RETENTION OF TITLE
TRANSFER OF RISK
RIGHT OF WITHDRAWAL
SIGNATURE AND PROOF
INTELLECTUAL PROPERTY RIGHTS
PROTECTION OF PERSONAL DATA
APPLICABLE LAW AND JURISDICTION
Update date: October 2023
These general terms and conditions of sale (the « General Terms and Conditions ») apply between PRESTIGE COSMETIQUE (the « Company ») and any individual or legal entity, merchant or otherwise, (the « Customer ») purchasing from the Site (hereinafter referred to together as the « Parties »).
The Parties agree that these General Terms and Conditions exclusively govern their relationship.
Any Customer may read the General Terms and Conditions at any time on the www.lateliergrosdesirs.fr website published by the Company (the « Site »).
These General Terms and Conditions may be amended at any time. The applicable terms and conditions are those in force on the Site on the date your order is placed. They are brought to the Customer’s attention and accepted by the Customer when the order is placed.
Validation of any order implies acceptance by the Customer of the General Terms and Conditions brought to his/her attention. This acceptance must be full and complete; any acceptance subject to reservations is considered null and void.
The purpose of the General Terms and Conditions of Sale is to set out the terms and conditions of sale between the Company and the Customer, from the placing of an order on the Site through to after-sales services, including payment and delivery.
The products governed by these General Terms and Conditions are those which appear on the Site and indicated as sold and dispatched by the Company (the « Products »). In particular, the Company proposes perfumery products for sale.
The Products are only offered while stocks last. The Company accepts no liability in the event of stock shortage or unavailability of Products for orders not yet accepted.
In the event of Products becoming unavailable after an order has been placed by the Customer, especially in the case of simultaneous orders of Products by several Customers, the Customer will be informed by e-mail or telephone as soon as possible and offered the choice of either ordering another Product presented on the Site as a replacement, or cancelling the order.
The essential characteristics (qualitative and quantitative) of the Products are described and presented on the Site as precisely as possible. However, these descriptions, as well as the dimensions and photographs, cannot be considered to be part of the contract.
The Company will make every effort ensure the accuracy of the photographs and descriptions of the Products appearing on the Site. Variations may nevertheless occur, in particular due to the technical limitations of colour rendering on the Customer’s computer equipment, or industrial constraints on the precision of dimensions, so that the Company shall not be liable for variations that are not its fault or for non-substantial variations.
The price of the Products listed on the Site is given in euros.
These prices include all taxes and take into account French VAT and any reductions applicable on the day of the order.
The prices of the Products do not include delivery costs (costs of processing your order, packaging costs, carriage costs and any return costs). The amount of delivery costs will be specified on the order form before the order is validated.
Customers residing outside the territory of the European Union and in the French overseas departments and territories (DROM-COM) are informed that the prices displayed on the Site do not include customs duties. Customers are responsible for clearing the Products through customs and for paying any import duties and taxes. These duties and taxes are the responsibility of the Customer, both in terms of declarations and payments to the competent authorities of the country concerned.
The prices of the Products may be amended at any time by the Company. Prices may not, however, be modified once the Customer’s order has been validated.
A bill is drawn up for each order and sent to the Customer by e-mail.
4.1 Identification of the Customer
For any initial order, Customers must follow the procedure for creating a customer account, as shown on the Site. Customers must identify themselves with their email address and password in order to place an order.
Should the password be lost or forgotten, the Customer may request it again by going to their customer account and clicking on « Forgotten password ». They will then receive a link to change their password at the email address they provided when creating their customer account.
Customers may also contact Customer Services by e-mail at email@example.com, or by telephone on +33 (0)126.96.36.199.13, to request a change to their customer account password.
4.2 Order placement
Customers must be at least eighteen (18) years old and have the legal capacity necessary to place and honour any order or hold an authorisation allowing them to place and honour any order and be able to justify this at any time, at the Company’s request.
Customers place their orders on the Site in accordance with the procedure set out and explained below:
1.Customers enter the Site address: www.lateliergrosdesirs.fr
2.Customers select the Products they wish to order and add them to their basket,
3.Customers complete the account creation form (for the first order) or log in to their customer account,
4.Customers fill in and check the details relating to their order: the delivery and invoicing address [failing which the order will be rejected, Customers must choose a delivery address for the Product(s) that is/are located in the countries referred to in article 8.1 of these General Terms and Conditions], the delivery method chosen, the payment method chosen and the bank details required for payment,
6.Customers confirm the order, the total price and the all-inclusive price by clicking on « Pay for my order »,
7.Customers will receive an electronic acknowledgement of receipt containing the details of their order. The order will only be confirmed once payment has been accepted by the 8.Customer’s bank and the amount of the order has been received by the Company,
Confirmation of the order is sent electronically to the Client,
9.Customers will receive their parcel at the delivery address they indicated when placing their order,
A summary of the order will also be available on the Site under the heading « My account », category « My orders ».
Orders will only be validated once payment has been accepted. Once payment has been made, a confirmation of the order will be sent by the Company to the Customer by e-mail to the e-mail address indicated by the Customer.
Customers accept that the invoice will be considered as proof of the contractual relationship between the parties. The Customer will have the option of printing the invoice sent with the order confirmation.
In compliance with article 1127-2 of the French Civil Code relating to the conclusion of a contract in electronic form, the Customer may view the details of his/her order (Product, reference, quantity, unit price) and its total price and correct any errors. The Customer must check the accuracy of their order before confirming it to express their acceptance. Any confirmed order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned in article 10 of the General Terms and Conditions of Sale. The Company will acknowledge receipt of the order as soon as it has been placed by sending an e-mail.
If a Product is unavailable when the order is placed, the Customer will be informed by the Company by electronic mail to the email address provided when the Customer account was created.
In some cases, notably non-payment, incorrect address or other problem with the customer account, the Company reserves the right to block the Customer’s order until the problem has been resolved.
For any questions relating to the tracking of an order, the Customer should either consult their customer account on the Site, or write to Customer Services by e-mail at firstname.lastname@example.org, or by telephone on +33 (0)188.8.131.52.13.
The company reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if it reasonably believes that the Customer has breached these General Terms and Conditions of Sale, has engaged in fraudulent activity, or for any other legitimate reason.
All payments are in euros and can be made by credit card (Carte Bleue, Visa, Mastercard or american express)
To guarantee payment security, the website uses the secure payment gateway Stripe. This service incorporates the SSL security standard. Confidential data (the 16-digit bank card number, the expiry date and the CVV/CVC code) are transmitted encrypted directly to the bank’s server without passing through the physical media of the Company’s server. When the order is validated: The payment request is routed in real time to the secure remote payment manager. This sends an authorisation request to the bank card network. The telepayment manager issues an electronic certificate, which serves as proof of the amount and date of the transaction in accordance with the provisions of articles 1358 et seq. of the French Civil Code.
Products purchased will remain the property of the Company until full payment has been received by the Company.
Customers bear the risks (in particular of loss, theft or deterioration) concerning delivered Products from the moment they are delivered to the address indicated when the order was placed.
8.1 Geographical delivery zones
Delivery means the physical handing over of the Product to the Customer (the « Delivery »). Products purchased on the Site may be delivered in France and in the rest of the world.
8.2 Conditions of Delivery
Deliveries shall be made at the Customer’s home address specified in the customer account or at the delivery address indicated by the Customer in the order form. The Company cannot be held responsible for the impossibility of delivering the Product(s) ordered in the event of an error in the Customer’s contact details.
On placing an order on the Site, Customers are invited to choose the delivery method for the Products. Delivery costs are calculated according to the place of delivery of the Products and the delivery method chosen by the Customer. They will be indicated to the Customer before the final confirmation of the Order.
8.3 Processing and delivery times
For any order made via the Site, The Company agrees to prepare the Customer’s order within 24 to 48 hours (excluding weekends and public holidays) and within a maximum of ten (10) working days during busy periods (Christmas, sales, etc.), it being specified that these times only start to run once your order has been validated by Customer Services.
Maximum delivery time is thirty (30) days.
If delivery is delayed, the company will inform the Customer of this delay by e-mail. In such a case, the Customer may decide to cancel the order. In the event that the order has not yet been dispatched on receipt of the Customer’s cancellation notice, delivery will then be blocked and the Customer will be reimbursed for any sums debited within fourteen (14) calendar days of receipt of the said cancellation notice in accordance with article L. 216-3 of the French Consumer Code. In the event that the order has been dispatched, the Customer will always have the option of cancelling the order by refusing the parcel.
Delivery times vary according to the country and location within the country:
( delivery times )
Delivery in France (including Corsica, Monaco and Andorra): 1 to 4 working days
Delivery in Europe: 3 to 7 working days
Overseas delivery: 5 to 10 working days
Worldwide delivery: 5 to 12 working days
To enable these deadlines for delivery to be met, Customers must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Neither the Company nor the Customer may be held responsible for any delay in delivery that is not due to the Company’s fault or that is justified by a case of force majeure.
For any questions, the Customer may contact Customer Services by e-mail at email@example.com, or by telephone on +33 (0)184.108.40.206.13.
In application of article L.221-18 of the French Consumer Code, Consumer Customers are entitled to a right of withdrawal for fourteen (14) calendar days from the date of receipt of the Products ordered, allowing them to return the Product(s) without giving any reason or paying any penalties. Where this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
Customers may exercise their right to withdraw from the contract by sending an e-mail to firstname.lastname@example.org, or by using the standard withdrawal form provided in Appendix II of these General Terms and Conditions of Sale.
The return costs are free in France and payable abroad.
Customers will receive a returns form by email within a maximum of one week, which they must print out and attach to the parcel containing the returned Product(s). The Customer must then send the parcel, at his/her own risk, to the following postal address:
1 rue du Pont Saint-Jean
No refund will be made in the absence of a return order form.
To exercise your right of withdrawal, Products must be returned in their original packaging, in their original condition, new, unworn, unwashed and unused, and accompanied by their purchase invoice or a copy in the case of partial returns. Products returned incomplete, damaged, worn or soiled will not be reimbursed.
As regards gift cards, if they have been used in whole or in part before the expiry of the periods mentioned in the first paragraph, they may no longer be the subject of a retraction.
Except for the initial delivery costs, the Company will reimburse the returned Products as soon as possible and, at the latest, within fourteen (14) days following the exercise of the right of withdrawal (please note, however, that an additional period may be applied by your bank when reimbursing).
Refunds will be made via the payment method used to pay for the returned order.
For example, if the Product order was paid for by bank card, and the bank card is still valid, the refund will be made to the account linked to this bank card.
All the Products on sale on the Site are covered by the legal guarantee of conformity (articles L.217-1 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 Customer to return defective or non-compliant Products with a view to replacement, subject to available stocks.
Customers have a period of two (2) years from the date of delivery of the Product to take action in application of the legal guarantee of conformity, and in this event, may choose between repairing or replacing the Product, subject to the cost conditions set out in article L217-9 of the French Consumer Code.
If replacement is not possible, the Company undertakes to refund the price of the Product ordered within thirty (30) days of receipt of the Product returned by the Customer to the Company at the following address:
1 rue du Pont Saint-Jean
Furthermore, the Customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code, in which case he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
PROOF AND SIGNATURE
In all instances, the provision of the bank card number online and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and shall constitute payment of the sums corresponding to the price of the Products appearing on the order form as well as the delivery charges.
Such validation shall constitute signature and express acceptance of all operations carried out on the Site.
If the Customer’s bank card is used fraudulently, the Customer is invited, as soon as this is discovered, to contact Customer Services by e-mail at email@example.com, or by telephone on +33 (0)220.127.116.11.13.
The company agrees to use all the care customary in the profession to implement the service offered to the Customer. However, it may not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by the case law of the French courts.
Likewise, the Company may not be held liable :
any failure to perform or improper performance of the contractual obligations incumbent on the Customer, particularly at the time of placing the order on the Site ;
any damage that does not result from a breach by the Company of one of its obligations;
for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, external intrusion or the presence of computer viruses;
for any delay attributable to a stock shortage.
PROPERTY AND COPYRIGHT
The company holds the right to market all of the Products on the Site.
All the elements of the Site and appearing on the Site, whether visual or audio, including the underlying technology, trademarks, logos, graphics, photographs, drawings and models, are protected by copyright, trademarks, patents or any other intellectual property right. They remain the exclusive property of the Company. Their disclosure may not under any circumstances be interpreted as granting a licence or any right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of prosecution.
Accordingly, none of the documents originating from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the prior authorisation of the Company.
The company is committed to protecting the Customer’s personal data collected during the ordering process, in particular by refusing to share or resell this data to third parties. All personal data is treated with the strictest confidentiality.
Information provided by the Customer on the Site enables the Company to:
Identify and authenticate the Client’s access to the Site;
Execute the sales contract and ensure delivery of the Products purchased by the Customer;
Inform the Customer about the Products;
Deal with questions or requests sent by the Customer;
To send the Customer, with his/her consent, advertising or commercial prospecting messages by means of any applicable communication channel, in particular e-mail, SMS, etc. ;
To enable the Customer to benefit from promotions;
Where applicable, to send the newsletter to which the Customer has subscribed;
To improve the Site in terms of navigation and functionality;
Diagnose and remedy problems on the Site.
In compliance with current legislation, and in particular Law no. 78/17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties and the RGPD, the Customer has the right to access, rectify and delete his/her personal data, as well as the right to limit the processing and portability of his/her data.
Customers also have the right to object on legitimate grounds to the processing of their data by the Company, and the right to lodge a complaint with the CNIL.
Customers may exercise their legal rights at any time by sending their request by email, post or telephone to the contact details below:
By mail: Prestige Cosmétique, 66 avenue des Champs-Elysées, 75008 Paris, FR
By e-mail: firstname.lastname@example.org,
To enable the Company to satisfy this request, the Customer must send the elements necessary for identification: surname, first name, e-mail and, if applicable, postal address.
After deleting personal data, the Customer will not be able to restore it. Furthermore, the Company cannot assure the Customer that such deletion will completely remove any personal content or information that the Customer may have made public.
LAW APPLICABLE AND PLACE OF JURISDICTION
These General Terms and Conditions are governed by French law. The competent court in the event of a dispute shall be that of the domicile of the defendant or, at the choice of the plaintiff, the place of actual delivery of the Product.
The Website conforms to French law, and under no circumstances does the Company give any guarantee of compliance with local legislation that may be applicable to the Customer, if the Customer accesses the Website from other countries.