Terms and conditions
(April 15, 2020)
Façon Parfums & Cosmétiques SASU markets via its website www.faconparfums.com (the “Site”) perfumery products (“products "). These General Conditions apply to all orders for Products through the Site. Sales made through the Site are intended for consumers (the "Customers").
The Products presented on the Site are, where applicable, offered for sale within the limits of available stocks and according to the conditions of sale, in particular the prices specified on the Site.
Façon Parfums & Cosmétiques SASU reserves the right to modify the Products presented on the Site at any time and without notice, the conditions of sale and in particular the prices relating thereto being those in force at the time of acceptance of the order. Façon Parfums & Cosmétiques SASU takes the greatest care in the presentation and description of the Products. However, if, despite everything, substantial errors or omissions appear on the Site, Façon Parfums & Cosmétiques SASU cannot be held liable for this fact. In the event of the unavailability of a Product after the order has been placed, Façon Parfums & Cosmétiques SASU will notify the Customer thereof by e-mail or by telephone as soon as possible, offering him either to order another Product presented on the Site by replacement, or to cancel his order. In the latter case, Façon Parfums & Cosmétiques SASU will reimburse the Customer at the latest within 30 days from the date of payment if the bank account has been debited. Façon Parfums & Cosmétiques SASU incurs no liability in the event of out of stock or unavailability of the Products.
II. Terms of the order
By browsing the Site, the Customer has the opportunity to learn about the various Products offered for sale on the day of consultation of the Site. Browsing on the different pages of the Site does not in any way bind the Customer in respect of an order. While browsing the Site, the Customer wishing to place an order may do so by simply clicking on the "Add to basket" button, which appears next to each Product viewed. Orders placed from the Site are subject to the creation of an account on the Site requiring the validation of various stages by the Customer in order to be able to finalize his order and in particular: provide his complete contact details as well as the delivery address; check his order and, if necessary, rectify errors or modify it; accept the T&Cs; pay the price corresponding to the Product(s) ordered; validate his order. Ticking the box of acceptance of the General Conditions when placing an order implies express acceptance by the Customer of the terms and conditions of these General Conditions. An email summarizing the order will be sent to the Customer by Façon Parfums & Cosmétiques SASU as soon as the order is registered. The maximum amount of each order made by a Customer (same name, same address) may not exceed the sum of €5,000 including all taxes (excluding delivery costs).
III. Online order - Payment
At the end of the ordering process, the Customer is invited to click on the "Checkout" button. Upon validation, the order is sent for processing. It can no longer be modified or canceled except under the conditions expressly provided for in these General Conditions of Sale or under the conditions required by the law in force. The data recorded by the Site www.faconparfums.com constitutes proof of all transactions between Façon Parfums & Cosmétiques SASU and its Customers. In the event of a dispute over a transaction carried out on the Site, the data recorded by Façon Parfums & Cosmétiques SASU is considered irrefutable proof of the content of the transaction. The prices of the Products are indicated in euros, all taxes included for the European Union (taxes in force on French territory) or all taxes excluded for countries outside the European Union and excluding shipping costs. Façon Parfums & Cosmétiques SASU reserves the right to modify the prices of 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 at the time of the validation of the order, subject to the availability of the Products ordered at that moment. Any order placed on the Site must be paid immediately after validation of the order. All orders are payable in euros. Payments are secure and bank cards or credit cards accepted are specified on the payment window. Cards issued by banks domiciled outside France must be international cards. The dispatch of the order takes place only after verification of the method of payment and receipt of the authorization to debit the credit card. The order is paid in one go. The simple fact of providing a credit card number entails authorization to debit the customer's account up to the amount of the order. In the event of the unavailability of certain Products ordered (see Availability), only the price and transport costs relating to the available Products will be debited.
Once the order has been prepared, it will be sent to the postal address provided by the Customer when ordering, it being specified that the address cannot be a post office box. As delivery is provided by a third-party service provider, the Customer is informed that Façon Parfums & Cosmétiques SASU cannot in any way be held liable if the non-performance or poor performance of this obligation is attributable to the Customer or to the unforeseeable or insurmountable event of a third party to the contract or to a case of force majeure. The method and amount of shipping costs are specified during the ordering process. The Products purchased will be sent by the usual postal services which undertake to deliver the parcels within the following average deadlines: 2 to 5 working days from dispatch for France, up to 3 weeks depending on the country. The order will be executed within a maximum period of thirty (30) days from the day following that on which the Customer transmitted his order, subject to full payment of the price. Any delay in delivery must be reported as soon as possible to the following address: firstname.lastname@example.org. Each delivery is deemed to have been made as soon as the Product(s) are made available to the Customer by the carrier, materialized by the control system used by this carrier. It is the Customer's responsibility to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped. In the event of delay, breakage or missing items, the Customer must state full and precise reservations on the delivery slip. In any case, the Customer can only exercise his recourse against the carrier to which he must formulate his reservations. Any reservation must be confirmed by registered letter to the carrier within three (3)
days following receipt.
Any reservation of this type must also be notified to the following address: email@example.com.
V. Legal guarantee - Retraction
V.1 Legal Guarantee
Façon Parfums & Cosmétiques SASU, as a professional seller, guarantees that the Products comply with the use expected of them, and do not have any hidden faults or defects making them dangerous or unsuitable for their normal use. In the event of Product(s) not conforming to the information given during the presentation of the Product(s) on the Site, and in accordance with article L.217-9 of the French Consumer Code, or if these Products have hidden defects referred to in article 1641 of the French Civil Code, they will be, at the Customer's option, replaced or reimbursed. Façon Parfums & Cosmétiques SASU undertakes to reimburse the Customer within a maximum period of thirty (30) days, subject to compliance with the conditions mentioned above.
In accordance with the provisions of article L.217-15 of the Consumer Code, are fully reproduced below articles L.217-4, L.217-5, L.217-12 and L.217-16 of the Consumer Code as well as article 1641 and the first paragraph of article 1648 of the Civil Code:
“Article L.217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable 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 of the Consumer Code: The good complies with the contract: 1° If it is specific to the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of 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 seller's attention and which the latter has accepted.
"Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
"Article L.217-16 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 discount in a condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
"Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »
“Article 1648 first paragraph 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”.
In the event of receipt by the Customer of Product(s) that are non-compliant or contain a hidden defect, the provisions of article 5.2 below will apply.
The Customer has a period of 14 calendar days from the date of delivery to exercise his right of retraction and request reimbursement of the Product(s) ordered that do not give him satisfaction. A form allowing the Customer to exercise his right of retraction will be provided when the order is delivered.
In order to exercise his right of retraction, the Customer must imperatively return the retraction form accompanied by the complete Product(s), in perfect condition and in their original packaging, accompanied by the invoice and receipt. an accompanying letter to the following address: Façon Parfums & Cosmétiques SASU – 5 rue de castiglione, 75001 Paris.
Any Product that is damaged, used, has marks, has been modified or has not been returned in its original packaging may in no way be subject to the right of retraction Façon Parfums & Cosmétiques SASU undertakes to reimburse the Customer. of all sums paid including delivery costs but excluding return costs. The refund is made using the same method of payment as the order, within a maximum period of thirty (30) days after the exercise of the right of retraction by the Customer, subject to compliance with the conditions mentioned above.
VI. Confidentiality and Personal Data
Façon Parfums & Cosmétiques SASU implements all means to ensure the confidentiality and security of the data collected from the Customer through the Site. The data collected is necessary for the management of orders and is subject to computer processing. As such, information concerning him may be communicated to technical service providers or subcontractors of Façon Parfums & Cosmétiques SASU. The Customer may oppose the possible transfer to a third party of personal data concerning him, it being specified that this opposition may result in the impossibility of processing his order.
In addition to processing orders, where applicable, the Customer's data may be used by Façon Parfums & Cosmétiques SASU and its partners to: inform the Customer of upcoming sales and events, by sending invitations; strengthen and personalize communication between Façon Parfums & Cosmétiques SASU and the Customer, in particular by sending information relating to the Products, the Façon Parfums brand, and the posting of new content.
In addition, Façon Parfums & Cosmétiques SASU may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracking the number of visitors to certain pages. In accordance with the “Informatique et Libertés” law of January 6, 1978, the Customer has the right to access, modify, rectify, oppose and delete personal data concerning him. He may exercise this right by sending his request by email to: firstname.lastname@example.org.
VII. Intellectual property
The "Façon Parfums" brand, the figurative brand representing the monogram "F", all other brands and logos linked to Façon Parfums & Cosmétiques SASU, registered or not, displayed on the Site as well as the domain name www.façonparfums.com are the exclusive property of Façon Parfums & Cosmétiques SASU. The Site as a whole, as well as the elements that compose it (in particular texts, soundtracks, software, animations, photographs, videos, illustrations, logos, and more generally any distinctive sign etc.) constitute intellectual works protected by the provisions of the Intellectual Property Code. The Site and its component parts are the exclusive property of Façon Parfums & Cosmétiques SASU, which alone is authorized to use the related intellectual property rights and personality rights, in particular trademarks, models, copyrights and the right to 'image.
The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than for personal and private use for a non-commercial purpose of the Internet user is strictly prohibited. Violation of these provisions subjects its author to the penalties provided for both by the Intellectual Property Code and by the Civil Code.
VII.3 Hypertext links
The creation of any hypertext links to any of the web pages or elements making up the Site is prohibited, except with the prior written authorization of Façon Parfums & Cosmétiques SASU, which authorization may be revoked at any time. All sites with a hypertext link directing to the Site or any of the elements that compose it are not under the control of Façon Parfums & Cosmétiques SASU and the latter therefore declines all responsibility (in particular editorial) concerning access and content to these sites.