Terms & Conditions
I – Acceptance of terms and conditions
The www.princesseparfums.com website is published by Princesse Parfums, a SAS with share capital of €5,000, registered in the Paris Trade and Companies Register under number 812 162 501 and whose registered office is at 10 rue de Penthièvre 75008 Paris,
VAT number: FR 96 812162501
Email address: Contact@princesseparfums.com
Phone: 01 71 02 05 07
The publishing director is Mr Ali Azzabi.
The site is hosted by OVH, 2 rue Kellermann, 59100 Roubaix France.
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 the present terms and conditions of sale, without this acceptance being conditioned by a handwritten signature on the part of the Purchaser. Validation of the order form constitutes an electronic signature which has the same value between the Parties as a handwritten signature. The Buyer may save or print the present terms and conditions of sale. Princesse Parfums reserves the right to modify these terms and conditions of sale at any time and without prior notice. However, modifications will not apply to reservations and orders previously accepted and confirmed by the Buyer. These terms and conditions apply to the exclusion of any other document. The Buyer declares that it has no intention of reselling the products purchased.
II – Products sold
All product offers on the Site are limited to the countries for which the Site is intended and authorized. Prior to placing an order, the Buyer may view the essential characteristics of the product(s) he/she wishes to order on the Site. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on the Vendor.
In the event of unavailability of one or more products after the order has been placed, you will be notified by e-mail.
III – Orders
Any order implies unreserved acceptance of these terms and conditions of sale. When the order is confirmed, the Buyer declares that he/she accepts the order and these general terms and conditions of sale. As soon as the order has been registered, the Vendor will send a detailed acknowledgement of receipt to the Buyer at the e-mail address indicated. This acknowledgement will specify the exact amount invoiced and the terms of delivery of the order. Orders are subject to product availability, of which the Buyer will be informed immediately. Products are intended for the personal use of the Buyer, who may not resell them.
IV – Prices and promotions
Prices are indicated in Euros, all taxes included, and are subject to change during the year. Products ordered are invoiced at the prices in force when the order is registered. They do not include shipping costs, which are invoiced in addition to the price of the products purchased, according to the amount of the order. Shipping costs will be indicated on the order summary, before the Buyer registers the order.
Customs taxes, in particular import taxes or excise duties, which may be due, will be added to the price where applicable, and the Buyer will be informed of this before the order is registered.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
V – Payments, delays, retention of title
All orders are payable in euros. The Purchaser may pay by credit card (Visa, Master Card, Carte Bleue, Visa Electron, Maestro) or Paypal. Products are paid for in full when ordered. If, for any reason whatsoever, they are not paid for in cash, any delay in payment will result in the application of late payment penalties payable on the day following the date of payment and equal to three times the legal interest rate. Late payment penalties are payable without the need for a reminder. The Vendor reserves the right to suspend or cancel any order in the event of non-payment of any sum due by the Buyer. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
The Vendor retains ownership of the product until payment of the full price in principal and accessories. Failure to pay the price in full or in part may result in the Seller reclaiming the goods. These provisions do not prevent the transfer to the Buyer of the risks of loss and deterioration of the goods sold, upon delivery of the product.
VI – Delivery
Products are delivered by the French postal service (Colissimo) to the address indicated by the Buyer on the order form. Delivery will be made within an average of 3 to 8 days from receipt of the order form. Delivery times are indicative. Under no circumstances may delays give rise to the payment of damages by the Vendor. In the event of unavailability of an ordered product, which will be confirmed when the product has not been delivered within a maximum of 30 days of the order, the Buyer will be informed by e-mail. The Buyer will have the option of cancelling the order, and will thus have the choice between reimbursing the price within a maximum of 8 days of his or her request, or exchanging the product with another.
VII Contractual and legal warranties
Despite all the care taken by the Vendor in the manufacture and control of products, a defect in conformity or quality may occur.
In this case, the Buyer simply needs to notify the Vendor by sending a complaint by email to the following address contact@princesseparfums.com.
For all purchases, the Buyer benefits from the legal guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), which allow the Buyer to return non-conforming or defective products.
Legal warranty of conformity
When the Purchaser requests the application of the legal warranty of conformity, he :
- has a period of two years from the delivery of the Product to take action;
- may choose between repairing or replacing the Product, subject to the cost conditions stipulated in L.217-9 of the French Consumer Code;
- may be exempted from proving the existence of defects in the conformity of the Product if these appear within 24 months of delivery of the Product, and are presumed to exist, unless proven otherwise.
Hidden defects warranty
The Buyer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the Buyer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In order to verify whether or not the products are affected by a lack of conformity or a hidden defect, the Vendor may request that photographs be sent and/or that the products be examined by any means in any place. The cost of returning products, where applicable, is borne by the Buyer, and will be reimbursed by the Vendor if it is established that the products are non-conforming or defective, and after the Buyer has sent proof of said costs.
Pursuant to Article L217-15 of the French Consumer Code, the provisions of the articles relating to the guarantee of conformity and hidden defects are reproduced below.
- Warranty of conformity
Article L.217-4 Code of consumation :
« The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his supervision. responsibility ».
Article L.217-5 of the French Consumer Code :
« The goods are in conformity with the contract: 1° If they are fit for the use normally expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter. ».
Article L.217-12 Code de la consommation :
« Any action resulting from a lack of conformity must be brought within two years of delivery of the goods. ».
Article L217-16 of the French Consumer Code :
« When the purchaser asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if this is subsequent to the request for service. ».
- Hidden defects warranty
Art. 1641 du Code civil : « Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel elle est destinée, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix s’il les avait connus ».
Art. 1648 du Code civil : « L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice ».
VIII – Right of withdrawal
For any purchase of a product, the Buyer, if he is a non-professional individual, has a period of fourteen (14) days from receipt of the products ordered to exercise his right of withdrawal from the Seller, allowing him to return the products without having to provide any justification or pay any penalty. Professional buyers do not benefit from a right of withdrawal.
Notwithstanding the above, the right of withdrawal does not apply to the products and services listed in article L221-28 of the French Consumer Code, in particular :
any product that has been custom-made or personalized at the request of the Buyer;
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 rapidly;
any other products or services mentioned in this article.
Products must not have been worn or used for a prolonged period, washed or damaged, and must be returned intact with any accessories, user manuals and other documentation.
In the case of a service, the right of withdrawal cannot be exercised if the service has been fully executed, and if its execution has begun after prior agreement by the Buyer and express waiver of his right of withdrawal in accordance with Article L221-28 of the French Consumer Code.
The Buyer may exercise his right of withdrawal by contacting the Seller by any means, in particular by e-mail.
The Buyer may also exercise his right of withdrawal by using the standard form to be completed here and attached as Appendix 1 to these General Terms and Conditions of Sale, which should also be sent to the Seller.
The Seller will acknowledge receipt of the withdrawal by electronic means without delay.
Once the Buyer has informed the Vendor of his/her decision to withdraw, he/she has 14 days at the latest from the date on which he/she informed the Vendor of his/her decision to withdraw in which to return the products to the Vendor.
The Buyer is responsible for the cost of returning the products, and the risks of returning the products are borne by the Buyer.
The Vendor shall reimburse the Purchaser for all sums paid, including the initial delivery costs, within 14 days at the latest of the date on which it is informed of the Purchaser’s decision to withdraw. This refund will be made using the same method of payment as that used by the Buyer for the initial transaction, unless otherwise agreed between the parties concerned.
IX – Liability
The Vendor has an obligation of result towards the Buyer for all stages of the order process, as well as for stages subsequent to the conclusion of the sales contract.
On the other hand, the Vendor may not be held liable in the event that the non-performance of its obligations is attributable either to the Buyer, or to the unforeseeable or insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law.
The Vendor’s liability is limited to direct and foreseeable damage resulting from the use of products sold and shipped by the Vendor.
It is expressly understood that the Seller shall not be liable for any consequential damages or indirect costs, nor for any losses or expenses of any kind arising from the lack of conformity or quality of the products.
The Vendor shall not be held liable for damage resulting from improper use of the products by the Buyer, or from the Buyer’s fault in using the products.
The Vendor may not be held liable for any inconvenience or damage of any kind that may be suffered by the Buyer when using the Internet or the Site, such as, in particular, a break in service, the presence of computer viruses or in the event of external intrusions, or more generally any event qualified as force majeure by the French courts.
The Site complies with French legislation, and the Vendor does not guarantee compliance with local legislation that may be applicable to the Buyer, if the latter accesses the Site from countries other than France.
X – Telephone canvassing
In the event of telephone canvassing, the Vendor shall indicate his identity and the commercial nature of his call at the beginning of the conversation in a clear, precise and comprehensible manner. The Vendor informs the Buyer that he/she may register free of charge on the Bloctel list of opposition to telephone canvassing, if he/she does not wish to be the subject of commercial canvassing by this means.
To do so, consumers can register online at www.bloctel.gouv.fr or by post to Opposetel, Service Bloctel, 6 rue Nicolas Siret, 10 000 Troyes.
Following a telephone solicitation, the Vendor will send the Buyer, on paper or on a durable medium, a confirmation of the offer he has made, containing the obligatory information. The Buyer is not bound by this offer until he/she has signed and accepted it in writing or given his/her 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 Princesse Parfums for the purposes of managing the contractual relationship and managing the right of withdrawal, where applicable. The legal basis for the processing is the necessity linked to the performance of the contract to which the person concerned is a party or the performance of pre-contractual measures taken at the request of the latter. The legal basis for processing is also the need to comply with legal obligations enabling the consumer to exercise his right of withdrawal, where applicable. In the case of commercial use of data, the legal basis for processing is consent.
In accordance with the French Data Protection Act, you may exercise your rights of access, rectification, deletion, portability, opposition and limitation by contacting: contact@princesseparfums.com.
If you feel that your rights under the Data Protection Act have not been respected, you can submit a complaint online to the CNIL at https://www.cnil.fr/.
Through us, your data may be passed on to third parties. You may receive offers from other companies.
If you agree to your details being passed on to third parties, please tick the box opposite _ .
You may receive commercial offers from us relating to products or services similar to those already purchased from our company.
Si vous ne souhaitez pas recevoir de notre part des offres commerciales pour nos produits ou services analogues à ceux que vous avez déjà achetés, merci de cocher cette case _.
You may receive commercial offers from us relating 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 and mediation
In the event of any difficulty relating to the performance of the contract for the sale of products or services (product not received, not in conformity, damaged….), the Buyer must send a complaint to the Vendor’s customer service department by post to 10 rue de Penthièvre 75008 Paris or by email to contact@princesseparfums.com.
The Vendor undertakes to respond within 72 working hours of receipt of the complaint.
As a second recourse, if the Buyer has not received a satisfactory response to his/her complaint, he/she may contact a mediator within the framework of an optional and free procedure. The Seller’s mediator is FEVAD, which can be contacted electronically at contact@fevad.com or by post at 6 rue de la Boétie, 75008 Paris.
The Buyer must prove that he/she has previously submitted a complaint to the Seller in order for his/her request for mediation to be declared admissible.
XIII – Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution, and vice versa, as stated in article XII above.
The Buyer may also have recourse to the mediation procedure set out in article XII above.
If a dispute persists, the competent court will be that of the defendant’s domicile, or, at the plaintiff’s option, that of the place where the product was actually delivered.
Appendix 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 Princesse Parfums, SAS with capital of _______, registered with the RCS of Paris under number 10 rue de Penthièvre 75008 Paris,
or e-mail us at contact@princesseparfums.com.
– Ship no later than the fourteenth day from the date of the order or, if this period normally expires on a Saturday, Sunday or public holiday, on the first working day thereafter.
I, the undersigned, hereby cancel the following order:
– Nature of goods or services ordered :
– Order date :
– Buyer’s name :
– Buyer’s address :
Date and signature of customer :