Terms of sale
Article 1 : Definitions and acceptance of the general conditions
This e-commerce site (hereinafter the "Site"), whose email address is www.hanaemoriparfums.com is published by the company C.I.L SERVICES SARL whose headquarters is located at 35 quai de la Tournelle, 75005 Paris registered in the Paris Trade and Companies Register under number B480 405 513 APE 514 L.
The telephone numbers of the company are the following: +33 01 55 42 00 00. The Company C.I.L SERVICES SARL, called the "Company" in the text of the present, exerts an activity of retail sale, in particular via the Site, of the products of perfumery, cosmetic and beauty products (hereafter the "Products"), with private individuals or companies as final customers.
The latter represent the entirety of the reciprocal commitments of the Company and the Customer who expressly accepts them.
Article 2: Products marketed on the Site
In accordance with article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an order, read the essential characteristics of the product(s) he/she wishes to order on the Site by clicking on the Product. The Company expressly reserves the right at any time to add new Products, to remove all or part of the Products sold or presented on the Product Catalogue, to change their presentation or to cease marketing them on its Site, and this, without being obliged to inform the Customer in advance.
Article 3: Information accessible on the Site and limitations of responsibility of the Company relating to this information
The Company takes the greatest care in putting the information and data available free of charge on the Site and in updating them. The Company shall not be held responsible for any inaccuracies, errors or omissions and undertakes to correct them as soon as they are brought to its attention. The Company shall not be held responsible for :
- interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, force majeure, the fact of third parties or any circumstance whatsoever, independent of its will;
- the impossibility of momentarily accessing the Site, due to facts beyond its control, such as interruptions of the Internet network or failure of the Customer's equipment to receive the Internet network.
Article 4 : Orders
Any order of a Product proposed on the Site supposes the consultation and the express acceptance of the present General Conditions of Sale and General Conditions of Use, without however that this acceptance is conditioned by a handwritten signature of the Customer.
Ordering on the Site is subject to strict compliance with the procedure described below. It is made concrete online by a succession of different screens on which are indicated the different steps that the Customer must complete to validate his order with the Company. Orders are placed online, in accordance with the Site's order form (click: Add to cart).
The Client agrees that the information provided to the Company is complete, accurate and up-to-date. In case of incomplete or inaccurate information, the Company reserves the right to cancel the order and the payment. The order may be made to a delivery address different from the billing address. The Company reserves the right to refuse or cancel any order from a Customer with whom it is in dispute regarding a previous order.
Any Corporate Customer wishing to make a group purchase is invited to contact Customer Service at +33 01 55 42 00 00 (toll free). Indeed, a Corporate Customer will not be able to 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 engaged in the distribution or economic activity of the Products ordered, or for any other legitimate reason. In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and delete personal data concerning him. To exercise this right, it is enough to send a letter to the following address Customer Service C.I.L Services, 35 quai de la Tournelle 75005 Paris.
On the order form, the Customer must enter and validate the identification and the quantity of the ordered Products (whose availability is to be confirmed if necessary by the Company), as well as the purchase prices (also to be confirmed if necessary by the Company). As this is an exclusively retail sale, the quantity that a Customer may order of a given reference is automatically limited, in accordance with the recommendations issued in this regard by the Company. It is specified that a single Customer may only order a maximum of 3 products of the same reference, per order.
In case of an order of a higher quantity on the same reference, the order will be considered as void. The online Customer can freely fill his Shopping Cart online, delete an item he no longer wishes to purchase, modify the quantities ordered or add a Product by clicking on the corresponding buttons.
The Customer must then validate the billing address and the place of delivery, as well as the chosen method of payment: bank card or bank check. The bank checks accepted for payment, by the Company only, are checks issued by a bank or financial institution located in France. Once all this information has been duly entered and validated, the Client clicks on the "Validate" button and his order form is directly transmitted to the Company's Online Shop. The Customer's order number is then displayed. Orders are binding on the Client as soon as the Company receives the order form, duly completed and validated by the Client by clicking on the "Validate" button.
The order will then be confirmed by the Company to the Client by sending an e-mail, including all the information communicated by the Client with an indication of any difficulties or reservations raised by the order (availability of the ordered Products or chosen method of payment).
The order will then be delivered under the conditions of article 9 only once the full payment of the order has been received and validly cashed 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 14 working days from the receipt of his order to return, at his own expense, any Product that does not suit him according to the procedure described in article 11.1 below. In order to allow the Company to follow the withdrawal files as well as possible in its systems, it is strongly recommended to the Customers to notify the exercise of the right of withdrawal by registered mail with acknowledgement of receipt to the following address C.I.L Services, 35 quai de la Tournelle 75005 Paris, indicating clearly and legibly their contact details, the references of their order as well as a copy of the purchase invoice in the same name.
In accordance with the provisions of Article L 121-20-1 of the Consumer Code, when the Customer exercises his right of withdrawal and returns the Products, the Company is obliged to reimburse him the totality of the sums paid, including the cost of the first shipment, 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 will offer the Client a refund of the sums due according to the means of payment agreed with the Client or in the form of a credit note. Except for the application of the provisions of Article 11.2. below relating to the return of Products with an anomaly or error on the reference, any return of Products to the Company beyond the deadline for exercising the right of withdrawal will be refused. The Products will then be sent back to the Customer and will not be refunded.
Article 6: Proof of orders
In general, it is expressly agreed between the Company and the Customer that e-mails will be considered as proof between the parties as well as the automatic recording systems used on the Site, in particular as to the nature and date of the order.
Article 7: Order modifications
Any modification of the order requested by the Client can only be taken into consideration if it is received by the Company by e-mail firstname.lastname@example.org before the Products are shipped.
Article 8 : Prices, invoicing and payment methods
8.1 - Prices
The prices indicated in the Shop accessible on the Site are indicative and are updated daily and therefore subject to change without notice. However, the prices invoiced are those in effect on the date of the order. The Customer may also benefit, during certain periods, from promotional offers on certain Products. These offers will be announced online on the Site and will be valid during the period indicated and always within the limits of available stocks. The prices indicated are inclusive of all taxes. Any shipping costs are invoiced in addition.
8.2 - Invoicing
An invoice is established for each order and made available to the Customer in his personal space. Any complaint concerning the invoices must be brought to the attention of the Company by e-mail within 10 days of their receipt ("contact us" section). Otherwise, they are considered as accepted without any reserve. The possible incomplete delivery of an order cannot justify the refusal of payment of the delivered Products. Any dispute between the Client and the Company shall in no way be a cause for suspension of the payment of the undisputed part of the invoice.
8.3 - Means of payment
8.3.1 - Electronic payment
Electronic payment is made after clicking on "CB, VISA payment". The transaction is then carried out by the Customer according to the banking security standards. Thanks to the technical characteristics of the encryption software used on the Site, the bank details (bank card number and expiry date) communicated by the Customers cannot be intercepted by a third party. Therefore, none of this information is transmitted or stored on the Internet. By communicating his bank details, the Customer accepts in advance and unconditionally that the Company proceeds with the secure transaction.
The Client therefore authorizes his bank in advance to debit his account on the basis of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder. The authorization to debit the Client's account is always given for the amount of the Product purchased and any shipping costs as invoiced by the Company. The online payment is made on a secure payment platform. The Client accesses a secure server operating in SSL mode and certified by a Certification Authority.
The Customer must provide his bank details by filling in the online form. The order will be shipped only when the full payment of the order has been received and cashed by the Company.
8.3.2 - Payment by check by mail
The Company requires payment at the time of ordering, with delivery taking place upon receipt and cashing of the Client's check. The Client must, after having placed the order by clicking on the "Validate" button on the order form duly filled out and verified by him/her and after having received confirmation of the order by e-mail from the Company, send the payment to the Company by post to the address below within 7 days following the e-mail confirming the order, taking care to respect the amount indicated. After this period, the order will be automatically cancelled.
Cheques must be sent to the following address together with the summary of the order form that the Customer will have printed beforehand: Service Client C.I.L Services 35 quai de la Tournelle 75005 Paris.
The order will be shipped only when the full payment of the order has been received and cashed by the Company.
8.4 Customs duties
Any order placed on the Site and delivered outside of Metropolitan France, Corsica and Monaco may be subject to possible taxes and customs duties imposed by the country of destination. These possible customs duties and taxes related to the delivery of an item are the responsibility of the customer. We are not obliged to check and inform you of the applicable customs duties and taxes. To know them, we advise you to inquire with the competent authorities of your country.
Article 9 : Geographical coverage
Deliveries can be made in metropolitan USA, Mexico, Canada, France, Monaco and Corsica. Deliveries can also be made in Europe in the following countries: Germany, Belgium, United Kingdom, Netherlands, Luxembourg, Italy, Spain and Denmark, Austria, Cyprus, Finland, Hungary, Ireland, Poland, Portugal, Czech Republic, Slovakia, Slovenia and Sweden.
9.1 - Terms of delivery
Delivery is made by the carrier chosen at the time the Customer places the order:
Fedex Tracking: upon delivery, the Customer or if different, the recipient of the package, will be delivered by the deliveryman of the company Fedex and will have to sign a delivery note or a receipt of the package. In case of absence, a notice of passage will be left to the Customer or if different, to the recipient of the package. This will allow him to withdraw the ordered products at the post office indicated in the notice of passage, during a period of fifteen days. After this period, the parcel will be returned to the Company which will proceed to the reimbursement of the order less the shipping costs.
If the Customer wishes to receive the parcel again, he/she must place a new order.
- Delivery by Express carrier: upon delivery, the Customer or, if different, the recipient of the package, will be delivered by the delivery person of the company Fedex and will have to electronically sign the acknowledgement of receipt of the package. In case of absence, the Customer or, if different, the recipient of the parcel will receive a notice of passage, which will allow him to contact the carrier at the address indicated on the notice of passage, in order to agree on another day of delivery during a period of fifteen days. After this period, the package will be returned to the Company which will proceed to the reimbursement of the order less the shipping costs.
If the Customer wishes to receive the parcel again, he/she must place a new order. The delivery will take effect at the moment of the collection of the Products by the carrier who will deliver the ordered Product to the Delivery Address mentioned by the Customer on the order form and who will give the delivery note to the Customer.
Deliveries are only made according to availability and in the order of arrival of orders. In the event of a stock shortage for one of the ordered Products, the Company will inform the Customer of the new availability of the Products, and will proceed, unless otherwise instructed by the Customer, with the partial delivery of the order.
In general, orders cannot be cancelled in case of stock shortage. The computer system (flashing) of each carrier being authentic as to the date of delivery, no dispute will be possible if the package is notified as having been delivered to the recipient.
The delivery charges applied to the Order depend on the transportation costs specific to each delivery. We make every effort to obtain the best possible rates from our transportation partners. To date, orders to :
For an order above 125$, the standard shipping is free.
For the standard shipping under 125$ of purchase, the delivery is at a fixed price of 9,90 $.
For an Express delivery whether the basket is 125$ or plus, there is an extra fee.
9.2 - Delivery times
For any order confirmed from Monday to Friday (excluding holidays) before 11am on the Site, the preparation of the order will take place the same day, within the limits of available stocks.
The delivery times, as from the validation of the order by the company, will then be as follows:
- Fedex International economy : 5 to 7 business days.
- Express delivery (Fedex international Priority): less than or equal to 3 working days.
The delivery time is guaranteed for all deliveries in USA, Mexico, Canada, Metropolitan France, Monaco, Germany, Belgium, United Kingdom, Netherlands, Luxembourg, Italy, Spain and Denmark. The delivery time is not guaranteed for any delivery in the following countries: Austria, Cyprus, Finland, Hungary, Ireland, Poland, Portugal, Czech Republic, Slovakia, Slovenia and Sweden. In case of exceptional stock shortage, the Customer will be informed by e-mail or by phone.
The Company will propose to the Customer :
- either to delay the delivery of the entire order until the date of restocking of the Product concerned,
- or to accept a partial delivery with reimbursement of the purchase price of the undelivered Product(s), the Customer being able to place a new order when the Product concerned becomes available again,
- or a cancellation and a refund of the entire order.
The Company will also keep the Customer informed, within a reasonable period of time, of cases and events of force majeure likely to disrupt the delivery process of the Product ordered. If 7 days after the delivery date indicated, the Product ordered has not been delivered, for any other reason than a case of force majeure, the sale may then be cancelled at the request of the Customer by registered letter with acknowledgement of receipt to the following address Customer Service C.I.L Services 35 quai de la Tournelle 75005 Paris.
The sale contract will be considered as broken at the reception by the Company of the registered letter of the Client informing him of his decision, if the delivery did not occur between the sending and the reception of this letter. The totality of the sums paid by the Client will then be returned to him if the entire order is returned, in the form of a credit note or refund, at the Client's discretion, as soon as possible and at the latest within thirty days following the date on which the Client exercised his right to cancel his order. No compensation or penalty for late delivery other than the reimbursement of the Products may be claimed by the Client from the Company, regardless of the direct or indirect causes and consequences thereof.
Article 10: Receipt of products
It is the responsibility of the Customer or, if different, the recipient of the package, upon receipt of the Product, to verify without delay the conformity and integrity of the Products shipped. In general, the reservations or observations made on the delivery slip must be complete and precise. In particular, they must precisely define the damage and include the order number.
Article 11 : Return of Products
11.1 - Return of Products following the exercise of the right of withdrawal (provided in Article 5).
11.1.1 - Terms and conditions In case of return of Products following the exercise of the right of withdrawal as provided for in Article 5 above, the Customer shall follow the procedure for return of Products described below. The Products concerned must be returned by the Customer, in perfect condition and in their original packaging, placed in a blank cardboard box and clearly indicating the initial order number. For hygienic reasons, the products must be returned in their original packaging, complete and intact and in perfect condition for resale. The opening of the products makes these products unfit for any further marketing, any product which will have been opened, damaged, or whose original packaging will have been deteriorated, will not be refunded, nor taken back, nor exchanged.
The Company reserves the right to refuse any return that does not comply with the conditions mentioned above. The Company does not accept parcels sent with postage due or cash on delivery. In order to avoid any dispute, it is strongly recommended that Customers wishing to exercise their right of withdrawal return their Products in conditions similar to those of the initial shipment (Fedex international economy or Fedex international Priority), with a declared value corresponding to the price of the initial order, and to keep all proof of their shipment (parcel number) until their order has been fully refunded.
11.1.2 - Consequences
Any return accepted by the Company, after qualitative and quantitative verification of the returned Products, will result in the reimbursement of the Products under the conditions of article 5.
11.2 - Return of Products in case of technical anomaly of the Product, or error on the reference
11.2.1 - Terms and conditions In case of return of the Products following a technical anomaly of the Product or an error on the reference, the Customer will follow the procedure of return of Products described hereafter. The technical anomalies or errors on the reference must be communicated to the Company by e-mail ("contact us" section) within 10 days, following the delivery date, indicating the Customer's references, the invoice number and date, the reference of the Product, the quantity as well as the exact reason of the request.
The Company will send the Customer a label with postage paid to enable him to return the Product to the Warehouse. The Products concerned must be returned within 14 days from the date of receipt of the order by the Customer, complete, in perfect condition and in their original packaging, placed in a blank cardboard box with the initial order number clearly indicated.
The Company reserves the right to refuse any return that does not comply with the conditions mentioned above. The Company does not accept packages addressed other than by means of the postage-paid label provided by the Company as part of this procedure.
11.2.2 - Consequences
Any return accepted by the Company, after qualitative and quantitative verification of the returned Products, will result, at the Client's option, in the creation of a credit note to his benefit, the free replacement or reimbursement of the Products, to the exclusion of any indemnity or damages.
Article 12 : Warranty
In addition to the legal guarantee against hidden defects resulting from articles 1641 to 1649 of the Civil Code, for which the Customer must act within two years from the discovery of the defect, the Products sold on the Site are subject to the legal guarantee conditions of articles L. 211-4 and following of the Consumer Code.
Article 13: Notices published on the site
On the product pages of the Site, the Customer has the possibility to give a review of the Product by writing a short text with a title and by giving a rating ranging from one (1) to five (5) stars.
The posting of a review on the Site shall not give rise to any financial consideration on the part of the Vendor for the benefit of the Customer who has written said review.
Reviews written by Customers shall be published on the Site within a maximum period of forty-eight (48) hours. This period is expressed in working days.
The notices published are kept on the Site as long as the Products concerned by the said notices are on sale.
The Seller exercises control over the reviews published on its Site. Reviews are collected directly on the Site or after an Order has been placed, by e-mail, and relate to the various Products in the Order. All opinions that are offensive, vulgar, illegible or do not correspond to the Product they are about are deleted and will not be published on the Site under any circumstances. In accordance with Article D. 111-19 of the Consumer Code, when the Seller refuses to publish a review, it shall inform the Customer of the reasons for the refusal by any appropriate means.
Each of the notices published by the Customer may be answered by the Seller directly on the Site.
The Seller may not in any case modify the reviews that have been written by the Customers.
Article 14 : Limitation of liability
If the responsibility of the Company should be retained as a result of the non-execution or the bad execution of its services, the total of the compensations could not, by express agreement, exceed an amount equal to the price of the Product which is at the origin of the damage.
Article 15: Intellectual and industrial property rights
The Company holds a license to use the Site which remains the exclusive property of the company Service Client C.I.L Services 35 quai de la Tournelle 75005 Paris, which created and put online the Web pages, the images and script sources, and the basic data constituting the Site. The Client is therefore forbidden to distribute or reproduce the Site, in whole or in part, in any form whatsoever. The Company is, for its part, the operator of the official site of the Parfums Hanae Mori Paris brand, which is regularly registered with the Institute of Intellectual and Industrial Property.
The Client therefore recognizes the exclusive rights of the Company to its brand Parfums Hanae Mori Paris and agrees not to use it in any way or, more generally, to infringe the intellectual and industrial property rights of the Company. The Company reserves the right to claim damages in the event of infringement and more generally of its intellectual and industrial property rights.
Article 16: Settlement of disputes - Applicable law
Any dispute relating to the conclusion, interpretation, execution or breach of contract between the Company and the Client, even in the event of recourse to a guarantee or multiple defendants, shall, in the absence of an amicable agreement, be subject to the jurisdiction of the Courts of the place where the defendant resides or to the jurisdiction of the place of actual delivery of the goods. The relationship between the Company and the Client is subject to French law.
Article 17: Data processing and freedom (Law of January 6, 1978)
The Client's personal data (surname, first name, company name, position, e-mail and geographical addresses, telephone and fax numbers, banking information) are collected by the Company for the purposes of proper management of orders, deliveries and invoices, and under the provisions of the French Data Protection Act n°78-17 of 6 January 1978, reinforced and completed by the General Data Protection Regulation, known as the "RGPD", which came into force on 25 May 2018.
The information that must be compulsorily recorded by the Customer in order to place an order is identified online by an asterisk. The Customer has at any time the right to access, modify, rectify and delete personal information collected by the Company concerning him/her. To exercise this right, the Client can, at his choice, send an e-mail (heading: "contact us") or send a letter to the Company, at the following address C.I.L Customer Service, 35 quai de la Tournelle 75005 Paris (copy of the identity card to be joined).
By placing an order on the Site, the Client gives his consent to the use of the personal data collected when the order is placed in the Company's customer file for billing purposes. The Company will keep this information for a period of 2 years after the order is placed on a computer. In addition, the Company may use the personal data concerning the Customer in order to send him/her commercial offers likely to interest him/her.
In application of the French Data Protection Act, the Customer has the right to oppose the receipt of unsolicited commercial prospecting documents by e-mail, by checking the appropriate box online or by sending a letter to C.I.L Services Customer Service, 35 quai de la Tournelle 75005 Paris. Finally, the Company may also transmit the personal data communicated by the Customer and concerning him to commercial partners for prospecting purposes.
In accordance with the French Data Protection Act, the Customer has the right to oppose the transmission of his personal data to third parties by checking the appropriate box online or by sending a letter to C.I.L Services Customer Service, 35 quai de la Tournelle 75005 Paris. Within the framework of the fight against Internet fraud, the information relating to your order may be transmitted to FIA-NET for verification.
Article 18: Customer Service
The Company, through its Site, provides the Customer Service Department to answer all questions and comments that the Customer may have when using the Site, and also to provide appropriate advice on the sale of cosmetic products.
The Customer Service Department can be reached:
- By email: "contact us" section
- By phone : +33 01 55 42 00 00
- By mail: C.I.L Services Customer Service, 35 quai de la Tournelle 75005 Paris
Article 19: Non-waiver
The fact that the Company refrains from requiring at a given time the execution of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution later.
Article 20: Validity of the General Sales Conditions
The Company reserves the right to modify the Site, the T&Cs/Guidelines as well as any delivery procedure or any other component of the services provided by the Company through this Site.
When an Order is placed, the User shall be subject to the provisions set forth in the GTC/UGS in effect at the time the Order is placed.
If any provision of these General Terms and Conditions of Sale is declared void in whole or in part, the other provisions and other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and applicable.
Article 21: Accessibility of the General Terms and Conditions of Sale
The updated version of the Company's General Terms and Conditions of Sale is constantly accessible online by the Client. To do so, it is sufficient to click on "conditions of sale" where the said General Conditions of Sale are referenced in their integral version as well as, for greater convenience, the different sections such as Deliveries, Returns, Payment, Contact Information, or Confidentiality (use of personal data). The Customer can also obtain this document by writing to the Customer Service C.I.L Services, 35 quai de la Tournelle 75005 Paris.