GENERAL TERMS AND CONDITIONS FOR SALE OF PROPERTY TO INDIVIDUALS
Preamble - the Supplier Editor
SAS LES PARFUMS DE VIOLET, a simplified joint-stock company with a capital of 2,000 euros, whose registered office is 31 rue Etienne Marcel 75001 PARIS, registered with the RCS of PARIS under number 820 113 298, VAT number FR90820113298 and telephone 09 81 97 19 69, which is active in the manufacture and sale of perfumes and perfumery and cosmetic products, wished to set up a network for the distance selling of certain of its products (hereinafter the "Products" ) on the website www.maisonviolet.com (hereinafter the "Website").
Article 1 - Purpose
These General Conditions of Sale apply to all online sales of Products between SAS LES PARFUMS DE VIOLET and any non-merchant physical person making a purchase on the Website (hereinafter the "Customer"), with a delivery in Metropolitan France and / or in a member country of the European Union. The Customer must have an Internet connection. It is expressly stated that the costs of using Internet access are the sole responsibility of the Client. The use of the distance selling process described in these General Conditions of Sale is exclusively reserved for consumers acting on their own account. Before validating his order, the Customer must accept, by clicking in the indicated place, the present General Conditions of Sales of which he declares to have taken knowledge. The validation of his order entails his full and unreserved acceptance of these General Conditions of Sale.
Article 2 Products
The list of products offered by the SAS LES PARFUMS DE VIOLET in the context of distance selling is available on the Website. Products are described and presented (wording, characteristics, prices) with the greatest possible accuracy. However, it is possible that the photographic representation of a Product does not correspond exactly to that which will be delivered, given the craft nature of the manufacture and / or the natural nature of some of the components used (the color of the perfume juice may in particular vary). Photographs and descriptions of the Products are only indicative and in no way bind the SAS LES PARFUMS DE VIOLET. The SAS LES PARFUMS DE VIOLET reserves the right at any time to add and / or delete Products and / or modify the presentation of the Products, without any special formalities towards Internet users. The responsibility of the SAS LES PARFUMS DE VIOLET can under no circumstances be sought in case of allergy due to the components used in its Products. The Customer is required to check the components before ordering.
Article 3 Price
3-1/ The prices of the Products are indicated in euros inclusive of VAT (it being specified that the taxes included are the French taxes). Unless expressly stipulated otherwise when placing an order on the Website, the delivery costs of the Products are covered by the SAS LES PARFUMS DE VIOLET. The price, inclusive of VAT, of each of the Products selected and the amount of the delivery costs (if these costs are not paid for by the SAS LES PARFUMS DE VIOLET) are indicated to the Customer before the order is validated. At the time of delivery, the Customer will receive, in the form of a bill, the written confirmation of the price paid detailing the price of the Products and, if applicable, the delivery costs charged to him. 3-2/ The sums paid can't be considered at any time as deposits or down payements.
Article 4 – Product Orders
4-1 : Placement of order The Customer has the possibility to purchase a Product online, within the limit of the available stocks, by means of an order form which appears on the Website, specifying certain mandatory fields. The Client must identify himself, choose the delivery address, the method of delivery and the method of payment. All steps necessary for the sale will be specified on the Website. All orders shall constitute acceptance of the prices and descriptions of the Products. Before validating his order, the Customer will be able to check the details of the order and the total price and, if necessary, to correct any errors, before confirming his order by clicking in the indicated place (" order "), to express its acceptance. The final acceptance of the Customer is materialized by the payment of his order by clicking on the "pay" button. 4-2 : Confirmation of order The Customer will receive, without delay and by electronic means, an acknowledgment of receipt following the validation of his order, specifying: an order number; information on the Products ordered; the summary of the Customer's personal data including the delivery address. However, the sale will not be considered final until after the sending by the SAS LES PARFUMS DE VIOLET by e-mail of a confirmation of the acceptance of the order to the Customer, once the bank checks have been carried out, specifying the method of delivery and the delivery deadlines and after collection by the SAS LES PARFUMS DE VIOLET of the entire price. This confirmation e-mail contains the enclosed bill for the payment for the order. The computerized registers kept in the computer systems of the SAS LES PARFUMS DE VIOLET under reasonable conditions of safety, will be considered as evidence of orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable basis, which can be produced as proof. 4-3 : Cancellation and refusal of order The SAS LES PARFUMS DE VIOLET undertakes to honor orders only within the limit of available stocks. In the absence of availability of a Product ordered, the Customer will be informed by e-mail by the SAS LES PARFUMS DE VIOLET. The cancellation of the order for this Product and its possible reimbursement will be made within 30 days of the order, the remainder of the order remaining firm and final. The SAS LES PARFUMS DE VIOLET reserves the right, in certain cases and in particular in the event of non-payment, erroneous address or other problem on the purchaser's account, to block the Customer's order until the problem is solved. SAS LES PARFUMS DE VIOLET will be entitled to cancel the online purchase process if, for any reason whatsoever, the collection of sums owed by the Client proves impossible. It shall also be entitled to refuse any abnormal or past order in bad faith or any order from a Customer who has not paid all or part of a previous order or with which a dispute is pending.
Article 5 – Payment terms
5-1 : Payment methode The Customer's order is accompanied by a payment obligation, which means that the ordering process implies payment by the Customer of his order. Payment of the purchases of the Customer is made only by credit card Visa or Mastercard. The Client communicates, in a secure environment, the number, the expiry date and the three numbers of the visual cryptogram on his credit card. Any charges and / or commissions related to the use of a foreign bank card on the Website will be fully taken in charge by the Customer. 5-2 : Control of banking data The Customer guarantees to the SAS LES PARFUMS DE VIOLET when validating his order that he is the holder of the bank card and that the name on the credit card to be debited is indeed his . All purchases made on the Website are protected and secure. The Website uses an SSL payment model which ensures the maximum security of the data communicated and which carries out various checks to avoid abuse and fraud. The SAS LES PARFUMS DE VIOLET reserves the right to cancel the online purchase process which, when verifying bank details, presents the risk of fraudulent use of a bank card or in case of refusal of payment authorization by credit card from officially accredited bodies.
Article 6 – Delivery
Delivery refers to the transfer to the Customer of the physical possession or control of the property. 6-1 : Delivery methode The Customer will be informed by e-mail of the shipment of his Products, the delivery methode and the follow-up of his order. 6-2 : Place of delivery It is reminded that the offers of Products offered on the Website are limited to orders placed to delivery in Metropolitan France and / or in a member country of the European Union of which the Client will find the list on the Website on the « Stores » page. The Products are delivered to the address indicated by the Customer during the online purchase process. The Customer must ensure its accuracy. In case of error of the Customer in the delivery address and if the parcel is returned with the mention NPAI ("does not live at the indicated address"), in this case, the Client will be reimbursed the whole of its order at the invoiced price excluding delivery costs which remain at the expense of the Customer, after deduction, if necessary, of the return costs paid by the SAS LES PARFUMS DE VIOLET. The ownership of the Product and the risks are transferred to the Customer at the time of delivery of the Products to the Customer. However, in the event of an error of address emanating from the Client, the risk is transferred to the Client from the date of delivery and until return to the SAS LES PARFUMS DE VIOLET. 6-3 : Delivery deadlines The delivery of the Products ordered will take place within the timeframe communicated by the SAS LES PARFUMS DE VIOLET and, in any event, at the latest within 30 days from the date of the confirmation of the order, subject to full payment of the prize. In the event of non-compliance with the delivery deadline, except in case of force majeure provided for in article 12 below, the Customer must, before requesting the resolution of the sale, order the SAS LES PARFUMS DE VIOLET to execute within a reasonable additional time. In the absence of execution at the expiration of this new period, the Customer may freely resolve the sale. The Customer must accomplish these successive formalities by registered mail with acknowledgment of receipt or by writing on another durable medium. The sale shall be deemed to have been resolved upon receipt by SAS LES PARFUMS DE VIOLET of the letter or writing informing it of this resolution, unless the SAS LES PARFUMS DE VIOLET has been executed in the meantime in accordance with the above- Article L216-2 of the Consumer Code. In the event that the sale is resolved, SAS LES PARFUMS DE VIOLET will proceed to the reimbursement of all the sums paid within 14 days from the date on which the sale was denounced in accordance with article L216-3 of the code of the consumption.
7 – Product withdrawal and Return
7-1: Right of withdrawal The Customer can exercise a right of withdrawal, without having to give reasons for its decision, within 14 (fourteen) days from receipt of the product (s) ordered. In accordance with Article L221-28 of the Consumer Code, the right of withdrawal may not be exercised for orders relating in particular to: the supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or protection of health. In any case, only the Products returned in their original packaging, complete and intact, will be accepted, allowing them to be re-branded as new, accompanied by the purchase invoice. Products returned incomplete, damaged, or in any other condition that would reasonably be expected to have been used, will not be refunded or exchanged and will be returned to Customer. As for perfumes, any fragrance that would not be returned in its original packaging and intact - the crystal film covering the case of the perfume to be always sealed - will be refused. 7-2 : Exercise of the right of withdrawal The Customer must notify his decision of withdrawal by means of a declaration without ambiguity: for example by e-mail by writing to email@example.com; by registered mail with acknowledgment of receipt at 31 rue Etienne Marcel, 75001, PARIS (the Client may use the template of the withdrawal form appended hereto) or use the dedicated platform on the Website under the « Returns » tab. 7-3 : Procedure for Return of Products and Refund The Customer must, within 14 days of notification of his decision to withdraw, return the Products concerned to the following address: 31 rue Etienne Marcel, 75001, PARIS. The return costs of the Products are at the customers expenses, as well as any taxes and / or customs duties that the Customer would have paid, unless more favorable public policy provisions exist. It will be the Customer's responsibility to provide proof of such return, which implies that the Products must be returned by registered mail or by any other means giving certain date of receipt, the costs and risks of return remaining at the Customer's expense. In such a case, the Client will be reimbursed for all of his order, including standard delivery charges (ie those corresponding to the lowest-priced delivery offered by the SAS LES PARFUMS DE VIOLET) period of 14 days from receipt by the SAS LES PARFUMS DE VIOLET of the entirety of the Products returned by the Client under the conditions provided above. The reimbursement will be made according to the same method of payment as that chosen by the Customer during his initial order.
8 – Legal Warranty of Conformity and Legal Warranty of Hidden Defects
Reproduction of Articles L. 217-4, L. 217-5, L. 217-9 and L. 217-12 of the Consumer Code:
Art. L.217-4 of the Consumer Code: "The seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where this has been charged to him by the contract or has been carried out under his responsibility. "Art. L.217-5 of the Consumer Code: "The property is in conformity with the contract: (1) If it is suitable for the customary use of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities which he has presented to the purchaser in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. Art. L.217-9 of the Consumer Code: "In case of non-conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then bound to proceed, unless it is impossible, according to the modality not chosen by the buyer ". Art. L.217-12 of the Consumer Code: "Action resulting from lack of conformity shall be prescribed by two years from the date of issue of the goods".
Reproduction of Articles 1641 and the first paragraph of Article 1648 of the Civil Code:
Art. 1641 of the Civil Code: "The seller shall be liable for the hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended or which so diminish such use that the buyer would have not acquired, or would have given a lesser price if he had known them. "
Art. 1648, paragraph 1 of the Civil Code: "The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect".
The SAS LES PARFUMS DE VIOLET guarantees the conformity of the Products, enabling the Customer to make an application under the legal guarantee of conformity provided for in articles L217-4 and following of the French Code of consumption or the guarantee of defects of the thing sold within the meaning of articles 1641 et seq. of the French Civil Code.
In case of implementation of the legal guarantee of conformity, it is recalled that: - the Customer has a period of 2 years from the issuance of the property to act; - it can choose between the repair and the replacement of the property, subject to the cost conditions provided for by Article L217-9 of the Consumer Code; - he is exempted from furnishing proof of the lack of conformity of the goods during the 24 months following the delivery of the goods; - the legal guarantee of conformity applies irrespective of any commercial warranty that may have been granted. In the event of the implementation of the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
8a : Apparent conformity defects - fault, damaged package
It is the Customer's responsibility to check the status of the Products and their conformity with their order at the time of delivery. In the event that the items delivered are not in conformity with his order or are damaged, the Customer must indicate: errors in delivery and / or non-conformity of the Products in kind or in quality compared to the indications on his order, or the anomalies noted and make all claims and reservations to the Customer Relations Department of the SAS THE VIOLET PERFUMES (under the conditions stipulated in article 9) at the latest within 3 working days following the reception of the Products. Any claim made after this deadline will be rejected. If the products need to be sent back to the SAS THE PERFUMES OF VIOLET, they must be the subject of a request of return to the SAS THE PARFUMS OF VIOLET within 7 days following the delivery. Any request made outside this period can not be accepted. The return of Products can only be accepted for products in their original state (packaging, accessories, notice ...) to the following address 31 rue Etienne Marcel, 75001, PARIS. The expenses of return are the responsibility of the SAS LES PARFUMS DE VIOLET. The Client will have the option to request the refund of the sums paid within 30 days of their payment, ie the exchange of the Product.
Article 9 - Customer relations
For any information, complaint or question relating to these General Conditions of Sale or the Products, the Client can contact the SAS LES PARFUMS DE VIOLET by e-mail to the following address firstname.lastname@example.org or by calling the telephone number next: 09 81 97 19 69.
Article 10 : Protection of privacy and personal data
SAS LES PARFUMS DE VIOLET undertakes to respect the strictest confidentiality regarding the identity of its Clients. The Customer is informed that the personal data communicated to the SAS LES PARFUMS DE VIOLET under his order will be filed for the sole necessity of the smooth running of the order, the management of the commercial relations and the invoicing of the order. They may be communicated to partners of the SAS LES PARFUMS DE VIOLET responsible for the execution, processing, management and payment of orders. In accordance with the "Informatique et Liberté" law of 6 January 1978 amended by the law of 6 August 2004, the Customer has the right to access, rectify, delete and oppose personal data concerning him. The Customer shall exercise his rights by writing to the head office of the SAS LES PARFUMS DE VIOLET.
Article 11 - Intellectual Property
All contents of the Website, whether textual, visual or sound and its technology are the exclusive property of the SAS LES PARFUMS DE VIOLET except for the content on the "history" tab. Clients agree to make no use of these contents and technologies. The Products of the SAS LES PARFUMS DE VIOLET, their denomination and the marks used by the SAS LES PARFUMS DE VIOLET are also its exclusive property and are protected as such by French and international laws and regulations. Any reproduction, representation and / or adaptation of the Website, the trademarks of the SAS LES PARFUMS DE VIOLET, the names and / or models is strictly forbidden in any form and in any context whatsoever. Failure to respect the rights of the company SAS LES PARFUMS DE VIOLET would constitute an act of counterfeiting and / or unfair competition, sanctioned by criminal law and civil law by the laws in force and likely to result in the award of damages.
Article 12 : Force majeure
In the event of force majeure or a fortuitous event, the performance by SAS LES PARFUMS DE VIOLET of all or part of its obligations will be suspended. The following shall be regarded as such, but not limited to, natural disasters such as earthquakes, fires, storms, floods, blockade of means of transport or supplies, embargo on exports or imports, termination of telecommunication networks. In the event of an event of force majeure or unforeseeable event, SAS LES PARFUMS DE VIOLET will inform the Client within 7 days of its occurrence. If the suspension lasts longer than three months, the Customer may cancel his order and will be refunded.
Article 13 – Customer Information:
The SAS draws the attention of the Customer to the fact that the Products sold and especially the Perfumes are likely to stain the textiles what the Customer recognizes. The SAS LES PARFUMS DE VIOLET will not be held liable in this capacity. The Customer is also informed that the Products may contain allergenic components and that it is his responsibility to know the composition of each product before any purchase and / or use. The SAS LES PARFUMS DE VIOLET can not see its responsibility committed in case of allergic reaction.
Article 14 - Applicable law and reference language
These General Terms and Conditions of Sale are subject to French law, except for national provisions of more favorable public order. The reference language of these General Conditions of Sale is French.
Article 15 – Litigation and mediation
In the event of a dispute, the Client may resort to a mediation procedure, in particular to the Consumer Mediation Commission or to the existing sectoral mediation bodies, or to any alternative dispute resolution procedure. Any dispute between the SAS LES PARFUMS DE VIOLET and a Customer which can not be resolved amicably will be the exclusive competence of the courts of Paris, even in case of plurality of defendants, or call of guarantee, more favorable national public policy.
Article 16 : Miscellaneous provisions
If any provision of these Terms and Conditions of Sale is canceled, the remainder will remain valid. The annulled provision shall be replaced by a provision as nearly as possible consistent with the applicable legislation. SAS LES PARFUMS DE VIOLET reserves the right to modify these Terms and Conditions on an ad hoc basis. They will be applicable as soon as they are put on line.