1. PURPOSE
These general terms and conditions of use and sale are intended to define the rights and obligations of PARFUMERIE PARTICULIERE , on the one hand, and on the other, consumers and non-professional buyers (hereinafter referred to as the “Customer”) wishing to purchase the products offered for sale by PARFUMERIE PARTICULIERE on its Website, www.maisoncrivelli.com (hereinafter referred to as the “Website”).
They represent the sole basis of the commercial relationship between Atelier Particulier, a simplified joint stock company with a share capital of €20,000, whose registered office is located at 58 rue de Monceau – 75008 Paris, registered with the Paris Trade and Companies Register under number 944 532 027, identified for VAT purposes under number FR83944532027, (hereinafter ‘PARFUMERIE PARTICULIERE’), manufacturer and seller of PARFUMERIE PARTICULIERE products, and the Customer
The Customer recognises having the legal capacity required to contract and acquire the Products offered for sale on the Website.
On the Website, PARFUMERIE PARTICULIERE allows the Customer to place online orders for PARFUMERIE PARTICULIERE brand products (hereinafter referred to as “the Product(s)”) as per these general terms and conditions of use and sale (hereinafter referred to as the “GTC”).
The Customer declares (i) that they have read these GTC and the general terms and conditions of use of the Website and (ii) that they have accepted them by ticking the box provided for this purpose on the order summary page and prior to confirmation of the said online order.
Any order placed with PARFUMERIE PARTICULIERE therefore entails the Customer’s acceptance without reservation or restriction of these GTC.
These GTC can be modified at any time and without notice by PARFUMERIE PARTICULIERE , and the applicable GTC shall be those in force on the date of the Customer’s order.
Where necessary, these GTC shall prevail over any other version or any other contractual document.
2. PRODUCT CHARACTERISTICS
The main characteristics of the Products and. in particular, the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.
The Customer is responsible for acquainting themselves with this information prior to placing any order.
The Products offered for sale by PARFUMERIE PARTICULIERE on the Website are in accordance with applicable standards in France.
The Customer is hereby informed that, owing to the particularities of their Internet browser and depending on the screen used, colour variations may exist between the photos on the Website representing the Products and the products delivered to the Customer. PARFUMERIE PARTICULIERE cannot be held liable for these visual differences, which do not affect the Products’ essential characteristics.
3. ACCOUNT CREATION
Creating an account on the Website is compulsory to benefit from all private offers, private sales or other commercial operations reserved for the Website’s customers.
By creating their account, the Customer accepts our data protection policy, as set out in Article 11 of these GTC and declares that all the information provided is true and accurate. This information is: surname, first name, postcode, email, telephone number, etc.)
Customers are informed that their login and password are personal and confidential, and as such commits to keep this password secret and not to disclose it to a third party for any reason whatsoever.
The Customer is liable for consequences arising from the transfer of false or inaccurate information or whose recovery is illegal.
4. ORDER
4.1. Order Placement
The ordering process includes the following steps that the Customer is invited to follow by completing and verifying the information required for each of them:
– On the page relating to each perfume, choose a size and click on “Add to basket”
– Add products within the authorised limit (maximum of 6 units per perfume)
– When the selection process is complete, click on the Basket icon, which is found at the top left of the page, then click on “Confirm order”. Only one gift code is accepted per order.
– Connect to your account or complete the requested information
– Choose a payment method
– Confirm your order
4.2. Order Confirmation
The Customer has the opportunity to verify the order details, the total price and to correct any errors before confirming the order.
The Customer will receive an order confirmation email, summarising the breakdown of the items ordered.
No order will be considered until receipt of the payment of the entire amount owed by the Customer.
The Customer can track the progress of their order on the Website in the “My account > orders” section.
4.3. Product Availability
The Products presented on the www.maisoncrivelli.com website are offered for sale in the following territories: France and for export for certain countries (see list of countries in article 7. Delivery).
The Product offers are valid so long as they are visible on the Website, while supplies last. PARFUMERIE PARTICULIERE shall inform the Customer of the availability of the Products sold on the Website at the time of confirmation of the order.
PARFUMERIE PARTICULIERE reserves the right to cancel or refuse an order in cases of suspicion of fraud or litigation with the Customer regarding the payment of a previous order.
If, in spite of the vigilance of PARFUMERIE PARTICULIERE , the Products ordered are unavailable, PARFUMERIE PARTICULIERE will inform the Customer by email as soon as possible. The Customer’s order will then be cancelled. The Customer will be refunded for sums already paid within thirty (30) working days of the date on which the Customer was informed of the cancellation of their order by PARFUMERIE PARTICULIERE , according to the same payment method used for the order.
4.4. PARFUMERIE PARTICULIERE is not mandated to sell the Products on the website to professionals, but only to consumers or non-professionals, for their personal needs.
PARFUMERIE PARTICULIERE therefore reserves the right to refuse orders for the same product in large quantities and with more than 5 identical items.
5. PRICES
The Products are billed based on the rates in force on the Website at the time of order placement.
The Product prices displayed on the Website are labelled in euros, all taxes included. They do not include shipping, transport and delivery charges and any applicable discounts.
Shipping, transport and delivery charges are indicated in the Customer’s basket before the order’s final confirmation.
Customs duties, local taxes, import duties or similar levies may be payable. They will be payable by and the sole responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount of the order, including the shipping, transportation and delivery charges referred to in paragraph 3 of this Article.
PARFUMERIE PARTICULIERE reserves the right to modify the Product prices at any time, without such modification affecting a pre-confirmed order.
6. PAYMENT
The total amount of the order must be paid in full on the day the order is placed by the Customer.
The amount paid by the Customer cannot in any way constitute a deposit.
The Customer shall settle the amount by bank card (Visa, Eurocard/Mastercard, other “Cartes Bleues”). Transactions made on the Website are entrusted to our secure online payment provider.
No cash on delivery shall be accepted for any reason whatsoever.
7. DELIVERY
Products purchased on the maisoncrivelli.com website can only be delivered in the following territories: Member States of the European Union, Albania, Bosnia and Herzegovina, Serbia, Andorra, Guernsey, Jersey, Liechtenstein, San Marino, Switzerland, Malta, Norway, United States (USA).
For other territories, please contact us.
The products purchased on the Site are delivered in accordance with the following indicative delivery times, plus a maximum of 72 hours for processing your order and delivery to the carrier.
Metropolitan France: 2 working days
European countries: 2 to 6 working days
Other countries: variable depending on the destination.
The Products are shipped with the delivery slip to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. Delivery times indicated on the Website are for information purposes only.
PARFUMERIE PARTICULIERE undertakes to make its best efforts to deliver the Products ordered by the Customer within the time indicated, after validation of the order and subject to the payment of the latter.
PARFUMERIE PARTICULIERE undertakes to inform the Customer by email of the progress of the processing of their order.
It is the Customer’s responsibility to check the compliance of the delivery with respect to their order and to report any error without delay. The Customer is also required to check the condition of the Products delivered.
In the event of a package presenting any defects (missing product compared to the order form, damaged or open parcel, etc.), it is the Customer’s responsibility to advise in writing the carrier and PARFUMERIE PARTICULIERE (contact@parfumerieparticuliere.com) on the delivery day of the parcel, with the corresponding supporting documents (photographs in particular).
The Customer must return the Product(s) concerned by following the product return procedure described in Article 10.2.
Once PARFUMERIE PARTICULIERE has verified and confirmed the defect, the Customer will be refunded the amount of their order (price of products and shipping, transport and delivery costs referred to in Article 5, paragraph 3 of these GTC). The refund will be made using the same payment method used by the Customer for the initial transaction.
PARFUMERIE PARTICULIERE shall not be held liable for any consequences occurring due to a late delivery for which it is not responsible.
8. RIGHT OF WITHDRAWAL
PARFUMERIE PARTICULIERE conserve la propriété des Produits jusqu’au paiement intégral de la commande (prix des Produits et frais y afférents) par le Client.
9. RIGHT OF WITHDRAWAL
Pursuant to the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days as from receipt of the Product (s) to exercise their right of withdrawal with PARFUMERIE PARTICULIERE , without having to justify reasons for doing so.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be fully refunded; the return costs remain borne by the client.
To exercise their right of withdrawal, the Customer must notify PARFUMERIE PARTICULIERE of their decision to withdraw by using the withdrawal form available in Schedule II below these GTC, sent by email to contact@parfumerieparticuliere.com
The Customer will receive an email acknowledging their decision to withdraw as soon as possible.
The Products must be returned by the Customer no later than fourteen (14) days following their decision to withdraw. It is imperative that the Customer comply with the conditions and the procedure for return of the Products described in paragraphs 10.1 and 10.2 below.
10. RETURN, EXCHANGE AND REFUND
10.1. Product Return Conditions
The Customer must return the Product in the same conditions as those in which he received it.
The Products must be returned in their original packaging unsealed with the protective plastic film intact. The Products cannot have been tried and must be in brand new condition, unopened, unused, unspoiled, clean and untested.
To ensure the maximum protection of items, Products must be repositioned in the original package, resistant to different transport tests.
PARFUMERIE PARTICULIERE reserves the right to refuse the return if the returned Product is unfit for its release on the market in new condition (Product returned incomplete, ruined or damaged, for example).
10.2. Product Return or Exchange Procedure
The perfumes returned must be sent in brand new condition, unused and unopened, and in their original packaging. Shipment expenses are borne by the client.
Contact us at contact@parfumerieparticuliere.com stating your order number and your decision to return the products. Include the delivery slip, precisely specify the products that are returned and the requested transaction (exchange or refund). Pack the products carefully and add the delivery slip before closing the shipping package.
Send the package back to the following address:
CENTRE LOGISTIQUE DE DISTRIBUTION
Retour PARFUMERIE PARTICULIERE
1223 Voie Christophe Colomb
73800 Porte-de-Savoie
10.3. Refund
Pursuant to the provisions of Article L. 221-24 of the French Consumer Code, PARFUMERIE PARTICULIERE undertakes to refund the Customer within fourteen (14) days from the date on which it was informed of the Customer’s decision to withdraw. However, in the absence of receipt of the Products concerned or proof of shipment of said Products within this period, PARFUMERIE PARTICULIERE reserves the right to defer refund until the day the Products concerned are recovered or until the Customer has provided proof of shipment.
The refund is made using the same payment method used by the Customer for the initial transaction.
If the Customer has paid for his order using two payment methods, including a voucher, the refund will be prorated for each payment method, which means that the Customer will necessarily receive a portion of the refund by means of a voucher.
11. GUARANTEES AND RESPONSIBILITIES
The Products provided by PARFUMERIE PARTICULIERE , irrespective of the right to withdraw, shall be automatically covered by:
- -The legal guarantee of conformity (set out in Articles L. 217-4 to L. 217-13 of the French Consumer Code).
- -The legal guarantee against hidden defects (set out in Articles 1641 to 1648 and 2232 of the French Civil Code).
under the conditions and according to the methods provided for in the box below and in Appendix I of these GTC.
Within the framework of the legal guarantee of conformity, we hereby remind Customers that they:
– Are entitled to a period of two years as from the issuance of the good to take action.
– May choose between repair or replacement of the Product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.
– Are exempt from providing proof of the Product’s defect of conformity during the six months following the delivery of the Product. This period is extended to twenty-four months as from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies irrespective of any commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden Product defects within the meaning of Article 1641 of the French Civil Code. In this case, they can choose between the resolution of the sale or a reduction of the selling price pursuant to Article 1644 of the French Civil Code.
The Customer acknowledges and agrees that the prices of the Products may vary between the Website and the stores, and that under no circumstances can this difference in price justify a request for a refund, in whole or in part, of the Products purchased either on the Website or in stores, apart from the exercise of their right of withdrawal under the conditions set out in Article 8 of these GTC.
PARFUMERIE PARTICULIERE ’s cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
12. INTELLECTUAL PROPERTY
The content of the Website is the exclusive property of PARFUMERIE PARTICULIERE .
Under no circumstance shall the Customer be allowed to download or modify all or part of the Website and, in particular, its content (products listed, descriptions, images, videos, etc.).
Under no circumstance shall the Website or any part of the Website be reproduced, copied, sold or operated for commercial or professional reasons without the express written authorisation of PARFUMERIE PARTICULIERE .
As a general rule, PARFUMERIE PARTICULIERE retains ownership of all intellectual property rights related to the photographs, presentations, brands, bottles, packaging and other distinctive signs appearing on the Website. The Customer is therefore prohibited from reproducing or using any of the aforementioned rights and elements, without the express, prior written authorisation of PARFUMERIE PARTICULIERE , which may make it conditional on financial compensation.
13. PERSONAL DATA
The Customer is hereby advised and agrees that their personal data may be collected on the Website and used by PARFUMERIE PARTICULIERE , who acts as the data controller as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter referred to as “General Data Protection Regulation” or “GDPR”).
The data collected are as follows:
Collected Data | Purpose of Processing | Legal Basis | Retention Period | Data Recipient | ||
Surname, first name, delivery address, billing address, telephone, language | Management of orders of products or services | Contrat | 36 months | Service providers, sub-contractor, accounting department | ||
Account use | Contrat | 36 months | PARFUMERIE PARTICULIERE | |||
Email,birthday | Service personalisation (emails, product recommendation on our website, etc.) | Contrat | 36 months | PARFUMERIE PARTICULIERE | ||
Email, telephone | Delivery of messages by email or SMS (electronic sales prospecting) | Consent | 36 months | PARFUMERIE PARTICULIERE | ||
Targeted public/public profiling | Consent | 36 months | PARFUMERIE PARTICULIERE , Service Providers | |||
Fraud prevention | Legitimate interest | 36 months | ||||
Bank Card | Retention of credit card data following a payment | Law | ||||
Data are not transferred outside of the European Union.
PARFUMERIE PARTICULIERE uses tracing technologies, specifically cookies, to improve the Website and adapt it to the Customer’s needs.
PARFUMERIE PARTICULIERE commits to only using Customers’ confidential information as part of the operation of its Website.
Pursuant to the provisions of the Law of 6 January 1978 called “Informatique et Libertés”, amended by Law nr. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Customer has a right of access, correction, deletion, limitation, opposition and portability of personal data concerning the Customer contained in the files of PARFUMERIE PARTICULIERE .
The Customer is also entitled to file a complaint with the CNIL (the French National Commission for Information Technology and Civil Liberties), specifically on its website (www.cnil.fr).
For any information or complaint relating to data processing, the Customer can contact PARFUMERIE PARTICULIERE by email or by postal mail at the following address: PARFUMERIE PARTICULIERE 58 rue de Monceau 75008 Paris FRANCE.
PARFUMERIE PARTICULIERE undertake to reply Customers’ questions related to the protection of personal data within a raisonnable period of time.
14. FORCE MAJEURE
The Parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described in these GTC, results from a force majeure event as defined in Article 1218 of the French Civil Code.
The party acknowledging the force majeure event shall, without delay and in writing, inform the other party of its inability to fulfil its obligation and justify it to the other party.
The performance of these GTC will be suspended so long as the force majeure event persists. The suspension of the obligations shall under no circumstance give rise to liability nor incur the payment of damages, interest or delay-related penalties. PARFUMERIE PARTICULIERE will nevertheless endeavour, to the fullest extent possible, to put a stop to the force majeure or act of God event or to find a solution enabling it to perform its contractual obligations.
If the force majeure or act of God event is final or exceeds a duration of [sixty] (60) days, these GTC will be purely and simply rescinded as a matter of right. Where applicable, the sums paid by the Customer for their order will be refunded.
15. GENERAL PROVISIONS
15.1. Severability of Provisions
Should any of the provisions in these GTC be declared void or unenforceable by a court having jurisdiction, then the provision(s) will be declared unwritten and will not result in the nullity of the other provisions. These GTC will nevertheless continue to govern the commercial relationship.
15.2. Changes and Modifications to the GTC
These GTC may be modified at any time and without any prior notice by PARFUMERIE PARTICULIERE , with the applicable conditions being those in force at the time of the Customer’s order.
15.3. Applicable Law – Language
These GTC and their resulting transactions are governed by and subject to French law.
These GTC are written in French. If they are translated into another language, only the French text will prevail in the event of dispute.
15.4. Disputes
In the event of any dispute, attempts must be made to reach an amicable settlement.
The request for amicable settlement must be made by email to: eshop@maisoncrivelli.com
In the event of dispute, the Customer is hereby advised that they are able to have recourse to the procedure of consumer mediation under the conditions set out in Title I of Book VI of the French Consumer Code and, specifically, with MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS.
For European Union residents only :
In accordance with the provisions of Articles L 611-1 and R 612-1 and subsequent of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org
or by mail at MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS.
Pursuant to Article 14 of Regulation (EU) Nr. 524/2013, the Customer is also hereby advised that the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent settlement of disputes online by way of extrajudicial action between consumers and professionals in the European Union: https://webgate.ec.europa.eu/odr/
Disputes which cannot be resolved by amicable agreement will be brought before the competent French courts.
SCHEDULE I – PROVISIONS RELATING TO THE LEGAL GUARANTEES
Legal Guarantee of Conformity
Article L 217-4 of the French Consumer Code
The seller delivers a good in compliance with the contract and responds to the existing defects related to conformity at the time of delivery.
It also responds to any lack of compliance resulting from the packaging, assembly instructions or installation when the aforementioned is its contractual responsibility or was carried out under its responsibility.
Article L 217-5 of the French Consumer Code
The good is in accordance with the contract:
1° If it is fit for the customary use of a similar good and, where applicable:
– If it corresponds to the description given by the seller and possesses the qualities that it has presented to the buyer in the form of a sample or a model.
– If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in terms of advertising or labelling.
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L 217-12 of the French Consumer Code
The action resulting from the defect of conformity lapses after two years from the date of delivery of the good.
Warranty Against Hidden Defects
Article 1641 of the French Civil Code
The seller is bound to the warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648, Paragraph 1 of the French Civil Code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.