Terms of Sales
I – Acceptance of the general conditions
The Site www.princesseparfums.com is published by the company Princesse Parfums, SAS with capital of € 5,000, registered with the Paris RCS under number 812 162 501 and whose head office is at 10 rue de Penthièvre 75008 Paris,
intra-community VAT number: FR 96 812162501
email address: Contact@princesseparfums.com
phone: 01 71 02 05 07
The director of the publication is Mr. Ali Azzabi.
The site is hosted by OVH, 2 rue Kellermann, 59100 Roubaix France.
The company Princesse Parfums (the Seller) offers perfumes for sale to Internet users browsing the Site. Any order for a Product offered on the Site implies consultation and express acceptance of these general conditions of sale without this acceptance being conditioned by a handwritten signature on the part of the Purchaser. The validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature. The Buyer can save or print these general conditions of sale. The company Princesse Parfums reserves the right to modify these conditions of sale at any time and without notice. However, the modifications will not be applicable to reservations and to orders previously accepted and confirmed by the Purchaser. These general wind conditions apply to the exclusion of any other document. The Buyer declares that he does not intend to resell the products purchased.
II – Marketed products
All product offers offered on the Site are limited to the countries for which the site is intended and allow them to do so. The Buyer may, prior to his order, take note, on the Site, of the essential characteristics of the product (s) he wishes to order. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the Seller in any way.
In case of unavailability of one or more products after placing the order, you will be notified by e-mail.
III – Orders
Any order implies acceptance without restriction or reservation of these general conditions of sale. When the order is confirmed, the Buyer declares to accept it as well as these general conditions of sale. Upon registration of the order, a detailed acknowledgment of receipt thereof will be sent by the Seller to the Buyer, to the e-mail address he has indicated. This acknowledgment of receipt will specify the exact amount invoiced and the terms of delivery of the order. The order is subject to the availability of the product, of which the Buyer will be immediately informed. The products are intended for the personal use of the Purchaser who refrains from reselling them.
IV – Prices, promotions
The prices are indicated in Euros all taxes included and are likely to change during the year. The products ordered are invoiced at the prices in effect when the order is recorded. They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. The shipping costs will be indicated on the order summary, before the order is registered by the Buyer.
Customs taxes, in particular import or excise taxes that may be due, will be added to the price if applicable and the Buyer is informed thereof before the order is placed.
Promotional offers are only valid within the double limit of the period of validity of the offer concerned and of available stocks.
V – Payments, delays, retention of title
All orders are payable in euros. The Purchaser has the method of payment by bank cards accepted on the site (Visa, Master Card, Carte Bleue, Visa Electron, Maestro) or Paypal. The products are paid in cash when ordering. If for any reason they were not paid in cash, any late payment will result in the application of late payment penalties due the day following the date of payment and equal to three times the legal interest rate. Late payment penalties are payable without a reminder being necessary. The Seller reserves the right to suspend or cancel any order in the event of non-payment of any sum which would be due by the Buyer. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
The Seller retains ownership of the product until effective payment of the full price in principal and accessories. Failure to pay the price in whole or in part may lead to the claim of the goods by the Seller. These provisions do not preclude the transfer to the Buyer, upon delivery of the product, of the risk of loss and deterioration of the goods sold.
VI – Delivery
The products are delivered by French Post (Colissimo) to the address indicated by the Purchaser on the order form. Delivery will take place within an average of 3 to 8 days from receipt of the order form. Delivery times are indicative. Any delays may in no case give rise to an award of damages from the Seller. In the event of unavailability of an ordered product which will be proven when the product has not been delivered after a maximum period of 30 days of the order, the Buyer will be informed by email. The Buyer will have the possibility of canceling his order and will thus have the choice between reimbursing the price within 8 days maximum of his request or exchanging the product with another product.
VII Contractual and legal guarantees
Despite all the care taken by the Seller in the manufacture and control of the products, a lack of conformity or quality may appear.
In this case, the Buyer simply has to notify the Seller by sending a complaint by email to the following address contact@princesseparfums.com.
For all purchases, the Purchaser benefits from the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), which allow the Purchaser to return the delivered products which are non-compliant or defective.
Legal guarantee of conformity
When the Purchaser requests the application of the legal guarantee of conformity, he:
- has a period of two years from the delivery of the Product to act;
- may choose between repairing or replacing the Product, subject to the cost conditions provided for by L.217-9 of the Consumer Code;
- may be exempted from providing proof of the existence of defects in conformity of the Product if these appear within 24 months from delivery of the Product, being presumed to exist, unless proven otherwise.
Guarantee against hidden defects
The Buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the Buyer can choose between canceling the sale or reducing the price of the sale in accordance with article 1644 of the Civil Code.
To check whether the products are affected or not by a lack of conformity or a hidden defect, the Seller may request the sending of photos and / or examine the products by any means in any place. The costs of returning the products, if any, are the responsibility of the Buyer, and will be reimbursed by the Seller if it is established that the products are non-compliant or defective, and after sending by the Buyer the supporting documents. so-called fees.
Pursuant to article L217-15 of the Consumer Code, the provisions of the articles relating to the guarantee of conformity and hidden defects are reproduced below.
- Guarantee of conformity
Article L.217-4 of the Consumer Code :
” The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility ”.
Article L.217-5 Consumer Code :
” The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: – if it corresponds to the description given by the seller and has the qualities that this presented to the buyer as a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements 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 suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted “.
Article L.217-12 of the Consumer Code:
“ The action resulting from the lack of conformity lapses two years after delivery of the goods ”.
Article L217-16 of the Consumer Code :
” When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of ‘at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “.
- Guarantee against hidden defects
Art. 1641 of the Civil Code: ” The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price if he had known them “.
Art. 1648 of the Civil Code : ” The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect “.
VIII – Right of withdrawal
For any purchase of a product made, the Buyer, if he is a non-professional natural person, has a period of fourteen (14) days from receipt of the products ordered to exercise, with the Seller, his right withdrawal allowing him to return the products without having to provide justification or pay a penalty. The professional buyer does not benefit from a right of withdrawal.
Notwithstanding the foregoing, the right of withdrawal does not apply to the products and services listed in article L221-28 of the Consumer Code, namely in particular:
any made-to-measure product or product that has been personalized at the request of the Purchaser;
any product which has been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection;
any product likely to deteriorate or expire quickly;
any other products or services mentioned in this article.
The products must not have been the subject of prolonged wear or use, been washed or damaged and must be returned intact with any accessories, user manual and other documentation.
In the case of a service provision, the right of withdrawal cannot be exercised if the service has been fully performed, and if its performance has started after the prior agreement of the Purchaser and express waiver of his right of withdrawal in accordance with the Article L221-28 of the Consumer Code.
The Buyer will exercise his right of withdrawal by contacting the Seller by any means and in particular by e-mail.
The Buyer can also exercise his right of withdrawal by using the standard form to be completed here and attached in Annex 1 to these General Conditions of Sale, also to be sent to the Seller.
The Seller will immediately acknowledge receipt of the withdrawal by electronic means.
After communicating its decision to retract to the Seller, the Buyer then has 14 days at the latest from the communication to the Seller of his decision to retract in order to return or return the products to the seller.
The return shipping costs of the products are the responsibility of the Purchaser, the risks of return are the responsibility of the Purchaser.
The Seller shall reimburse the Buyer for all sums paid, including the initial delivery costs, within 14 days at the latest from the date on which he is informed of the Buyer’s decision to withdraw. This refund is made using the same method of payment as that used by the Buyer for the initial transaction, unless otherwise agreed between the parties.
IX – Liability
The Seller has for all stages of the order taking, as well as for the stages subsequent to the conclusion of the sales contract, an obligation of result vis-à-vis the Buyer.
On the other hand, the Seller’s liability cannot be engaged in the event that the non-performance of its obligations is attributable either to the Buyer, or to the unforeseeable or insurmountable fact of a third party to the contract, or to a case of force majeure such as as defined by French case law.
The Seller’s liability is limited to direct and foreseeable damage that may result from the use of products sold and shipped by the Seller.
It is expressly understood that the Seller will not incur any responsibility for any immaterial damage or indirect costs, nor for any losses or costs of any kind resulting from the lack of conformity or quality of the products.
The Seller’s liability is not liable for damages resulting from an inadequate use or not in accordance with their normal use of the products by the Buyer, or from a fault of the Buyer in the use of the products.
The Seller cannot be held liable for the inconveniences and damages of all kinds that may be suffered by the Buyer during the use of the Internet network, or of the Site, such as in particular a break in the service, the presence computer viruses or in the event of external intrusions, or more generally all cases qualified as force majeure by the French courts.
The Site complies with French legislation, and the Seller does not give any guarantee of compliance with the local legislation which would be applicable to the Buyer, as soon as the latter accesses the Site from countries other than France.
X – Telephone canvassing
In case of telephone canvassing, the Seller indicates at the start of the conversation in a clear, precise and understandable manner his identity and the commercial nature of his call. He informs the Purchaser that he can register for free on the Bloctel telephone canvassing opposition list, if he does not wish to be the subject of commercial prospecting by this means.
To do this, the consumer can register online at www.bloctel.gouv.fr or by mail addressed to the company Opposetel, Service Bloctel, 6 rue Nicolas Siret, 10 000 Troyes.
Following a telephone canvassing, the Seller will send the Buyer on paper or on a durable medium, a confirmation of the offer he made including the mandatory information. The Purchaser is only bound by this offer after having signed and accepted it in writing or having given his consent electronically.
The Buyer benefits from the right of withdrawal as described in article VIII above.
XI – Protection of personal data
The information collected during the pre-contractual or contractual relationship, and on the withdrawal form is collected by the company Princesse Parfums for the purposes of managing the contractual relationship and managing the right of withdrawal if applicable. The legal basis for processing is the necessity linked to the performance of the contract to which the data subject is a party or to the execution of pre-contractual measures taken at the latter’s request. The legal basis for processing is also the need to comply with legal obligations allowing consumers to exercise their right of withdrawal, if applicable. In the case of commercial use of the data, the legal basis for the processing is consent.
In accordance with the Data Protection Act, you can exercise the rights of access, rectification, erasure of data, portability, opposition, limitation, by contacting: contact@princesseparfums.com.
If you feel that your “Computing and Freedoms” rights have not been respected, you can submit a complaint online to the CNIL https://www.cnil.fr/.
Through us your data may be transmitted to third parties. You could thus receive proposals from other companies.
If you agree to your contact details being passed on to third parties, please tick the box opposite _.
You may receive commercial offers from us that relate to products or services similar to those already purchased from our company.
If you do not wish to receive commercial offers from us for our products or services similar to those you have already purchased, please tick this box _.
You may receive commercial offers from us that relate to products or services different from those already purchased from our company.
If you agree to receive our commercial offers of this nature, please tick the box opposite _.
XII – Complaints, mediation
In the event of difficulty related to the execution of the contract for the sale of products or services (product not received, non-compliant, damaged, etc.), the Buyer must send a complaint to the Seller’s customer service by mail at 10 rue de Penthièvre 75008 Paris or by email at contact@princesseparfums.com.
The Seller undertakes to respond to it within 72 working hours of receipt of the complaint.
As a second recourse, if the Purchaser has not obtained a satisfactory response to his complaint, he may contact a mediator within the framework of an optional and free procedure. The mediator responsible for the Seller is FEVAD who can be contacted electronically at contact@fevad.com or by post at 6 rue de la Boétie, 75008 Paris.
The Purchaser must provide proof of having previously submitted a complaint to the Vendor for his mediation request to be declared admissible.
XIII – Applicable law, competent jurisdiction
These General Conditions of Sale are subject to French law.
In the event of a dispute or complaint, the Purchaser will first contact the Vendor to obtain an amicable solution and vice versa, as stated in article XII above.
The Buyer may also resort to the mediation procedure as set out in article XII above.
In the event of a persistence of a dispute, the competent court will be that of the domicile of the defendant, or at the choice of the plaintiff that of the place of actual delivery of the product.
Annex 1
Standard withdrawal form
Articles L 221-5 and R221-1 of the Consumer Code
Conditions:
– Complete and sign this form,
– Send it by letter to the company Princesse Parfums, SAS with capital of _______ registered with the RCS of Paris under the number and whose registered office is at 10 rue de Penthièvre 75008 Paris,
or by email to contact@princesseparfums.com.
– Ship it no later than the fourteenth day from the day of the order or, if this period normally expires on a Saturday, Sunday, public holiday or non-working day, the first following working day.
I, the undersigned, declare to cancel the following order:
– Nature of the good or service ordered:
– Date of the order :
– Buyer’s name:
– Buyer’s address:
Date and signature of the client: