Terms of sale
1. SCOPE OF APPLICATION
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.
The Customer hereby accepts:
- The General Conditions of Sale for Oney customers are accessible from this link
- Oney's Legal Notices accessible from this link”
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 the Seller does not carry out a drop shipping activity.
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.
The Customer, when placing his order, has the choice of sending the products from two separate addresses, namely the Seller's stock in SAINT ETIENNE or that of a purchasing center, which will influence the delivery time as follows:
- For the departure of goods from the SAINT ETIENNE Stock : between 24 hours and 7 days from dispatch of the Products.
- For a departure of goods Stock of the Purchasing Center : An additional period of 10 days should be added to the aforementioned periods before the Products are shipped.
It is also specified, for Products coming directly from the purchasing center, that the 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 the delivery to the relay point has taken place and in the situation where the Customer does not collect his package, the Seller will make an attempt to contact him. If, despite the Seller's efforts, the package should be returned to him, 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 TERMS
The Products are sold at the prices in force appearing on the Seller's website on the day the order is placed. It is specified that the 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.
It is specified, in order to limit the risk of fraud, that the Seller may ask the Customer to provide a copy of their identity document as well as the last 4 digits of the bank card used to pay for the order.
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 “off-premises” sales:
those who employ five or fewer employees,
the object of the sale does not fall within the scope of the professional's "main activity".
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. LIABILITY 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:
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing.During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
| The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if: The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good. |
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.
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.
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.
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.
APPLICABLE LAW – LANGUAGE – RIGHT TO OPPOSE TELEPHONE CANVASSING
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.
The Customer is also informed, in accordance with the provisions of Article L 223-2 of the Consumer Code, of his right to register on the BLOCTEL telephone canvassing opposition list accessible at the address https://www.bloctel.gouv.fr/accueil
MEDIATION AND COMPETENT JURISDICTION
Any disputes that may arise between the Parties concerning this Contract, its validity, its interpretation, its execution or its termination, will be subject, prior to any legal action, to mandatory mediation.
The Parties hereby irrevocably agree to entrust this mediation mission to:
The National Chamber of Mediation Practitioners (CNPM), located at 23 rue de Terrenoire in SAINT-ÉTIENNE (42100) for professionals.
The National Chamber of Mediation Practitioners (CNPM), located at 27 avenue de la Libération in SAINT-CHAMOND (42400) for consumers.
The National Chamber of Mediation Practitioners will be contacted, upon simple request, by the most diligent Party.
The National Chamber of Mediation Practitioners will submit to the Parties for approval one or more mediators, depending on the importance and complexity of the case, appearing on the list. In the event of disagreement between the Parties on this proposal, it is already agreed that the choice of the mediator(s) will ultimately be up to the National Chamber of Mediation Practitioners itself, the Parties waiving any appeal against this designation.
The Parties agree to refer to the Mediation procedure which will be decided by the designated mediator(s).
The Parties undertake to participate in the various meetings organized by the mediator(s) and to respond diligently to all summonses and requests made by the latter.
The Parties undertake, in general, to collaborate in good faith in the mediation. They undertake to respect the confidentiality attached to the conduct of this procedure as well as to all statements, acts, documents, etc. relating thereto.
The agreement signed by the Parties at the end of the mediation procedure may be countersigned by the lawyer of each of the parties in order to give it enforceability.
The agreement signed by the Parties at the end of the mediation may also be submitted, at the initiative of one of them or at their joint request, for approval by the judge in order to give it the authority of res judicata.
The remuneration of the mediator(s), as well as the costs incurred by the mediation mission, will be borne equally by the Parties, unless a better agreement is reached between them.
In the event of failure of the mediation, as in the situation where it has not been successful after a period of 2 (TWO) months from the first meeting, the Customer may refer the matter, in accordance with the provisions of Article R 631-3 of the Consumer Code, to either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.
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 supply the required Products;
information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent 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 terms 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.
Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed with the company “HITEM FRANCE”, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of:
"HITEM FRANCE"
27 Republic Street
42000 SAINT ETIENNE
Registered with the RCS of SAINT ETIENNE under number 791 916 117
Email: bonjour@maisondesfragrances.fr
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the products below:
Order from: …………………………………………………
Order received on: …………………………………………...
Order number: ................................................................
Customer Name: ................................................................................
Customer Address: .......................................................................
Date : ................
SIGNATURE
Updated on 25.02.25
