General sales conditions
GENERAL CONDITIONS OF SALE MAISON DES FRAGRANCES
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company " HITEM FRANCE » hereinafter referred to as “Seller”, to consumers and professional buyers, hereinafter referred to as “Customer(s)”, wishing to acquire the products hereinafter referred to as “Product(s)” offered by the Seller.
The main characteristics of the Products are presented on the website, at the address https://maisondesfragrances.fr/
The Customer is required to read these General Terms and Conditions of Sale before placing any order. The choice and purchase of Products is the sole responsibility of the Customer.
The Seller's contact details are as follows:
HITEM France
27 Republic Street
42000 SAINT ETIENNE
RCS SAINT ETIENNE – 791 916 117
E-mail : bonjour@maisondesfragrances.fr
Phone : 04 77 37 39 82
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Products.
These General Conditions of Sale are accessible at any time on the Seller's website and will prevail over any other version or any other contradictory document.
Under the conditions provided for in the confidentiality policy and in accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the General Data Protection Regulation which came into force on 25 May 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of his identity to the aforementioned contact details.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them when implementing the ordering procedure. Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions with the Customer.
The Customer acknowledges having the legal capacity required to contract and acquire the Products offered by the Seller.
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the date the order is placed.
2. PLACING ORDERS
Sales of Products offered by the Seller are only complete after compliance with the procedure described below. :
By visiting the Seller's website at the following address: : https://maisondesfragrances.fr/, the Customer selects the Products he wishes to purchase by specifying their quantities, which will constitute his order basket.
In a second step and after validating his basket, the Customer can proceed to the creation of his account or proceed with his purchases in guest mode. In both situations, he will be invited to provide his name, first name, delivery address and email address.
The Customer is then invited to choose their delivery method, validate their order summary and make the corresponding payment.
Once payment has been made by the Customer, an order confirmation will be sent to the email address provided by the Customer.
It is specified that acceptance of these General Conditions of Sale will be requested in advance and automatically from the Customer at the time of finalizing his order.
The sale will only be considered final and, consequently, validated by the Seller, after sending the Customer confirmation of acceptance of his order, by email and after receipt by the latter of the full amount due in this respect.
Any order placed on the Seller's website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute, in particular relating to the payment of a previous order.
3. DELIVERIES
The Products ordered by Customers on the Seller's website will be delivered, at the Customer's choice, by Chronopost, Colissimo or to a relay point, to the address provided when placing the order and within the timeframes indicated.
It is specified that delivery to a relay point is offered by the Seller for order baskets with an amount greater than 150 euros including tax and whose package weight is less than 1 kg.
When placing an order, the Customer has the choice of having the products sent from two separate addresses, namely the Seller's stock in SAINT ETIENNE or that of a purchasing center.
The Seller does not carry out a drop shipping activity, this choice has an influence on the delivery times of the orders which are thus understood :
Stock of SAINT-ETIENNE : between 24 hours and 7 days from dispatch of the Products.
Central Purchasing Stock : An additional 10 days should be allowed before the Products are shipped.
It is also specified, for Products coming directly from the purchasing center, that the aforementioned deadlines may be extended in the event of Products delivered broken to the Seller or in the event of an error in their designation.
The Products can also be delivered abroad, delivery times and prices are calculated and indicated at the time of placing the order.
Once delivery to the relay point has taken place and in the event that the Customer does not collect their package, the Seller will attempt to contact them.
If, despite the Seller's efforts, the package is returned to the Seller, any new delivery attempt will be invoiced to the Customer, the departure of the package being conditional on full and prior payment of the sums due.
The Customer undertakes to carry out qualitative and quantitative checks of his order in the presence of the carrier, and to issue reservations on the transport slip if necessary.
In the event of a broken or defective Product, the prior sending of a photo will be required by the Seller before acceptance of any return, the exchange can only take place, in any event, once the Product has been returned to the Seller.
In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Products from the carrier, these will be deemed to correspond to the designations and quantities specified in the order.
4. PAYMENT CONDITIONS
The Products are sold at the prices in force appearing on the Seller's website on the day the order is placed.Please note that prices are expressed in Euros including and excluding VAT.
The price is payable in cash, in full on the day the order is placed by the Customer, according to the terms specified in the article “Placing orders”, by PayPal and Shop Pay.
The Seller will not be required to deliver the Products ordered by the Customer if the price has not been previously paid in full under the conditions indicated above.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
5. RIGHT OF WITHDRAWAL
In accordance with and under the conditions of Article L221-18 et seq. of the Consumer Code, the consumer customer who has concluded the sale remotely, following telephone canvassing or outside the establishment, has a period of 14 (FOURTEEN) days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of reimbursement, provided that the Products are returned in their initial quantity, unused and in perfect condition, packaging included and film intact, within 14 (FOURTEEN) days following the sending of the notification to the Seller of the Customer's decision to withdraw, in order to allow the Products to be put back on the market in their condition at the time of sale, accompanied by their purchase invoices.
This right of withdrawal also applies to professional Customers who meet the following two cumulative conditions, and only for sales which are qualified as “sales outside establishment » :
those who employ five employees or less, the object of the sale does not fall within the scope of " the main activity » of the professional.
It is thus agreed between the Parties that damaged, soiled or used Products will not be taken back.
It is specified that the right of withdrawal may be exercised using the withdrawal form available in the appendix hereto, or any other declaration, free from ambiguity, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Products purchased and any delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The refund will be made within 14 (FOURTEEN) days from receipt by the Seller of the Products returned by the Customer under the aforementioned conditions.
6. RESPONSIBILITY AND WARRANTY
The Seller guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect arising from the Products.
In accordance with legal provisions, the Seller reminds the Customer of the existence of the following guarantees: :
Legal guarantee of conformity (applicable only to consumer customers) :
Article L 217-3 of the Consumer Code : " The seller delivers a Product which complies with the contract and the criteria set out in Article L 217-5.
It is liable for any lack of conformity existing at the time of delivery of the Product within the meaning of Article L 216-1, which appear within two years of delivery.(…) »
Article L 217-4 of the Consumer Code : " The Product complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.”
Article L 217-7 of the Consumer Code : " Any lack of conformity that appears within twenty-four months from the delivery of the Product, including the Product containing digital elements, is, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or the defect invoked. For used Products, this period is set at twelve months.
Article L 217-8 of the Consumer Code : " In the event of a lack of conformity, the consumer is entitled to have the Product brought into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1.219 and 1.220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages. »
Legal guarantee against hidden defects :
Article 1.641 of the Civil Code : " The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »
Article 1.648 of the Civil Code : " The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) ".
Therefore and concerning consumer customers, when they act under the legal guarantee of conformity :
Benefit from a period of two years from delivery of the Product to act,
May choose to bring the Product into conformity by repair or replacement of the Product, subject to the cost conditions provided for in the Consumer Code, but also a reduction in the price or termination of the contract, without prejudice to the allocation of damages.
Are exempt from providing proof of the existence of the lack of conformity of the product during the twenty-four months following their delivery, except for second-hand Products.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1.641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1.644 of the Civil Code.
The Seller's guarantee is limited to the reimbursement of the Products actually paid for by the Customer and the Seller cannot be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure as defined by article 1.218 of the Civil Code or which results from the actions of the Customer.
Responsibility
In any event, the Seller's liability may only be incurred in the event of proven fault or negligence and remains limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within the time limits provided by law.
The Seller will rectify or have rectified, at its own expense and in accordance with appropriate procedures approved by the Customer, the Products deemed defective.
The Seller may not be held liable or at fault for any delay, non-performance or damage resulting from the occurrence of a case of force majeure as defined by Article 1.218 of the Civil Code, or in the event of fault or negligence on the part of the Customer.
Concerning the Products offered for sale on the Seller's website, the Customer is informed that their description is produced using Artificial Intelligence.
The Customer is therefore requested to inform the Seller of any error noted in this regard.
In any event, in cases where the Seller's liability is retained, the Seller's guarantee would be limited to the amount excluding tax of the sums paid by the Customer for the supply of the Products.
It is also specified that the Seller grants the Customer a commercial guarantee of authenticity and quality of the Products. The Customer can thus and at any time, via the website https://www.checkfresh.com/?lang=fr, check the date of manufacture of the Products.
Any Product that is more than 3 years old at the time of delivery may be returned and will be exchanged free of charge by the Seller.
7.INTELLECTUAL PROPERTY
The content of the Seller's website and the associated trademarks and distinctive signs are the property of the Seller and its partners and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content or of the Seller's logos and brands is strictly prohibited and may constitute an infringement of copyright.
8. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1.218 of the Civil Code or from exceptional health, political or climatic hazards beyond the control of the Parties.
The obligations of the Party affected by the force majeure event shall be suspended without it incurring any liability whatsoever. In particular, the time limits required for the performance of the obligations of the Party affected by the force majeure event shall be suspended for the duration of the force majeure event.
Each Party undertakes to promptly notify the other, in writing, of the occurrence of any case of force majeure.
The Parties shall endeavour, as far as possible, to mitigate the effects of force majeure events.
Any delay due to force majeure cannot constitute sufficient grounds for termination of the Contract.
If a case of force majeure prevents one of the Parties from performing an essential obligation under this Contract for a period of more than SIXTY (60) days, then the Parties will meet as soon as possible to examine the course of action to be taken in such a situation, each Party being able to terminate, in the absence of agreement, the Contract by Registered Letter with Acknowledgment of Receipt, without compensation for either Party.
9.APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
10.PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these General Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
the essential characteristics of the Products, taking into account the communication medium used; the price of the Products; in the absence of immediate execution of the contract, the date or period by which the Seller undertakes to provide the required Products; information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context, information relating to legal and contractual guarantees and their methods of implementation;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal, termination procedures and other important contractual conditions ;
the accepted payment methods.
The fact for a natural or legal person to proceed with an Order with the Seller implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
Updated on October 2, 2024
