GENERAL TERMS AND CONDITIONS OF SALE GENERAL TERMS AND CONDITIONS OF INTERNET SALES
Article 1: Definitions and acceptance of general terms and conditions
This e-commerce site (hereinafter referred to as the “Website”), the URL of which is as follows: http://www.parfums-hanaemori.com, is produced by C.I.L Services SARL, société anonyme (limited company) with its registered office located at 35 quai de la Tournelle, 75005 Paris, France, registered with the Paris Register of Commerce and Companies under number B480 405 513, APE 514. The telephone number of the company is: +33 (0)1 55 42 00 00. The company C.I.L Services SARL, referred to as the “Company” in the text of this document, is engaged in the business of retail selling, in particular through the intermediary of the Website, of perfumery, cosmetic and beauty products (hereinafter referred to as the “Products”), to individuals or companies as end clients. Any orders placed through the intermediary of the Webite, as well as with all the adjoining services, are unconditionally subject to the acceptance of these General Terms and Conditions of Sale and General Terms and Conditions of Use. The latter represent all the reciprocal undertakings of the Company and the Customer, who explicitly accept them.
Article 2: Products marketed on the Website
In accordance with article L. 111-1 of the (French) Consumer code, Customers may, prior to placing an order, acquaint themselves with the essential characteristics of the product(s) which they wish to order by clicking on the Product. The Company explicitly reserves the right, at any time, to add new Products, remove all or part of the Products sold or presented in the Product Catalogue, change their presentation or stop marketing them on its Website, without being required to notify Customers in advance.
Article 3: Information accessible on the Website and limitations of liability of the Company relating to this information
The Company takes the utmost care in placing online information and data available freely on the Website and to their updating. The Company may not, under any circumstances, be held liable for certain inaccuracies, errors or omissions and undertakes to correct them when these are brought to their notice. The company may not be held liable for: - interruptions or delays registered on the Website due to maintenance work being carried out, technical breakdowns, a case of force majeure, as a result of third parties or any circumstance whatsoever arising that are beyond its control; - the temporary inability of accessing the Website, due to facts arising that are beyond its control, such as disruptions to the Internet or a malfunction in a Customer’s reception material regarding connection to the Internet.
Article 4: Orders
Any orders for a Product offered on the Site assumes the consultation and express acceptance of these General Terms and Conditions of Sale and General Terms and Conditions of Use without, however, this acceptance being dependant on a handwritten signature by the Customer. Placing an order on the Site is subject to strict compliance with the procedure described below. It is endorsed online by a succession of different screens on which are indicated the different stages that the Customer must complete in order to confirm their order with the Company. Orders are placed online, in accordance with the Website’s order form (click: Order). The Customer undertakes to see that information sent to the Company is complete, accurate and up to date. In the event of incomplete or inaccurate information, the Company reserves the right to purely and simply cancel the order as well as the payment.The order may specify a delivery address different from the invoice address. The Company reserves the right to refuse or cancel any Customer order with which it has a legal dispute regarding a previous order. Any Business Customer that wishes to make a group purchase is invited to contact Customer Service on +33 (0)1 55 42 00 00 (not a premium number). A Business Customer may not under any circumstances make a group purchase and benefit from the advantages of an individual Customer. The Company reserves the right to refuse or cancel the order if it considers that the Customer is involved with the distribution or economic activity of the ordered Products, or for any other legitimate reason. In accordance with the (French) Data Protection and Civil Liberties Law of 6 January 1978, the Customer has the right to access, amend, rectify and delete all the data held concerning them. To exercise this right, the Customer should send a letter to the following address: Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France. On the order form, the Customer must enter and confirm the identification and quantity of the ordered Products (the availability of which shall be confirmed by the Company, if necessary), as well as the purchase price (also to be confirmed, if necessary, by the Company). As it is an exclusively retail sale, the quantity that a Customer may order of the same reference is automatically limited, based on the recommendations issued in this respect by the Company. It is specified that the same Customer may only order a maximum of 3 products with the same reference, per order. In the event of an order with a higher quantity of the same reference, the order shall be considered as invalid. Customers may freely fill their online Basket, cancel an article that they no longer wish to purchase, amend the quantities ordered or add a Product by clicking on the corresponding buttons. The Customer must then confirm the invoice address and delivery address as well as the chosen method of payment: bank card, PayPal or bank check. Bank checks accepted as payment by the Company are exclusively those issued by a banking or financial institution in France. Once all this information has been correctly entered and confirmed, the Customer then clicks on the “Submit” button and their order form is directly sent to the Company’s online store. The Customer then sees their order number displayed. Orders bind a Customer as soon as the order form, duly completed and confirmed by the Customer by clicking on the “Submit” button, is received by the Company. Orders shall then be confirmed to a Customer by the Company sending an email, resuming all the information sent by the Customer with an indication, if necessary, of any difficulties or reservations presented by the order (availability or ordered Products or method of payment chosen). The order shall only be delivered under the conditions of article 9 once total payment has been received and cleared by the Company under the conditions of article 8.3.
Article 5: Right of Withdrawal
In accordance with article L. 121-20 of the (French) Consumer code, the Customer has a period of seven business days as from receipt of their order to return, at their cost, any Product that it not suitable according to the procedure described in article 11.1 below. In order to enable the Company to better follow withdrawal cases in its systems, it is strongly recommended to Customers to notify that they are exercising their right of withdrawal by registered post with acknowledgment of receipt to the following address: C.I.L Services, 35 quai de la Tournelle, 75005 Paris, France, clearly indicating in a legible manner their contact details, the reference(s) of their order(s) as well as a copy of the purchase receipt in the same name. In accordance with the provisions of article L 121-20-1 of the (French) Consumer Code, when Customers exercise their right of withdrawal and return the Products, the Company is liable for reimbursing all sums paid, including the initial carriage, as soon as possible after receipt of the returned order and, at the latest, within thirty days following the date on which this right was exercised, by any means of payment. The Company shall propose reimbursement of the sums due to the Customer according to the means of payment agreed with the Customer, or in the form of a credit note. With the exception of the application of the provisions of article 11.2. below relating to Products returned with a fault or error in the reference, any return of Products to the Company after the deadlines for exercising the right of withdrawal shall be refused. In this case, the Products shall be returned to the Customer and shall not be reimbursed.
Article 6: Proof of orders
Generally speaking, it is explicitly agreed between the Company and the Customer that emails shall constitute proof between the parties, as well as automatic registration systems used on the Website, specifically as to the nature and date of the order.
Article 7: Amendment of orders
Any amendment of the order requested by the Customer may only be considered if it is received by the Company via an email sent to email@example.com before the Products have been dispatched.
Article 8: Pricing, invoicing and payment
8.1 – Price. Prices indicated in the Store accessible on the Website are indicative and updated daily and therefore may be amended without warning. However, the prices invoiced are those in force on the date of the order. The Customer may also benefit, during certain determined periods, from promotional offers on certain Products. These offers shall be announced online on the Website and shall be valid during the period indicated and always within the limits of available stocks. Prices indicated are all inclusive of VAT. Any postage shall be invoiced additionally.
8.2 – Invoicing. An invoice shall be issued for every order and made available to the Customer in their personal space. Any complaint concerning invoices must be brought to the notice of the Company via email within 10 days of reception (heading “Contact us”). Failing this, they shall be considered as accepted without reserve. The possible incomplete delivery of an order may not justify payment being refused for the Products delivered. Any dispute between the Customer and the Company shall not, under any circumstances, be a reason for suspending payment for the undisputed part of the invoice.
8.3 - Means of payment
8.3.1 - Electronic payment. Electronic payment shall take place after having clicked on the chosen method of payment. The transaction is then completed by the Customer according to banking security standards. Thanks to the technical characteristics of the encryption software used on the Website, bank details (bank card number and its expiry date) given by Customers may not be intercepted by a third party. To this effect, none of this information is transferred or stored on the Internet. By giving its bank details, the Customer accepts in advance and without condition that the Company shall proceed with the secured transaction. The Customer thus authorizes their bank in advance to debit their account to regularize invoices transmitted by the Company, even in the absence of invoices signed in person by the cardholder. Authorization for debiting the Customer’s account is always given for the amount of the Product purchased and any postage costs as invoiced by the Company. Payment online shall be carried out on the secured payment platform SOGENACTIF of our banking partner, the Société Générale, and benefits from the SSL secured system. The Customer accesses a secured server working in SSL mode and certified by a Certifying Authority. The Customer must provide their bank details by completing the online form. The order shall only be delivered once total payment for the Order has been received and cleared by the Company.
8.3.2 - Payment by bank check sent by post. Payment with order is required by the Company, delivery shall take place upon receipt and clearance of the Customer’s check. After placing the Order by clicking on the “Submit” button of the order form, duly completed and checked personally, and after having received by email confirmation of the order from the Company, the Customer must send payment to the Company by post at the address below within 7 days of the email confirming the order, taking care to respect the amount indicated. After this time, the order shall be automatically cancelled. Checks must be sent to the following address accompanied by the summary of the order form, previously printed by the Customer: Service Clients C.I.L Services, 35 quai de la Tournelle, 75005 Paris, France. The order shall only be delivered once total payment for the Order has been received and cleared by the Company.
Article 9: Deliveries
9.1 - Geographical Coverage Deliveries with a guaranteed delivery time may be made to the following countries: Metropolitan France (excluding addresses for the armed forces), Corsica, Monaco, Germany, Belgium, United Kingdom, The Netherlands, Luxembourg, Italy, Spain and Denmark. Deliveries may also be made to the following countries without any guaranteed delivery time: Austria, Cyprus, Croatia, the Czech Republic, Finland, Hungary, Ireland, Norway, Poland, Portugal, Slovakia, Slovenia and Sweden. Deliveries to countries outside the EU shall be made without a guaranteed delivery time. Furthermore, the company hereby informs the customer that any deliveries made outside the EU may incur invoicing of customs and excise duties of the recipient country and that these duties shall be borne exclusively by the customer. It is therefore the customer’s responsibility to check in advance and it is advisable to contact the company before placing an order.
9.2 - Delivery terms and conditions Only deliveries for amounts over 70 Euros to Metropolitan France, Corsica and Monaco shall benefit from free delivery by Colissimo. All deliveries by Colissimo made outside of France, Corsica and Monaco shall be invoiced and may not benefit from free delivery for a purchase of over 70 Euros.
Delivery shall be made by the chosen carrier at the time the Customer places the order. - Colissimo Suivi (tracking): upon delivery, the Customer or, if different, the addressee of the package, shall be delivered by the carrier engaged by La Poste, and shall be required to sign the delivery note or an acknowledgment of receipt of the package. In the event of absence, a transit advice note shall be left for the Customer or, if different, the addressee of the package. This shall enable the ordered products to be collected from the post office indicated in the transit advice note within a period of fifteen days. After this time limit, the package shall be returned to the Company which shall reimburse the order, less postage. If the Customer still wishes to receive the package, a new order must be placed. - Chronopost: upon delivery, the Customer or, if different, the addressee of the package, shall be delivered by the carrier engaged by La Poste, Chronopost, and the Customer/addressee shall be required to sign the acknowledgment of receipt of the package electronically. In the event of absence, the Customer or, if different, the addressee of the package, shall receive a transit advice note which will enable them to contact Chronopost using the contact details indicated on the transit advice note, in order to arrange another delivery date within a period of fifteen days. After this time limit, the package shall be returned to the Company which shall reimburse the order, less postage. If the Customer still wishes to receive the package, a new order must be placed.
Delivery shall take place as soon as the Products have been collected by the carrier which shall deliver the Products ordered to the delivery address given by the Customer on the order form and give the delivery note to the Customer. Deliveries are processed depending on availability and following the sequence in which orders arrive. In the event that one of the Products ordered is out of stock, the Company shall inform the Customer when the Product is available and shall proceed with partial delivery of the order, unless immediately instructed to the contrary by the Customer. Generally speaking, orders cannot be cancelled if Products are out of stock. The computer system (barcode scanning) of each carrier shall serve as proof of the delivery date, therefore no dispute is admissible if the package has been notified as having been delivered to the addressee.
9.3 - Deadlines
9.3.1 - Preparation timeFor all orders from Monday to Friday (excluding public holidays) confirmed before 11.00 am on the Website, preparation of the order shall take place on the same day, within the limits of available stocks.
9.3.2 - Delivery times. Delivery times, with effect from confirmation of the order by the Company, shall be as follows:
- Colissimo Suivi by La Poste: up to and including 5 business days,
- Chronopost: up to and including 3 business days,
In the event of an exceptional stock shortage, the Customer shall be notified by email or telephone.
The Company shall give the Customer the following options:
- to either delay delivery of the total order until stocks of the Product in question have been replenished,
- to either accept partial delivery with reimbursement of the purchase price of the undelivered Product(s), the Customer then being able to place a new order when the Product in question is once again available.
- to either cancel and receive reimbursement of the total order.
Moreover, the Company shall keep the Customer informed, within a reasonable time, of cases and events of force majeure likely to disrupt the delivery process of the ordered Product. If, 7 days after the indicated delivery date, the ordered Product has not been delivered, other than in the event of force majeure, the sale may then be cancelled at the Customer’s request, made in writing by recorded delivery with acknowledgement of receipt to the following address: Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France. The sales contract shall be regarded as cancelled upon receipt by the Company of the registered letter from the Customer informing it of this decision, if delivery has not occurred between the posting and receipt of said letter. All of the sums paid by the Customer shall then be returned to them if the total order is returned, in the form of a credit note or reimbursement, at the Customer’s choice, as soon as possible and within thirty days, at the latest, following the date upon which the Customer exercised its right to cancel its order. No compensation or penalty for late delivery, other than reimbursement of the Products, may be claimed by the Customer from the Company, regardless of the causes and direct or indirect consequences.
Article 10: Receipt of products
It is up to the recipient of the parcel, at the time the Product is received, to immediately check the conformity and integrality of the Products dispatched. Generally speaking, any reservations or observations must be written on the delivery note in a complete and precise manner. In particular, they must clearly define the damage and include the order number.
Article 11: Return of Products
11.1 - Return of Products following exercise of right of withdrawal (set out in article 5).
11.1.1 - Terms and conditions. In the event that Products are returned following exercise of right of withdrawal, as provided in article 5 below, the Customer shall follow the procedure for returning Products set out below. The Products in question must be returned by the Customer in excellent condition and in the original packaging, placed in a new cardboard box and indicating, in a legible manner, the original order number. For reasons of hygiene, the Products must be returned in their original packaging, complete and intact and in excellent condition for resale. Opening the Products renders them unsuitable for any further commercialization, therefore any Product that has been opened, damaged, or where the original packaging has been deteriorated will not be refunded or returned or exchanged. The Company reserves the right to refuse any return that does not comply with the conditions mentioned above. The Company shall not accept packages sent collect or against reimbursement. In order to avoid any dispute, it is strongly recommended that Customers wishing to exercise their right of withdrawal return their Products under conditions similar to those in which they were originally sent (Colissimo Suivi from La Poste or Chronopost), with a declared value corresponding to the price of the original order and keep any proof of dispatch (package number) until total reimbursement of their order.
11.1.2 – Consequences. Any return accepted by the Company, after qualitative and quantitative verification of the returned Products, shall result in reimbursement of the Products under the conditions of article 5 of the General Terms and Conditions of Sale.
11.2 - Return of Products in the event of a technical fault in the Product, or an error in the reference11.2.1 - Terms and conditions In the event that Products are returned following a technical fault in the Product or an error in the reference, the Customer shall follow the procedure for returning Products described below. Technical faults or errors in the reference must be advised to the Company by email (see heading “Contact us”) within 10 days following the delivery date, indicating the Customer’s references, number and date of the invoice, Product reference, the quantity as well as the precise reason for the request. The Company shall send the Customer a carriage-paid label, enabling them to return the Product to the Warehouse.
The Products in question must be returned by the Customer within 1 (one) month with effect from the date the order was received by the Customer, complete, in excellent condition and in the original packaging, placed in a new cardboard box and indicating, in a legible manner, the original order number. The Company reserves the right to refuse any return that does not comply with the conditions mentioned above. The Company shall not accept packages sent by means other than a carriage-paid label provided by the Company within the context of this procedure.
11.2.2 - Consequences. Any return accepted by the Company, after qualitative and quantitative verification of the returned Products, shall result, at the Customer’s choice, in the generation of a credit note, in their favor, the replacement or reimbursement free of charge of the Products, excluding any compensation or damages.
Article 12: GuaranteeIn addition to the legal guarantee against hidden defects provided in articles 1641 to 1649 of the (French) Civil Code, whereby the Customer has a deadline of two years in which to act with effect from discovery of the fault, the Products sold on the Website are subject to the conditions of the legal requirements contained in articles L. 211-4 et seq. of the (French) Consumer Code.
Article 13: Limitation of liability
If the Company’s liability is upheld following the non-execution or defective execution of its services, the total amount of compensation may not, by express agreement, exceed an amount equal to the price of the Product which is at the origin of the damage.
Article 14: Intellectual and industrial property rights of which the Company is the holder
The Company holds a user’s license for the Website, which remains the exclusive property of the company C.I.L Services, 35 quai de la Tournelle, 75005 Paris, France, which created and put online the Web pages, the images and source scripts, and the database constituting the Website. The Customer shall accordingly abstain from disseminating or reproducing the Website, wholly or partly, in whatsoever form. The Company is the operator of the official site of the brand
Parfums HANAE MORI Paris legally filed with the French Intellectual and Industrial Property Institute. The Customer therefore acknowledges the exclusive rights of the Company over the brand Parfums HANAE MORI Paris and shall abstain from making any unspecified use of and, more generally, from infringing the intellectual property and industrial rights of the Company. The Company reserves the right to request damages in the event of counterfeiting and, more generally, infringement of its intellectual and industrial property rights.
Article 15: Dispute settlement - Applicable law.
Any disputes relating to the conclusion, interpretation, execution or breach of contract agreed between the Company and the Customer, even in the event of warranty claims or multiple defendants, shall, failing an amicable settlement, fall within the jurisdiction of the Courts of the place where the defendant resides or within the jurisdiction of the place where effective delivery of the object took place. Relations between the Company and the Customer shall be subject to French law.
Article 16: Data protection and civil liberties ((French) law of 6 January 1978)
The Customer’s personal data (surname, first name(s), corporate name, position, electronic and geographic addresses, telephone and fax numbers, and bank details) shall be collected by the Company for the requirements of good management of orders, deliveries and invoices and within the compliance of the provisions of the French Data Protection and Civil Liberties Law n°78-17 of 6 January 1978. Information which must necessarily be registered by the Customer to enable it to place an order shall be identified online by an asterisk. In accordance with the (French) data protection and civil liberties law of 6 January 1978, the Customer has the right to access, modify, rectify and delete all the data concerning them. To exercise this right, the Customer may, at their choice, send an email (heading: “Contact us”) or send a letter to the Company at the following address: Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France (copy of identity document to be attached). By placing an order on the Website, the Customer agrees that their personal data collected at the time the order is taken be used by way of the Company’s customer file for invoicing purposes. The company shall retain this information on IS Support for a period of 2 years after the order is taken. Furthermore, the Company may use the Customer’s personal data in order to send them commercial offers likely to interest him. In accordance with the French Data Protection and Civil Liberties Law, the Customer does, however, have the right of objecting to receiving unsolicited commercial prospecting documents, by ticking the box provided online to this effect or by sending a letter to the Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France. Finally, the Company may also transmit the personal data sent by the Customer and concerning them to commercial partners for the purposes of prospecting. In accordance with the French Data Protection and Civil Liberties Law, the Customer does, however, have the right of objecting to the transmission of their personal data to third parties by ticking the box provided online to this effect or by sending a letter to the Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France. Within the framework of the fight against Internet fraud, information relating to orders may be transmitted to FIA-NET for verifi cation.
Article 17: Customer Service
The Company makes available a Customer Service to the Customer, via its Website, in order that any questions or remarks that the Customer may have whilst using the Website are answered, and also to offer advice that is appropriate to the sale of cosmetic products. Customer Service is contactable: - By email: via the heading “Contact us”, - By telephone: +33 (0)1 55 42 00 00, - By post: Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France.
Article 18: Non Waiver
The fact that the Company does not avail itself at any given time of any one of these present general terms and conditions may not be interpreted as a partial or total waiver to exercising its privileges at a later stage regarding any one of the said conditions.
Article 19: Validity of the General Terms and Conditions of Sale
If any one of the provisions of these General Terms and Conditions of Sale is declared invalid, either wholly or partially, the other provisions and rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and remain applicable.
Article 20: Accessibility of the General Terms and Conditions of Sale
The latest version of the Company's General Terms and Conditions of Sale is always accessible to the Customer online. To access it, simply click on “Conditions of Sale” where the full version of said General Terms and Conditions of Sale are available, as well as, for the sake of convenience, the different headings, such as Deliveries, Returns, Payment, Contact Details, or Confidentiality (use of personal data). The Customer may also procure this document by writing to Service Client C.I.L. Services, 35 quai de la Tournelle, 75005 Paris, France