Terms of sale

Preamble

The present website www.orparfums.com (hereinafter the “Website”) is published by Salon Privé Parfums France, with registered capital of €27,600, registered at the Cannes Trade and Company Register under number 484438056, having its registered office at 6, Boulevard de la République, 06400 Cannes, France (hereinafter the “Company” or “we”/”us”).

1. General provisions

1.1. Subject matter of the T&C

These Terms and Conditions (hereinafter the “T&C”) apply to any order or pre-order placed by a customer on the Website (hereinafter the “Customer” or “you”).

The T&C and your order together constitute the contractual provisions binding on the parties (the “Contract”), to the exclusion of any other document, prospectus, catalog, FAQ, or photograph of products on the Website which are provided for information purposes only.

These T&C and all the other contractual documents are written in French. Translations into English of the Website and the present T&C are provided for information purposes only. In the event the English version varies from the French version of the Website and T&C in any way, the French version takes precedence.

1.2. Enforceability of the T&C

The T&C is provided to you and all internet users on the Website, where they can be viewed directly.

You acknowledge that you have read and understood the T&C, and hereby expressly agree to them. This agreement will be given with every order, once you click on the checkbox indicating that you agree to the T&C. In so doing, you unconditionally agree to all of the stipulations contained herein. The T&C is valid for the length of time necessary to supply the goods until the relevant guarantees expire.

Our decision not to enforce, at any given time, a prerogative stipulated herein, or not to require performance of any obligation in the provisions hereof, cannot under any circumstances be construed either as an amendment to the contract or as an express or implied waiver of the right to enforce said prerogative in future or the right to require strict performance of all the obligations contained herein.

If any provision of the T&C is deemed unlawful or unenforceable by a legal ruling, the other provisions will remain in force and effect.

1.3. Amendments to the T&C

In view of the possible developments to our Website and changes to our goods, we reserve the option to adapt or amend these T&C at any time. We consequently suggest you consult these T&C before placing each new order. The T&C applicable are those in force on the order date; a dated copy can be provided to you on request.

1.4. Intended users of offers on our Website

To use the offers presented on the Website, you must have the legal capacity to enter into a contract, including these T&C, i.e. you must be legally adult and not under guardianship or deputyship.

Furthermore, you must hold the means of payment appropriate to your order or pre-order.

Lastly, orders can be placed only by consumers, within the meaning of the French Consumer Code, whether residing in the European Union or elsewhere.

1.5. Product characteristics

All the products that we offer on our Website have individual descriptions stating their key characteristics within the meaning of the French Consumer Code. However, the photographs illustrating the products do not constitute contract documents and are only for guidance.

In addition, products on our Website meet French legal provisions relating to the health and safety of persons, fair trading, and consumer protection in force on the date of your order.

1.6. Available stocks

Completion of your purchase on our Website occurs subject to the availability of your chosen product.

If the product you have ordered is unavailable, we will inform you of this promptly by electronic mail or telephone (depending on the contact details you have provided) and suggest a product of equivalent quality and price or, failing that, a voucher in the amount of the order value which can be used against a subsequent order on the Website.

In the event of disagreement, or lack of response on your part, we will refund the money paid within no more than thirty (30) days from the order cancellation, using the same payment method as was used to place the original order.

Other than refunds for unavailable products, no other compensation is offered for canceled orders

1.7. Gift cards

1.7.1. Validity

When buying a Gift Card on our Website, you credit the card with the desired amount, then give it to your chosen recipient or use it yourself. You determine the value of the Gift Card when placing your order. This Gift Card is accepted as a means of payment for any order placed using our Website, and cannot be used for other firms or on other websites.

The Card can be used once or more until the credit balance is exhausted or the expiry date is reached.

Gift Cards are valid for two (2) years from the date of purchase on the Website.

More than one Card can be used to pay for a given order. In the event of part payment, the difference can be settled by any other payment method accepted on the Website. Sums credited to Gift Cards cannot be refunded or exchanged. These sums can no longer be used after the Card’s expiry date.

You undertake to inform the Gift Card recipient of its expiry date and the conditions under which it can be used.

1.7.2. Gift Card ordering process

Select the Card and decide the amount to be credited to it. A summary of the order contents and value is presented to you for confirmation.

You can then supply your contact details, your delivery address, and any discount codes you are using, or log in if you have an account on the Website.

Then confirm the delivery method, and lastly choose the payment method and billing address, make any changes that might be required to the order and review it, before finally confirming it.

Your order is only definitively recorded after the final confirmation on the summary screen and then, if need be depending on the payment method selected, on payment of the price.

This step is deemed equivalent to a manual signature in the French Civil Code and the formation of a contract in digital form.

We will send an automated email acknowledging receipt of the order and payment thereof without undue delay.

2. Order rejection

We reserve the right to refuse any order after having acknowledged receipt, for legitimate reasons, and in particular, in the event of information from the bank handling payment for the order indicating it is not impossible to effect payment for the order using the payment method chosen.

3. Archiving and evidence

Pursuant to the provisions of the French Civil Code, you acknowledge and agree that digital data recorded on servers belonging to us, or placed under

our control and kept in reasonable security conditions, is considered evidence of any instruction, order, payment, use of a service or any other interchange (electronic messages, etc.) between the parties. These computer records constitute admissible evidence under the same conditions and with the same probative value as any document produced, received, or held on paper and will be deemed authoritative between you and us until proven otherwise.

4. Payment and prices

4.1. Prices

In accordance with the French Consumer Code, prices for each of the products and services listed on the Website are given in euros inclusive of all taxes, including VAT at the rate in force in France on the day of the order.

Any extra charges for transport, delivery, or postage that might be payable (e.g. delivery outside France) in addition to the price are indicated on the order confirmation page.

We reserve the right to change prices, without notice, at any time, it being understood that products will be billed on the basis of the prices in force at the time of recording your order on the Website, subject to product availability at that date.

The total amount you owe is stated on the order confirmation page.

4.2. Cost of using remote communication technology

The Website is accessed using the internet. Customers bear the cost of accessing the internet by means of remote communication services.

4.3. Payment

All orders placed on the Website are orders entailing a payment obligation.

The price is payable in full on the day of the order, and payment for the order is to be made in “cash” (i.e. no credit terms) on the day of the order. Payment within the meaning hereof means making cleared funds available to us.

4.4. Terms and conditions of payments

Payment is effected:

by bank card: Bank cards are accepted. You must provide the details of your bank card (card number, expiry date, security code) using the secure interface run by our payment services partner. Payment will be taken immediately. Under no circumstances do we have any access to your bank details.
by PayPal: Payments are made directly on the PayPal website, via pages encrypted using the TLS (Transport Layer Security protocol). Under no circumstances do we have any access to your bank details.
by Apple Pay: You can also pay for your order using your personal Apple Pay account. Under no circumstances do we have any access to your bank details.

4.5. Payment default

You guarantee to us that the payment method used is currently valid and is not an unauthorized or fraudulent transaction.

In all cases, orders are processed on receipt of payment, subject to the successful clearing of said payment. If payment is declined by the bank or any other financial institution, your order will be canceled automatically.

5. Delivery

5.1. Place of delivery

Delivery of products ordered occurs at the delivery address you supplied when placing your order; this address can be either your home address or the address of any other individual of your choosing. Delivery cannot be made to hotels or PO boxes.

When supplying your delivery address, you must ensure the information given is both accurate and complete. We cannot be held liable for any inability to deliver the product(s) ordered in the event of an error in the recipient’s delivery address details.

Ownership of the products is transferred to you on the delivery date unless payment in full has not been received with the order.

5.2. Delivery charges

Delivery charges are stated at the time of order confirmation.

5.3. Delivery lead times

Delivery lead times will be given on the Website when the order is placed.

They vary on the basis of the delivery method selected and the destination indicated. They start to run from receipt of cleared payment for your order by our Company.

If items ordered at the same time have different delivery dates, the delivery lead time will be the date furthest in the future. However, under such circumstances, we reserve the option to make more than one delivery.

While they are not binding, we will do our utmost to meet the delivery lead times stated when the order is placed.

In the event of a delivery delay attributable to our Company, you will have the right to cancel the sale of the product by registered letter with proof of delivery or by any other recordable method (including e-mail with acknowledgment of receipt) if, after having requested our Company, using these same methods, to effect delivery within a reasonable additional period of time, we have not done so.

Under such circumstances, the sale will be deemed canceled at the time we receive the letter notifying said cancellation unless we have delivered in the meantime.

When a sale is canceled, we will refund you within thirty (30) days of the cancellation date.

Failure to meet delivery lead times will not give rise to any kind of compensation payment.

If you fail to take possession (collect from a post office, etc.) of the product on time, we can retrieve the product and terminate the Contract as of right.

5.4. Acceptance of products

You are obliged to check the condition of the packaging and compliance of the product at the time of delivery, and you must immediately mention any reservations you intend to report concerning the condition of the product delivered so that these can be recorded on the shipping documentation, e.g. damaged packaging or products, non-compliance with the order, etc.

6. Cooling-off period

6.1. Deadline

You have a period of fourteen (14) days to exercise your right to rescind without having to supply a reason for your decision.

This period of fourteen (14) days starts to run on the day that the product is received by you or a third party designated by you other than the shipper, and applies to contracts for the sale of goods and contracts for the provision of services that include delivery of goods.

For the avoidance of doubt:

The period starts to run at the start of the first hour on the first day and ends at the end of the last hour on the last day of the period;
When the last day of the deadline is a Saturday, Sunday, French public holiday, or French non-working day, the deadline is extended until the next working day. In the event of an order comprising more than one product delivered separately, or an order comprising one product requiring multiple deliveries of batches or parts scheduled over a defined period, the deadline is calculated from receipt of the final product, batch, or part.
However, in accordance with the French Consumer Code, the cooling-off period does not apply to contracts:
For the supply of digital content that is not supplied on a tangible storage medium, the performance of which started after expressing prior agreement from the consumer that included an express waiver of the cooling-off period.

Consequently, your right to rescind expressly does not apply to our Gift Cards that have been used within the 14-day cooling-off period.

6.2. Exercising the right to rescind

To exercise your right to rescind the contract of sale, you must inform us by sending us, to arrive before the 14-day period expires, the order rescission form or any other unambiguous statement expressing your wish to rescind the contract.

You can exercise your right to rescind directly with the Company by emailing contact@orparfums.com

6.3. Returns and refunds

Once the rescission form or notification has been sent to our Company, you must return the product(s) to the address stated on the back of your invoice, within a reasonable time and no later than fourteen (14) days from your decision to rescind.

We will reimburse the sums paid, including delivery charges (but excluding any additional charges arising from the choice of a delivery method other than the cheapest delivery method) no later than thirty (30) days after the date on which the right was exercised and using the same payment method as that used for the order. However, we may hold the refund back until we have received the returned products in question.

You can return the package of products using the shipper of your choice and we will pay the shipping costs on presentation of documentary evidence in due form, up to a maximum of fifteen euros (€15). When returning your package, as you decide, you must specify on the customs document that the package is returned goods, otherwise, customs duties will be charged to you on receipt of the package on our premises.

Where goods are traded outside the European Union, the customs authority may require you to pay further duties and fees on receipt of your package.

It is reiterated that, if you rescind the contract after using the product(s), you are liable for any deterioration or damage to the goods resulting from any handling of them other than that necessary to establish the nature, characteristics, and proper functioning of the product(s).

In particular, in the case of perfume sales, the cellophane must not have been removed. Products must be returned complete, in their original condition, enabling them to be sold as new. Products that you have opened, used or damaged will not be accepted as returns.

7. Compliance guarantee and statutory warranty against latent defects

You benefit from the statutory compliance guarantee (Articles L.217-4 to L.217-12 of the French Consumer Code) and the statutory warranty against defects in the item sold (Articles 1641 to 1648 and 2232 of the French Civil Code).

7.1. Compliance guarantee

Article L.217-4 of the French Consumer Code:

“The seller is to deliver goods in compliance with the contract and is liable for any non-compliance existing at the time of delivery.

The seller is also liable for non-compliances resulting from the packaging, assembly instructions or installation where the seller is responsible for same under the contract or it is carried out under the seller’s responsibility.”

Article L.217-5 of the French Consumer Code:

“A product complies with the contract:

1. If it is suitable for the use ordinarily expected of a similar product and, if applicable:

- if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of public representations made by the seller, the manufacturer, or their representatives, including in advertising or labeling;

2. Or if it has the characteristics determined by mutual agreement between the parties or is suitable for any particular use sought by the buyer, brought to the attention of the seller, and which the latter has accepted.”

Article L.217-12 of the French Consumer Code:

“Legal action on the grounds of non-compliance is time-barred two years after the date of delivery of the goods.”

Article L.217-16 of the French Consumer Code:

“Where the buyer requests from the seller, during the course of the commercial warranty granted to the buyer when acquiring or repairing the tangible personal property, a repair covered by the warranty, if the product is unavailable for use for a period of at least seven days, this time is added to the duration of the warranty which remained to be run.

This period runs from the date of the buyer's request for the seller’s involvement or the date on which the goods in question are made available for repair, whichever is the latter.”

7.2. Warranty against latent defects

Article 1641 of the French Civil Code:

The seller is bound by the warranty for latent defects in the item sold that render it unfit for its intended use, or that reduce this use to the extent that the buyer would not have acquired the item, or would only have paid a lower price if the buyer had known about them.”

Article 1648 subsection 1 of the French Civil Code:

Any action resulting from the redhibitory defects [hidden defects preventing a product from performing the task for which it was purchased] must be brought by the purchaser within two years of the discovery of the defect.”

8. Privacy

When creating your account and/or placing your order, we collect personal data for contract formation, performance, and management purposes, and produce invoices based on the fulfillment of the contract.

The data collected in this respect consists of your surname, first name, date of birth, postal address, telephone number, and email address.

During the collection process, mandatory fields are marked with an asterisk; the others are optional.

Your personal data is held in our active database throughout the contract term or for three (3) years from our last contact with you, and in our archives for five (5) years, the retention period under ordinary law.

The recipients of the data are the relevant departments and staff in our Company, together with any data processors acting for the requirements of the Contract, including the fulfillment of any order, and for the proper management of our Company (accountants, lawyers, etc.).

The Company undertakes to take all useful precautions to maintain the security of the data disclosed and, in particular, to prevent it from being corrupted, deleted, or accessed by unauthorized third parties.

You have the right to access, correct, update and erase your personal data. You can request the portability of data held about you insofar as the processing carried out would be on the legal basis of the contract or of your consent. You also have the right to object to processing or restrict it. Where the processing is based on consent, you have the right to withdraw that consent at any time. You can also give instructions on what happens to your personal data after your death (e.g. retained, deleted, or disclosed). You can exercise these rights by sending a request to our Company to the following addresses, giving your full contact details (surname, first name, address), and using “data protection” as the subject line.

- Email: contact@orparfums.com

- or by post to: O.R. Parfums – Salon Privé, 6 Boulevard de la République, 06 400 Cannes - France

We may ask you for proof of your identity at the time.

Lastly, customers can submit a complaint to a data protection authority (the CNIL in France).

9. Liability

We cannot be held liable by a Customer in the event of non-performance or poor performance of the contract that is the result of the Customer’s actions, or unavoidable actions by a third party to the contract, or force majeure.

We cannot be held liable for any non-compliance of the product with the legislation in your country and the onus is on you to verify that the product is not prohibited in your country.

10. Use of electronic mail

Pursuant to the provisions of the French Civil Code, you hereby agree that we can use electronic mail to send you the information necessary to supply products and, more generally, any information sent in respect of fulfilling these T&C. To this end, we will use the electronic mail address that you supplied when placing the order or when creating your account on our Website.

11. Complaints

In the event of any dispute, you should first contact our company by electronic mail at contact@orparfums.com or by post at O.R. Parfums – Salon Privé, 6 Boulevard de la République, 06400 Cannes - France

12. Applicable law and election of jurisdiction

This contract and the T&C are governed by French law.

If an amicable solution is not found, you can refer any dispute relating to the existence, interpretation, formation, performance, or breach of the contract or any contract to documents to the court.

The competent court will be that covering the domicile of the defendant, or that of the effective place of delivery of the item or performance of the service.