Terms and Conditions of Sale
SUMMARY:
PREAMBLE
- SUBJECT
- PRODUCTS
- PRICE
- ORDER
- PAYMENT
- DELIVERY AND RECEIPT
- RIGHT OF WITHDRAWAL
- REFUND
- EXCHANGE
- LEGAL GUARANTEES OF CONFORMITY
- RESPONSIBILITY FOR THE WEBSITE
- PERSONAL DATA
- FORCE MAJEURE
- PARTIAL NON-VALIDATION
- NO WAIVER
- CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
- ENTIRE AGREEMENT CLAUSE
- LANGUAGE
- APPLICABLE LAW AND JURISDICTION
Effective May 15, 2019
PREAMBLE
The general terms and conditions of sale (GTC) are established by the Seller Passion Olfactive located at 166 rue du Faubourg Saint-Honoré 75008 Paris.
Paris Trade and Companies Register number: 983884859
Siret number: 983 884 859 00015
VAT number: FR73 983 884 859
Customer service email: info@sensatioparis.fr
Phone number: +1 202-468-369
The Terms and Conditions of Sale govern the contractual relationship between the Seller and the Buyer wishing to purchase one or more Sensatio Paris Brand products via the online store https://www.sensatioparis.fr.
Sensatio Paris products are sold through a selective distribution network. Sales on the website are intended for the customer's personal use. Any order that does not correspond to a retail sale may be blocked and refused. Any order for the same item greater than or equal to 4 products will not be validated.
The Customer must be of legal age or have authorization from a legal representative, reside in the European Union or Switzerland, and hold a valid credit card.
By placing an order on the website, the Customer acknowledges that they have read and accepted the general terms and conditions of sale and the privacy policy. They may save or print them without modifying them.
In accordance with applicable laws regarding electronic signatures, placing an order as described below will be considered an electronic signature and proof of order and amount due.
- SUBJECT
The purpose of these general terms and conditions of sale is to define the terms and conditions for online sales and delivery of products by the Seller to the Customer, as well as the rights and obligations of the parties arising from the online sale of products offered on the website.
The Terms and Conditions define all the steps necessary for placing an order.
- PRODUCTS
Article 2.1:
The Seller presents the products for sale on the website and their detailed descriptions in the form of product sheets so that potential Customers can find out about the essential characteristics of the products they wish to purchase before placing an order.
The Seller will take all reasonable measures to ensure that all details, descriptions, and images of the products appearing on the site are correct and faithful to the original products at the time the relevant information is entered into the system.
However, to the extent permitted by applicable law, the Seller does not guarantee that these details, descriptions, and images of the products are accurate, complete, reliable, up-to-date, or error-free. Colors may vary from one computer device to another, and therefore the Seller cannot be held responsible for any inaccuracies in the photographs.
Article 2.2:
The Seller offers Sensatio Paris brand products for sale online, namely niche perfumes.
Article 2.3:
The Seller will make every effort to indicate any temporary or permanent unavailability of products on the information page of the website describing each product or at the time of placing the order. If, despite our vigilance, a product ordered is no longer available at the time of shipping the order, the seller will be informed by email or telephone if the seller has registered as a customer.
The Customer will have the option of either receiving only the available products or canceling the entire order. If the bank account has already been debited at the time of cancellation, the Seller undertakes to refund the customer as soon as possible for the amount of the order if the order is canceled in its entirety, or for the amount of the unavailable products. The Seller may withdraw products from sale or modify them at any time without affecting orders that the Seller has accepted before the changes come into effect.
Article 2.4:
All fragrances are subject to European standards during creation and are tested in an independent laboratory. The list of ingredients and legal precautions for use are provided on a label on the back of the packaging. They are also listed on the product sheet.
For any questions or advice regarding products and their use, customers can contact customer service.
By email: info@sensatioparis.fr
By phone: in France at 02 46 83 03 69, from abroad at +33 246 830 369.
Article 2.5:
The products described on the website and the samples available are intended for personal use only. The Customer may not sell or resell any of these products or samples.
- PRICE
Article 3.1:
All prices indicated for products available on the website or in the store are inclusive of tax and are expressed in euros. The Seller shall bear the delivery costs throughout the European Union. Delivery costs are therefore free of charge for the Customer. The Seller checks that the prices of the products are correct. However, in the event of obvious pricing errors detected on one or more products, the Seller will offer the Customer the option of purchasing at the correct price or canceling the order.
Article 3.2:
The Seller reserves the right to modify its prices at any time without prior notice. However, products will be invoiced to the customer based on the prices in effect on the website at the time the order is placed.
Article 3.3:
Prices are subject to French VAT and any change in the legal rate will be reflected in the price of the products. If the Customer uses a credit card linked to an account that uses a currency other than the euro, the Customer's bank may charge exchange fees and bank charges, which are payable solely by the Customer.
- ORDER
Article 4.1:
The Customer may freely browse the website without being obliged to place an order. If the Customer decides to place an order, the Customer will be guided through the ordering process with simple instructions. In case of difficulties, the Customer may refer to the purchasing guide (PQSR) or call Customer Service.
Article 4.2:
When the Customer is on the product page, they can place an order by clicking on "Add to cart" after selecting the quantity, size, and color, if applicable. The cart is then displayed at the top right of the screen.
After adding each item, the Customer can continue shopping or click on the shopping cart icon. The Customer can access a summary of their shopping cart at any time, showing the items in the order, the total amount payable for the order, the names of the products, and thumbnail photos.
The Customer is informed that at any time during the ordering process and until payment for the order has been made, they have the option to review their order, modify their shopping cart, change quantities, or remove one or more products.
Article 4.3
Once the selection of products is complete, the Customer can order them from the shopping cart by clicking on the order button. At this stage, the customer will have the option to either register (or log in to their account if they have already registered), or directly enter the necessary information in guest mode.
Article 4.4:
The Customer must provide their delivery details by completing the form displayed. The Customer undertakes to provide an address where delivery can be made during working hours, Monday to Friday in France, as well as their full name and email address. The Products ordered can only be delivered within the European Customs Union.
The Customer will automatically receive an order confirmation email with the order number, details of the items ordered, and the total price including tax.
It is recommended that you print or save the email even if payment has not been made at this stage.
Once the form has been completed, the customer must click on the next step button.
- PAYMENT
Article 5.1:
In the next step, the Customer must choose their payment method, enter their bank details, and then confirm their billing address, which may be the same as or different from the delivery address.
A summary of the order will be displayed, showing all the information relating to the order, the order number, and for each item, the reference, name, quantity, size, color, total order amount including tax, the Customer's contact details, and the delivery address.
Article 5.2:
After checking their order, at the time of payment, the Customer may confirm their acceptance of the general terms and conditions of sale. The Customer acknowledges that they have read all the instructions provided during the ordering process and accepts these GTC by sending a confirmation on the website by checking the box provided for this purpose.
Article 5.3:
The Customer may choose to pay by credit card or PayPal. The Customer's payment will be secured via the BNPPARIBAS MERCANET system.
- DELIVERY AND RECEIPT
Article 6.0
The Products ordered can only be delivered within the European Customs Union: France, Germany, Netherlands, Belgium, Luxembourg, United Kingdom, Ireland, Italy, Spain, Portugal, Austria, Denmark, Hungary, Poland, Czech Republic, Slovakia, Estonia, Latvia, Lithuania, Greece, Finland, Sweden.
Article 6.1
The order amount will be debited 48 hours after online payment.
The order will be prepared within an average of 3 days.
The shipment will be made by USPS via Colissimo.
Article 6.2:
If the Customer needs information about their order, they can track its status by logging into their profile if they have registered on the website. If necessary, in the event of a problem, they can call customer service on 02 46 83 03 69 / +33 246 830 369 between 10 a.m. and 4:30 p.m. Monday to Friday.
Article 6.3:
The Customer will receive an email informing them that their order has been shipped. The invoice for their order will also be sent by email, which we recommend they save/print.
Article 6.4:
In general, it is expressly agreed between the Seller and the Customer that emails shall be considered valid between the parties, as shall the automatic archiving systems used by the website, particularly with regard to the nature and date of the order. The Customer may access them, where applicable, in accordance with the rules of common law, to the electronic contract established between the Seller and the Customer. To do so, the Customer may contact customer service and provide their contact details and order number. The Customer is informed that all emails are sent to the email address entered by the Customer. Therefore, if the email address is entered incorrectly, the order confirmation message and all subsequent emails will not be received, which is the responsibility of the Customer, and the Seller cannot be held liable.
In addition, the Seller shall retain information relating to any paid order for a period of 10 years.
Article 6.5:
As delivery is provided by a third-party service provider, COLISSIMO (La Poste), the Customer is informed that the Seller cannot be held liable in any way for the non-performance or poor performance of this obligation to the customer, or for the unforeseeable or insurmountable actions of a third party to the contract, or for a case of force majeure.
In any event, and in accordance with the provisions of Article L216-1 of the French Consumer Code, the order will be fulfilled within a maximum period of thirty (30) days from the day after the Customer placed their order, subject to full payment of the price. If delivery has not been made by the end of this period, the Customer shall be entitled to cancel their order and the amount paid shall be refunded to them.
Article 6.6:
The Seller will send the package number so that the customer can track the shipping status via the Post Office.
Article 6.7:
The Customer must notify the seller of any delivery delay as soon as possible by calling customer service Monday through Friday from 10 a.m. to 4:30 p.m. so that the customer can take the necessary steps with the Post Office.
Article 6.8:
If the Seller has not shipped the order by mail and does not deliver within 30 days, the Customer is entitled to request a refund for their order. The Seller will issue a refund by bank transfer within 15 days of receiving the refund request. In the event of partial availability, the Customer may have the products shipped separately.
Article 6.9:
Each purchase is insured by PASSION OLFACTIVE throughout its journey until delivery. Delivery is considered complete once the Customer or any third party designated by them takes physical possession of the products upon signing the delivery note. It is the Customer's responsibility to check the condition and conformity of the order upon receipt of the product(s).
Article 6.10:
All reservations must be written on the carrier's delivery note. The Customer shall also promptly inform the Seller by sending an email to customer service as soon as possible. In the event of damaged or missing items, the customer must issue their reservations in a precise, clear, and complete manner (with supporting photos) regarding both the quality and quantity ordered.
- RIGHT OF WITHDRAWAL
Article 7.1:
In accordance with the provisions of Article L221-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) working days from the date of receipt of the product by the Customer to return the ordered product if they are not satisfied with it.
Article 7.2:
The product(s) must be returned complete, new, unused, in perfect condition, and in their original packaging, in accordance with the procedure described in the article below, accompanied by the withdrawal form or an unambiguous statement indicating the Customer's decision to withdraw.
Article 7.3:
In the event of a product non-conformity or exchange (e.g., size change), the package must be returned by Colissimo with the return slip. Where applicable, it is strongly recommended that the package be sent by a tracked delivery service requiring a signature upon receipt. The Seller cannot be held responsible for products returned and lost during transport. Only products received by customer service will be eligible for a refund.
Article 7.4:
In accordance with Article L221-21-3 of the French Consumer Code, the costs of returning Products shall be borne by the Customer, except in the event of non-conformity of the Products delivered with the order, or in the event of an exchange (in which cases the return costs shall be borne by the Seller).
Article 7.5:
The return must be made without undue delay in accordance with the procedure described below. However, in accordance with Article 221-28 of the French Consumer Code, the Customer may not return the product(s) and claim a refund if the product(s) have been unsealed by the Customer and cannot be returned for hygiene reasons. Perfumes must not be opened and must be returned in their original packaging. If the pump on the perfume bottle has been activated, the item will not be accepted for return or exchange.
Article 7.6:
Withdrawal form to be completed:
I hereby notify you of my withdrawal from the contract for the sale of the product(s) listed below:
Ordered on (date) under order number xxx
Consumer name:
Consumer address:
Consumer signatory:
Send a copy of the withdrawal request by email: commande@sensatioparis.fr
Article 7.7:
It is recommended that you send the original withdrawal request form with the package to the following address:
PASSION OLFACTIVE, 166 Faubourg Saint-Honoré Street, 75008, PARIS.
The Customer must also contact customer service by telephone: in France at 02 46 83 03 69, from abroad at +33 246 830 369.
- REFUND
Article 8.1:
Following the exercise of the right of withdrawal, the Seller shall refund the full price of the products to the customer within fourteen (14) days from the date of receipt of the products accompanied by the customer's declaration of withdrawal, provided that the products are undamaged and unused, and in accordance with the general terms and conditions of sale.
Article 8.2:
Refunds will only be made using the same payment method that the Customer used for the original transaction. A notification email will be sent to the Customer once the refund has been processed.
- EXCHANGES
Article 9.1:
The Customer may request an exchange of a purchased product, particularly for clothing or shoes, due to a size issue, subject to the same conditions as the right of withdrawal above.
Article 9.2:
In the event of an exchange for the same product or a similar product of the same price,
Upon receipt of the return, the Customer will send back the new item.
Article 9.3:
In the event of an exchange for a product of a different price (cheaper or more expensive), after receipt of the product for exchange, the order will be canceled and refunded. The Customer will then place a new order.
- LEGAL GUARANTEES OF CONFORMITY
Article 10.1:
The French Consumer Code provides the following regarding the legal guarantee of conformity: Article L217-4 of the Consumer Code, "The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery."
It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been made its responsibility by the contract or has been carried out under its responsibility. Article L211-5: "To be in conformity with the contract, the goods must: Be fit for the purpose usually expected of similar goods and, where applicable: Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; Have the qualities that a Buyer can legitimately expect given the public statements made by the Seller, the producer, or their representative, particularly in advertising and labeling; Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the latter. Article L217-12: "Action resulting from lack of conformity lapses two years after delivery of the goods."
When acting under the legal guarantee of conformity, the Customer: has a period of two years from the delivery of the goods to take action; May choose between repair or replacement of the goods, unless one of these options entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect, in which case the professional is required to choose the least costly option; Is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of any commercial warranty that may be granted.
The Customer may decide to enforce the warranty against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
Article 10.2:
The Civil Code provides the following regarding the warranty against hidden defects:
Article 1641: "The Seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the Buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them."
Article 1648: "Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the Seller can be relieved of liability for apparent defects or non-conformities."
Article 10.3:
Under the legal guarantee of conformity, the Seller undertakes, at the Customer's discretion, either to replace the Product with an identical Product, subject to availability, or to refund the price of the Product within a maximum period of thirty (30) days if replacement of the Product proves impossible.
Under the legal warranty against hidden defects, the Seller undertakes, at the Customer's discretion and after assessment of the defect: either to refund the full price of the returned Product within a maximum period of thirty (30) days, or to refund part of the price of the Product within a maximum period of thirty (30) days if the Customer decides to keep the Product.
Article 10.4:
Products that have been modified or repaired by the Customer, as well as Products damaged due to misuse, will not be covered by the warranties.
- RESPONSIBILITY FOR THE WEBSITE
Article 11.1:
The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusion, or the presence of computer viruses, or for the inability to access the Site due to maintenance operations, technical failures, force majeure, or any other circumstances beyond its control.
Article 11.2:
The Seller shall not be held liable for any non-substantial errors that may occur in relation to the elements presented on the Website, in particular the information and descriptions of the products.
Furthermore, the Seller shall not be held liable for any inability to contact Customer Service due to circumstances beyond its control, including computer failure, telephone network or Internet service interruptions, Internet reception equipment failure, etc.
Article 11.3:
Without limiting the scope of the other provisions of these General Terms and Conditions of Sale, in particular Article 10 relating to Legal Warranties, the Seller shall only be held liable in the event of proven fault attributable to it, and shall in any event be limited to direct damages only.
- PERSONAL DATA
Article 12.1:
The privacy policy, available on the Website, forms an integral part of these General Terms and Conditions of Sale. The Privacy Policy defines, in particular, the conditions under which the personal data of Customers collected by the Seller on behalf of FC, or provided by the Customer to the Seller when the Customer places an order on the Website, is processed.
- FORCE MAJEURE
Article 13.1:
Neither Party shall be held liable for any failure to perform or improper performance of its obligations if such failure is due to the occurrence of a force majeure event as defined by case law. The Party affected by these events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event in question. The Parties agree that they shall consult each other as soon as possible to determine the terms and conditions for the execution of the order during the period of force majeure.
Article 13.2:
If the force majeure event lasts for more than one (1) month, either Party may immediately terminate the contract by sending a registered letter with acknowledgment of receipt to the other Party, in which case the Seller shall reimburse the Customer for any sums paid by the Customer in respect of the order concerned.
- PARTIAL NON-VALIDATION
Article 14.1:
If one or more of the provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
- NO WAIVER
Article 15.1
The fact that one of the Parties has not demanded the application of a clause in these General Terms and Conditions of Sale, whether temporarily or permanently, does not in any way constitute a waiver of the rights granted to that Party by said clause.
- CHANGES TO THE TERMS AND CONDITIONS
SALES
Article 16.1:
The Seller reserves the right to modify these general terms and conditions of sale at any time. Any new version of these terms and conditions will be announced in advance on the Website. The online version on the Website will, without any dispute, take precedence over all other versions of these general terms and conditions of sale. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the Customer at the time of placing the order.
- ENTIRE AGREEMENT CLAUSE
Article 17.1:
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and represent the entire contractual relationship between the Parties.
- LANGUAGE
Article 18.1:
These General Terms and Conditions of Sale for the Website are written in French and English.
All content on the Site is available in French and English.
- APPLICABLE LAW AND JURISDICTION
Article 19.1:
The law applicable to these General Terms and Conditions of Sale and to related orders is French law.
Any dispute that may arise in connection with their validity, interpretation, or execution and that has not been settled amicably by the Parties shall be submitted to the courts of Paris.
Article 19.2:
In accordance with Articles L611, 612-1 to L616-3 of the Consumer Code, all consumers have the right to seek the assistance of a consumer mediator free of charge in order to reach an amicable resolution to a dispute with a professional.
The Consumer may submit a request for mediation on the French or European consumer dispute resolution platform at the following address:
http://www.anm-mediation.com/ (National Mediation Association, 62 rue de Tiquetonne, Paris, 75002, Tel: 01.42.33.81.03)
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.