GENERAL TERMS AND CONDITIONS OF INTERNET PURCHASES AT ETATLIBREDORANGE.COM
GENERAL CONDITIONS OF PURCHASE
The following General Terms and Conditions of Sale are concluded between,
from one part, Editions des Sens, simplified joint stock company with a capital of 68100 Euros, registered by the Paris Trade and Commerce Register of enterprises under the number B 453 829 236 (SIRET 453 829 236 00018) number, whose head office is located at 69 rue des Archives – 75003 Paris, France.
and from another part, natural persons willing to make a purchase via the www.etatlibredorange.com Internet website (hereinafter, the « Website ») or its derived addresses, hereinafter referred to as the « Consumer ».
The Website allows Editions des Sens to offer to natural persons acting as website users, perfumes of the registered brand « Etat Libre d’Orange » (hereinafter « The products »).
For the application of the following, it is agreed that that the Consumers and Editions des Sens will be designated collectively « Parties » and individually the« Party ».
It is specified that the Products are aimed at the exclusive personal usage of the Consumer.
The products offered on the Website are not intended for resale. The products are sold exclusively on the Website. Any resale or use for promotional purposes of products purchased via the Site outside this network and especially on the Internet is strictly prohibited. Regardless of the type of the infringement towards the brand, it may be of a nature to engage the responsibility of its authors.
When placing an order for a product on The Website, The Consumer recognizes having read these Terms and Conditions and having accepted them without any restriction.
This acceptance is in no way conditioned by a handwritten signature on the part of the Consumer.
It is specified that the Consumer can save or print these Terms and Conditions of Sale, provided however that they do not modify them in any way.
All of the special conditions contained in the documents issued by the Consumer (including the order itself) cannot prevail on these Terms and Conditions of Sale without the express prior written consent of Editions des Sens.
The following General Terms and Conditions of Sale define the modalities of the sale of Products by Editions des Sens through the deposited brand Etat Libre d’Orange, to the Consumer, as well as the as the rights and obligations of the Parties that arise from the online sale of the Products offered on the Site.
They determine all of the necessary steps to place an order and ensure the follow-up of the order between the Parties.
2.1 PRODUCT DESCRIPTION
Editions des Sens present on their Website the Products for sale as well as their descriptions in the Product section (‘Shop’).
Editions des Sens will make the best effort to ensure that the color and the appearance of the Products on the displayed photographs are true to the original products. However, Editions des Sens does not have any governance upon the limitations that the Consumer may encounter due to technical specifications of the color transmission on their informatic devices. Therefore, Editions des Sens cannot be held accountable for the inexact photographic representation of the Products on the Website.
2.2.1. The Products offered for sale by Editions des Sens are those listed on the Website. This is in effect on the day of the consultation of the Website by the Consumer and within the constraints of available stock of the Product. Français
2.2.2. In case of unavailability of a product, Editions des Sens will inform the Consumer as soon as possible by email of the delivery of a partial order or the cancellation of the order.
This information can be put through during the establishment of the order or following the validation of the order but before delivery. The Consumer will then have 48 business hours (excluding weekends and public holidays) to request the cancellation or sending on special conditions (partial delivery) of his order, by contacting the Consumer Service, either by email to firstname.lastname@example.org, by phone 01 42 78 30 09 from France or +33 1 42 78 30 09 from abroad (from 10am to 18pm, Paris time, Monday to Friday). After this period of 48 hours, and if no request from the Consumer was sent to Editions des Sens, the partial order will be shipped for delivery to the Consumer.
If the Consumer’s bank account has already been debited at the time of the aforementioned information of the Consumer, Editions des Sens undertakes to refund to the Consumer as soon as possible the price of the Product(s) unavailable on the bank account debited at the time of the order.
In the event of a request by the Consumer for the cancellation of the entire order, Editions des Sens undertakes to reimburse the Consumer for the sums paid within thirty (30) days at the latest after their withdrawal.
2.2.3. In case of unavailability of a product, the customer can make a request for the replacement of a good ordered by another one of his choice of the same price. The customer can also choose an item of a higher price and in this case the difference in price will be payable. When choosing an item at a lower price, the customer will be refunded the difference on the means of payment used. The request can be addressed to email@example.com or by phone 01 42 78 30 09 from France or +33 1 42 78 30 09 from abroad (from 10h to 18h, Paris time, from Monday to Friday ).
2.2.4. At any time, Editions des Sens reserves the right to modify or no longer market a product or products offered on the Website. Nevertheless, these changes will have no impact on orders that Editions des Sens accepted before the entry into force of these changes.
2.3.1. All prices indicated are in Euros. The applicable prices are those indicated on the Website at the time the Consumer places his order, except typographical error. These prices are inclusive of all taxes, except for transport costs and fees be charged extra, which will be indicated specifically in the summary of the order and the order confirmation email and added to the total price of the order. The total price indicated on the summary of the order and the order confirmation e-mail will represent all the sums that will be invoiced, all duties or taxes and costs included.
The prices are subject to the French T.V.A. (Value-added Tax). Any change in the legal rate of this T.V.A. will be reflected in the price of the Products presented on the Website, on the date stipulated by the relevant application decree.
In the event when the Consumer uses a credit card attached to an account located outside the Eurozone, the Consumer may be charged exchange fees and bank commission by his bank. Those payable fees will remain the responsibility of the Consumer.
2.3.2. At any time without prior notice, Editions des Sens reserves the right to modify its prices. These modifications will not have any impact on the orders that Editions des Sens accepted before the deployment of these modifications. Nevertheless, the order placing will still remain subject to the availability of the Products ordered.
- PLACING AN ORDER
3.1. MODALITIES OF THE ORDER
Orders cannot be placed over the phone at Editions des Sens.
The online store of Etat Libre d’Orange Editions des Sens offers its products to non-professional customers over the age of 18 and in full legal capacity.
By browsing the Website, the Consumer has the opportunity to learn about the various Products offered for sale on the day of the consultation of the Website.
The navigation on different pages of the Website is non-binding for the Consumer to placing an order.
During the navigation of the Website, the Consumer wishing to place an order may do so by clicking the “Add to cart” button, which appears next to each Product displayed.
As soon the Product or Products have been added to the « Basket », the « Basket » will appear to the Consumer in a pop-up window. It will display all of the elements of the order as well as demonstrate the nature of the Products ordered, their quantity and the total amount.
Until the order is validated, the Consumer can return to it, modify or cancel. If the Consumer wishes to choose additional Product(s), this can be done through a click on the “Continue shopping” button. The Consumer can be assured that the Product(s) already selected will remain safely in the “Basket” section.
The Consumer is informed that at any step of the order placement process up until the actual validation through payment (please see Section 4 for Payment), there is a possibility of returning to the order, completing it, modifying it, canceling it.
Once the selection of the Products has been completed, the Consumer can place an order by clicking on the “Proceed to order” button. The Consumer will then, on a separate page, be invited to fill out the form at disposal with the accurate contact details. The Consumer undertakes to indicate the first and last names, a valid e-mail address and a delivery address to which the order is to arrive during working hours from Monday to Saturday for mainland France and on business days in other countries.
Once the entire form is completed, a summary of the order will display all the information related to this order. This will include the nature, quantity and price of products, the total amount of the order (including shipping costs), the consumer’s details, the delivery address and the billing address.
After having reviewed the order, the Consumer will be invited to make the payment on his order through selecting a payment method: CM-CIC p@iement (by credit or debit card) or PayPal by clicking on the “Order” button.
The data recorded by Editions des Sens will represent a proof of all transactions between Editions des Sens and the Consumer.
3.2. CONFIRMATION OF THE ORDER
3.2.1. Once the order has been confirmed and its payment validated in accordance with the terms set out in Section 4 below (the provision of the credit card number, its expiry date and, where applicable, the visual cryptogram), a confirmation message will be displayed which will include the references of the order.
3.2.2. Editions des Sens reserves the right to keep the order in the ‘proccesing’ status for approximatively 24 hours before shipping.
3.2.3. Editions des Sens retains ownership of the Product(s) ordered until the full payment of the price and its supplements, including postal fees.
3.2.4. In order to protect Editions des Sens from abusive practices operated by fraudulent organizations or individuals, in the event that the card security system used by Editions des Sens indicates an elevated potential risk of a fraudulent nature of an order, Editions des Sens reserves the right to ask the Consumer for additional documents (proof of address and debit in the name of the Consumer, photocopy of the Consumer’s identity card, photocopy of the Consumer’s credit card …) in order to verify the non-fraudulent nature of the latter.
In the absence of a response from the Consumer within fifteen (15) days following the sending of a request for additional information by Editions des Sens, the order will be canceled and Editions des Sens will proceed as soon as possible with a reimbursement of the funds on the bank account debited at the time of the order.
3.3. PROOF OF THE ORDER
In general terms, there is an express agreement between Editions des Sens and the Consumer that e-mails will prevail between the Parties as well as the automatic registration systems used on the Website, in particular, related to the nature and date of the order.
The Consumer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Consumer and Editions des Sens. To do this, the Customer will need to kindly contact the Consumer Service Department, either by email at firstname.lastname@example.org or by telephone on +33 1 42 78 30 09 from abroad (from 10h to 18h, Paris time, Monday to Friday,), to which he will provide all the necessary information regarding the order, including the order number and contact details.
4.1. The payment is required immediately on the Internet at the moment of placing an order in Euro (€) via Credit or Debit card (CB, Visa, MasterCard, American Express) or PayPal, to the exclusion of any other means of payment. 4.2 Editions des Sens reserves the right to refuse any order or delivery in case of a dispute with the Consumer, total or partial non-payment of a previous order by the Consumer, refusal of authorization to pay by credit card banking institutions, non-payment or partial payment. 4.3. The Consumer guarantees Editions des Sens of having the necessary authorizations for the usage of the payment method chosen at the time of the validation of the order. In case of a refusal from the bank, the order will be automatically canceled and the Consumer will be notified by an email letter.
4.2 Editions des Sens uses a secure payment system CM-CIC p@iement or PayPal and guarantees the Consumer that he does not have access to the confidential information linked to the payment method used by the Consumer when putting the order through. Only CM-CIC p@iement or PayPal are in possession of this information. For this reason, the bank details of the Consumer will be asked every time the Customer decides to place an order on the Website.
- DELIVERY AND ORDER RECEIVAL
5.1. DELIVERY MODALITIES
Once the order has been prepared, it will be sent to the postal address indicated by the Consumer at the time of placing the order.
The Consumer will be able to follow the delivery progress on the Website, by clicking on “My Account” (bottom of the screen) and indicating his e-mail address and password set at the time of his order.
Products ordered according to the Consumer’s choice will be delivered to the delivery address indicated in the delivery note.
The delivery cannot, in any event, be made to hotels or to PO boxes.
Products are delivered by post in France (Colissimo) as well as to other countries upon the arrival of the package. In case of the absence of the Consumer, will be deposited at the Post Office. The location of the Post Office will depend on the delivery address indicated by the Consumer.
The delivery being ensured by a third party provider, the Consumer is informed that Editions des Sens cannot in any way be held responsible if the non-performance or the bad execution of this obligation is attributable to the Consumer or for an unpredictable or insurmountable event of a third party contract as well as a case of force majeure.
The amount of shipping costs varies depending on the country of delivery. These costs will be indicated on the order summary page preceding the payment.
In the event where the order will not be delivered to the client and returned to the sender (Editions des Sens), Editions des Sens will offer a new shipment to the client. The client will at this point be asked to pay the fees for the new shipment. In order to make this payment, the client will be sent a payment request link from PayPal on the email addressed used when placing the order. This payment could be made even in the event where the client does not hold a PayPal account.
5.2. DELIVERY TIME ESTIMATES
The Products purchased will be expedited by the regular postal services that are in charge to deliver the order in the following average timings:
-Within 2 (two) to 5 (five) business days for delivery to France
-Up to 13 (thirteen) business days for the rest of the World
- THE RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code (Article L. 221-18 et seq.), The customer has 14 days from the receipt of products to exercise the right of withdrawal without having to justify reasons or paying compensation to Editions des Sens. The customer acknowledges that the right of withdrawal could not be exercised on personalized products, made according to a special request, in accordance with Article L. 221-28 3e of the Consumer Code.
The right of withdrawal can be exercised by request in writing to email@example.com. The Company will acknowledge receipt of the customer’s withdrawal by e-mail. Shipping charges will be at the expense of the customer. For the return of products, Editions des Sens recommends that they be sent by priority mail with acknowledgment of receipt. The return should be made to the following address:
Editions des Sens SAS
69 rue des Archives
This right of withdrawal can no longer be exercised if the returned products have been opened and/or used. If the perfume bottle spray pump has been started, the item will not be accepted for return or exchange. Items damaged by the Customer will not be accepted and will remain in this condition at Editions des Sens at the disposal of the Customer.
The products must be returned to Editions des Sens within fourteen (14) days of the declaration of retraction in new unused condition and in their original packaging which also is required to be in perfect condition and sufficiently protected during the shipment. The return must also contain an original receipt or a copy of the receipt if there is a partial return of the order.
- 7. REIMBURSEMENT
7.1. Following the exercise of the right of withdrawal, Editions des Sens will refund to the customer, within thirty (30) days from the date of receipt of the goods, the full price of products, provided the returned product in pristine like-new condition.
7.2 Refunds will only be made using the same means of payment used for the original transaction. A notification email would be sent to the Customer once the refund has been made. Only the customer will be entitled to a refund. Under no circumstances will a gift recipient be entitled to a refund.
- NON-COMPLIANT ARTICLE
The customer must ensure that the items delivered correspond to his order.
The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good (Code of the consumption, Article L. 217-12).
According to the Consumer Code (Article L. 217-5): the good demonstrates conformity in the following events:
– if its’ method of usage corresponds to the one of a product of the same category of a good;
– if it corresponds to the description given by the seller and possesses the qualities that were presented to the buyer in the form of a sample or a model;
– it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted.
The seller is bound by the guarantee for reasons of hidden defects of the sold articles which render it unsuitable for the use for which it is intended, or which reduce such up to an extent that the buyer would not have acquired it, or not would have paid a certain price should he had known them. (Civil Code, Art.1641).
In the event that the delivered items are not in accordance with his order, it is recommended to the Customer to inform the Company as soon as possible by phone 01 42 78 30 09 from France or +33 1 42 78 30 09 from abroad (from 10h to 18h, Paris time, Monday to Friday) or by email on firstname.lastname@example.org with the reason to the non-compliance of the article. In the event where an article could be thought to be not compliant, a return of the item(s) will be required. Returned items should be in their original packaging (or, at the very least, in the packaging which will provide equivalent protection for such items during their return transportation, in perfect condition, unused and accompanied by all accessories and documents supplied as well as the delivery note attached to items.
If the customer himself organizes the return of the article(s), by the means of his choice and at his expense, it is recommended that he would keep any proof of the return of the article by mail or by any other means with the cost of return. If the non-compliance of the article will be proven, Editions des Sens will take those shipping expenses on the Company. Reimbursement will be made to the customer’s bank account after the latter has sent proof of said expenses. In the absence of an option of the exchange of a returned item and if the customer does not wish to have a credit with the Company, the refund of the invoiced price of non-compliant items returned will be made to the customer’s bank account no later than fourteen (14) days after the receipt by the Company of the returned items.
It is expressly reminded to the Customer that the Internet is not a secure network. Under these conditions, it is up to the user, under his responsibility, to make all necessary precautions for the purpose of ensuring the confidentiality of personal information transmitted over the Internet. Users are therefore advised to handle their personal information with great caution, as well as to take all appropriate measures to protect their software, including from contamination by possible Internet viruses or the intrusion of a third party into the user’s equipment system.
Editions des Sens cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including an interruption of service, external intrusion or the presence of computer viruses. This will include interruptions or delays on the Site due to maintenance work, technical failures, force majeure, intrusion by third parties or any circumstances whatsoever, regardless of its will.
This may also imply the impossibility of the customer or the Company to contact Editions des Sens and / or to temporarily access the Site, due to force majeure, such as of computer breakdown, interruptions in the telephone network, the internet network, failure of signal reception of said internet network and other. Without limiting the scope of the foregoing provisions, Editions des Sens’ liability hereunder may not exceed an amount equal to the amounts paid or payable in the transaction giving rise to said liability, regardless of the cause or form of the action concerned. Editions des Sens is not liable for any breach of its obligations, as defined herein, resulting from a case of force majeure. Editions des Sens will not be held responsible for any non-performance or delay in the performance of contractual obligations caused by events beyond the reasonable control of the Company as defined in article 1218 of the Civil Code and by jurisprudence.
- LEGAL NOTICES AND LEGAL CLAUSES
11.1. COMPUTING AND FREEDOM
The collection of personal information collected in the context of distance selling is mandatory. The information gathered is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential, it will be used by Editions des Sens or its subcontractors, subject to the same obligations, for the processing of orders made. The absence of required information leads to the automatic rejection of the order.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, the files and the liberties, the treatment of the nominative information collected on the Site was the subject of a declaration near the National Commission of the ‘Informatique et Libertés. The Consumer has a right to access, modify, rectify and delete personal information collected by Editions des Sens concerning him.
To exercise this right, the Consumer can contact the Customer Service, either by email at email@example.com or by phone at 01 42 78 30 09 from France or at +33 1 42 78 30 09 from abroad (from 10h to 18h, Paris time, Monday to Friday).
Editions des Sens undertakes not to resell the Consumer’s details to third companies without its prior consent.
The Consumer may be required to receive from Editions des Sens e-mails information on products and activities from Editions des Sens. The Consumer retains the right to refuse a posteriori such communication either by not giving his consent at the time of validation of the order, or by expressing his refusal by email to the address firstname.lastname@example.org.
11.2. CONTRACTUAL INTEGRALITY
Together with these General Conditions of Sale and the order summary sent to the Consumer form a contractual entirety of the contractual relations between the Parties.
11.3. MODIFICATION OF THE PRESENT CONDITIONS OF SALE
Editions des Sens may place cookies in the Consumer’s computer while browsing the Website. Those cookies enable Editions des Sens to record information relating to the browsing of the Consumer’s computer on the Website (pages viewed, date and time of the consultation etc.). This also aims to provide a comfortable navigation and use of the Website, including the personalization of certain pages. The Consumer may oppose the registration of cookies by configuring his browser with a cookies prohibition.
11.5. APPLICABLE LAW – DISPUTES
The law applicable to these General Conditions of Sale and the related orders is the French law.
Any dispute that may arise on their validity, interpretation or execution and which has not been settled amicably by the Parties, will be submitted to the courts in the jurisdiction of Paris or courts whose jurisdiction will be determined by application of Common Law.