility of visiting stores in France and Europe to obtain additional advice and to test the Products.
While every effort is made to ensure that the appearance and colour of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations of colour rendering on the Customer's devices.
Therefore, L.N.C. cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the Products appearing on the Site.
V- PRODUCT AVAILABILITY
The offers and prices of the Products are valid as long as they are visible on the Site, within the limits of available stocks. Errors or modifications may exist, by way of exception, in particular in the case of simultaneous orders of the same Product from several Customers.
In the event of unavailability of a Product after placing an order, L.N.C. will inform the Customer thereof by e-mail or by telephone as soon as possible, offering them either the possibility of ordering another Product displayed on the Site, or cancellation of the order free of charge. L.N.C. does not incur any responsibility for Products which are out-of-stock or unavailable and an order for which has not yet been accepted by it.
L.N.C. reserves the right to change the Products offered on the Site at any time and without notice. In order to ensure a better quality of service and availability of its Products to all of the Site's Customers, L.N.C. reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular those of Article L.121-11 of the French Consumer Code.
L.N.C. reserves the right not to accept any order from a Customer with whom there is a dispute for a previous order, or if L.N.C. reasonably considers that said Customer has violated the General Conditions of Sale or that he was engaged in fraudulent activity, or for any other legitimate reason.
Product prices are shown on the Site in EUR, and all taxes are included (TTC). Except in cases of reimbursement resulting from the exercise of the right of withdrawal or for lack of conformity and hidden defects, L.N.C. will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receipt, sends the Products on to a country outside the European Union).
L.N.C. reserves the right to change the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices displayed on the Site when the order is placed, subject to the availability of the Products ordered at that time.
In the event of a display error presenting a significantly lower price compared to the actual price of the Product sold, L.N.C. reserves the right to cancel the order. In such a case, the consumer will have to choose between:
• Paying the actual price of the Product, less the amount already paid if settlement has already taken place. In this case, the consumer will receive the Product he ordered in the first place.
• Reimbursement of the amount already paid if such a settlement has already taken place. In this case, the Product ordered in the first place will not be delivered to the consumer.
All orders must be paid for immediately upon placing the order. If certain Products ordered are out of stock (see Article V "Product Availability"), only the price and transport fees regarding the available Products will be charged.
VII- TERMS OF PAYMENT
Several payment methods for Products ordered on the Site are possible:
• By credit card: payment is made on the website of the L.N.C.'s partner bank, HSBC. This implies that no banking information concerning the Customer passes through the Site. Payment by credit card is therefore perfectly secure, thanks to the SSL protocol. The order will thus be recorded and validated, upon acceptance of payment, by the banking service. No confidential payment data is stored by L.N.C.;
• By PayPal (secure online payment system): Customers with a PayPal account enter the e-mail address linked to their PayPal account and their PayPal password. Financial and personal information is automatically encrypted when sending any sensitive information to PayPal servers. In the case of an item return, the refund will be made in the form of a credit to the PayPal account used for the payment of the original order.
The ordered Products remain the property of L.N.C. until full receipt by L.N.C. of the payment.
However, the Customer assumes the risks related, in particular, to loss, theft or damage to the delivered Products from the time they are delivered to the address indicated in the order.
IX- DELIVERY TERMS
The Products ordered online on the Site will be delivered to the address indicated, shipping costs will be offered by L.N.C.
The average time between placing an order and its delivery is 3 to 5 working days, depending on the destination. This is an average delivery time. Exceeding this period may not give rise to any cancellation of the order, to any reduction in the price paid by the buyer, or to any compensation for damages. L.N.C. will therefore not be held liable in the event of late delivery by the carrier.
However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in case of lack of delivery after the expiration of a period of thirty days from the day following the day on which the Customer sent the order, the latter will have the option of cancelling it free of charge. He will be reimbursed with the full amount paid. Where possible, L.N.C. reserves the right to offer the Customer a Product of the quality and at a price equivalent to the initial Product.
A delivery note is attached to the package, which must be kept, as it serves as proof of delivery.
The Customer must verify the conformity of the Products at the time of delivery and before signing the carrier's delivery note. He must indicate on this delivery note, in the form of handwritten reservations, accompanied by his signature, any anomaly concerning the delivery (damaged product ...). This verification is considered to have been carried out once the Customer, or any other person of his choosing, has signed the delivery note. No complaint about the condition of the Product(s) delivered will be accepted thereafter.
In the event of reservations, the Customer must also confirm these reservations by registered mail to the carrier no later than 15 working days following the receipt of the Product(s), and a copy of this letter shall be sent to Customer Service at the address of L.N.C., 4 rue de la Paix - 75002 Paris.
In the event of an incomplete address, wrong address, refusal of the package by the consignee or a representative, or lack of information making it impossible to deliver the Product(s) to the consignee on time, L.N.C. cannot be held responsible for the final quality of the delivery. If this lack of information leads to a second attempt of delivery to the consignee, L.N.C. will be entitled to ask the Customer for the costs corresponding to this second attempt of delivery.
If the consignee is absent at the delivery address, L.N.C. cannot be held responsible for the final quality of the delivery.
Any complaint concerning the delivery of the Products must be made within 14 days of the day of delivery. The Products must be returned in their original condition (packaging, accessories, etc.) to the Customer Service at the address mentioned above.
X- WITHDRAWAL, REIMBURSEMENT AND RETURN
A.Right of withdrawal
In accordance with Articles L. 121-16 et seq. of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Site to notify the Customer Service if he wants to return the Product.
For any return, the Customer must first contact the Customer Service at the e-mail: firstname.lastname@example.org
B.Return of Products
The Customer is required to return the Product(s) no later than 14 days following the communication of his decision to return the Product(s) to us. Any package returned to us beyond this period won’t be refunded or exchanged. The costs and risks associated with returning the Product(s) belong to the sender.
Products must be returned in their original packaging, in perfect condition, unused, accompanied by all accessories. The Customer must first contact the Customer Service at the e-mail: email@example.com in order to find out the address to where the Products need to be reshipped.
All returns by regular mail must be sent by registered mail with acknowledgment of receipt. Upon the receipt of the Product(s) returned by the Customer, the Customer Service will send a confirmation of having received the Product(s), by e-mail.
L.N.C., in the event of a valid exercise of this right by the Customer, will repay the latter the amounts paid by him corresponding to the acquisition of the returned Product(s), within a maximum period of fourteen days, according to the method of payment used at the time of purchase.
This period of fourteen days will begin on the day of receipt of the Product(s) in perfect condition and regularly packaged.
In the event of a return caused by the defective nature of the Product(s) (other than the visible defects stated in Article IX of these General Conditions of Sale), the Customer will first have to contact the Customer Service by e-mail: firstname.lastname@example.org in order to be issued a number and a return ticket.
The Customer is required to return the Product(s) no later than 14 days following the communication of the decision to return the Product(s) to us. Any package returned to us beyond this period will be rejected. No package will be accepted without a return number, which must be written with a marker legibly on the package. The costs and risks associated with returning the Product(s) belong to L.N.C.
Products are returned to the address of L.N.C., 4 rue de la Paix - 75002 Paris, in their original packaging, in the condition in which they were received, unused, along with all accessories, and the return slip on the back of the delivery slip.
The Customer Service will send confirmation of receipt of the Product(s), by e-mail.
L.N.C., in the event of a valid exercise of this right by the Customer, will replace or repay the latter the amounts paid by him corresponding to the acquisition of the returned Product(s), within a maximum period of fourteen days, by bank transfer to the account linked to the payment card bearing the Customer's name.
This period of fourteen days will be deferred until the day of recovery of the returned Product(s), or until the Customer provides the proof of shipment of the Product(s), whichever is the earlier.
XIII- LIMITATION OF LIABILITY
In any case, L.N.C. shall not be held liable for any damage unless it is caused by the failure of L.N.C. to meet any of its obligations.
XIV- DATA PROTECTION ACT
When the Customer signs up on the Website, L.N.C. collects the Customer's personal details (personal data, e-mail address, title, etc.) through the registration form. Providing personal information concerning the Customer is essential for the processing and delivery of the orders. The ordering process on the Website requires a Customer Account to be created, in which the Customer's details are stored and protected by a password that the Customer himself chooses. L.N.C. reserves the right to use the data, provided by the Customer, for commercial purposes, if the latter accepts so when registering his data on the Website. In the absence of an express acceptance by the Customer, he is presumed to have renounced this right of objection.
This data is strictly confidential and exclusively intended for L.N.C. They will be processed in strict compliance with the provisions of the "Data Protection Act" ("Informatique et Libertés" Law) no. 78-17 of 6 January 1978, and those of the EU 2016/679 Regulation of the European Parliament, and those of the Council of 27 April 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
The information we collect is:
- Contact (e.g., e-mail address);
- Information relating to orders, tracking and invoices;
- Information delivered to our Customer Service;
- Data on health, in case of an adverse effect of one of our Products;
- Bank details when placing an order on our Website.
Data is processed in order to:
- Allow the creation of a Customer Account on the web page, and also in the stores;
- Manage Customer's access to his Customer Account;
- Process and manage the orders, and their delivery, online;
- Ensure the security of online transactions, prevent fraud and payment incidents, and manage collections;
- Manage the relationship with the Customer in the context of requests for information or complaints;
- Offer tailored and personalised services, particularly in the context of product development;
- Carry out statistical analyses to develop management, measurement and reporting tools in order to adapt and improve our sales, marketing and product manufacturing activities;
- Subject to the Customer's consent: sending information on offers, news and events;
This processing is necessary with regard to:
- The execution of the sales contract concluded between L.N.C. and the Customer.
- The legitimate interest of L.N.C. for the purposes of marketing management, securing digital media (Internet sites, applications, etc.) and, in particular, the fight against fraud;
- When the Customer has given his consent for the processing of his data, in particular for the purposes of managing our commercial prospecting, his browsing data via cookies, etc. ;
- The compliance with the legal obligations, in particular tax liabilities (conservation of purchase invoices) and cosmetics monitoring with regard to EU Regulation 1223/2009 of November 30, 2009 relating to cosmetic products.
Personal data is processed by L.N.C. staff, who ensure that only authorised persons can access this personal data, when necessary, for the purposes of managing the commercial relationship or for legal obligations.
Personal data may possibly be communicated to:
- Site hosting and maintenance providers;
- Payment service providers;
- Fraud prevention service providers;
- Transport providers;
- Marketing solutions providers;
- Providers of commercial prospecting and communication management via social networks;
- Customer service providers;
- Third parties, to meet legal, regulatory or contractual obligations, or to respond to requests from legally empowered authorities.
The legal retention periods defined by L.N.C. respect the recommendations of the CNIL and/or the legal obligations.
In accordance with the regulations in force, in particular the GDPR, the Customer has the right to access and amend his personal data, as well as the right to request personal data to be removed, to oppose their processing for legitimate reasons, and to obtain their limitation or portability to the extent that this is applicable.
The Customer also has the right to issue specific or general directives concerning the storage, removal and communication of personal data post-mortem.
These rights can be exercised directly with L.N.C., by e-mail to the address email@example.com, or by regular mail to the following address: L.N.C., 4 rue de la Paix – 75002 Paris, accompanied by an identity title.
The Customer may request, at any time, to no longer receive communications relating to offers, news and events by using the hypertext link provided for this purpose in each e-mail sent.
You also have the right to file a complaint with the National Commission for Data Protection (Commission nationale de l’informatique et des libertés), 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07.
Finally, please note that, subject to the Customer's consent when he visits the Site, cookies may be installed on the Customer's computer when using this Website. A cookie is only intended to record information relating to the Customer's browsing, and makes it easier to reconnect to this Site, avoiding the need to fill in certain previously requested elements.
XV- INTELLECTUAL PROPERTY
All documents, text data, graphics, images, photographs or any other content posted on the Website are the exclusive property of Euro Parfums FZE (E.P.), head office of L.N.C. Consequently, they may not be reproduced, utilised, or used for any purpose whatsoever without the express authorisation of the director of the publication.
E.P. holds all the intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and to the brands and the distinctive signs under which the Products are marketed (such as the design).
The Customer, without reservations, recognises as such the intellectual property of E.P. and agrees not to undermine it in any way. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through the intermediary of a third party, for his benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights relating to the Products and brands belonging to E.P.
XVI- FORCE MAJEURE
"Force majeure" means all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party which suffers a case of force majeure. In the event that L.N.C. would be prevented or delayed by a case of force majeure in the performance of its commitments, L.N.C. undertakes to inform the Customer thereof within 72 hours, specifying the exact elements of the force majeure, the reasonably foreseeable duration of the delay, or the impediment.
L.N.C. will then be released from any liability related to the non-performance or delay in the performance of its obligations, but undertakes to make every effort to resume full performance without delay.
In such a case of force majeure, L.N.C. may cancel the order or any part of it, at its discretion, without liability; on the condition, however, of reimbursing the Customer for the amounts already paid.
The Customer may not invoke, in any way a case of force majeure to release himself, even temporarily, from an obligation to pay any amount of money.
XVII- APPLICABLE LAW – DISPUTE SETTLEMENT
These General Conditions of Sale are governed and interpreted in accordance with French law.
In the event of a dispute relating to the application and/or interpretation of these General Conditions of Sale, the Customer has the option of resorting to a conventional mediation procedure, or any other alternative procedure, for the settlement of the dispute.
In accordance with Ordinance No. 2015-1033 of August 20, 2015 and the Implementation Decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement after the mediation at the CMAP - Centre de Médiation et d'Arbitrage de Paris.
Sales of L.N.C. products are subject to French law, regardless of the Customer's country of residence and the place where the order is placed. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between L.N.C. and the Customer, even in the event of several respondents, in the absence of an amicable agreement, will be under the exclusive jurisdiction of the competent French courts under the rules laid down by the French Code of Civil Procedure.