These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by a user / natural person (hereinafter the “CLIENT”) on the website https: //www.100bon. com / (hereinafter the “SITE”) from THE OTHERS PERFUMERS, SAS registered in the LYON trade and companies register under number 819 421 413 000 17, having its registered office at 51 Avenue du Maréchal Foch 69006 Lyon, France
Tel: 04 78 03 09 77
email: email@example.com (hereinafter the “SELLER”).
Any order placed on the SITE implies the unconditional acceptance of the CLIENT of these general conditions of sale.
Article 1. Definitions
The following terms have the following meanings in these Terms and Conditions:
“CUSTOMER”: designates the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that this CLIENT acts outside any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
“PRODUCTS”: refers to all the products available on the SITE.
“TERRITORY”: refers to Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Purpose
These General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions
Article 3. Acceptance of general conditions
The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the last version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives.
The CUSTOMER will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT’s order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail, to the address firstname.lastname@example.org, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Characteristics of products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these Terms and Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders of PRODUCTS are directly placed on the SITE. To place an order, the CLIENT must follow the steps described below (please note however that depending on the CUSTOMER’s start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT’s basket. The latter can then add to his basket as many PRODUCTS as he wants.
Once the PRODUCTS selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be brought to his attention an online form completed automatically and summarizing the price, applicable taxes and, if applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER’s order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must then specify the payment method chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE begin to run only from this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transportation chosen).
Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
Vendor prices of the SELLER are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all the PRODUCTS at the same time as the PRODUCTS out of stock will be available again,
Either make a partial shipment of the PRODUCTS available at first, then the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information on the additional transport costs that may be incurred,
Either offer an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will obtain the refund of any
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. Payment
7.1. Means of payment
The CUSTOMER may pay his PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen.
The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER’s account will be debited upon the order of PRODUCTS placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER at the earliest when the first parcel will be shipped. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the CLIENT would be impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CLIENT corresponding to an order of an amount greater than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to follow up transactions and to produce a copy of the contract at the CLIENT’s request.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage they may cause.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are provided in the “delivery policy” referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the applicable transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Cancellation Policy.
Article 12. Guarantees
12.1. Compliance guarantee
Article L.211-4 of the Consumer Code: “The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. ”
Article L.211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
The SELLER is required to deliver a compliant PRODUCT that is to say fit for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertising and labeling.
In this context, the SELLER is likely to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was put in his charge or was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)
In case of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT’s choice is obviously disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT.
Finally, the CLIENT is exempted from reporting the proof of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if necessary, on the PRODUCTS.
12.2. Hidden defects warranty
The SELLER is bound by the guarantee for hidden defects of the sold PRODUCT which makes it unfit for the use for which it is intended, or which reduce such use so much that the CLIENT would not have acquired it, or would have given it a lower price, had he known them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for returning the PRODUCT by the CUSTOMER to the following address: 13 rue Saint Helena 69002 LYON. The action resulting from the latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Liability
The responsibility of the SELLER shall in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, including the seizure of his order.
The SELLER can not be held responsible for, or considered as having failed in the present, for any delay or non-performance, when the cause of the delay or the non-performance is linked to a case of force majeure as it is defined by the jurisprudence French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data concerning his Customers, including cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT’s account, analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers
Article 15. Condition of the returned good
The PRODUCT must be returned according to the SELLER’s instructions and include all the accessories delivered.
In accordance with the legal provisions in force, the customer has a period of fourteen (14) clear days from the receipt of the product to exercise his right of withdrawal from the seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund, provided that the products are returned in their original packaging, with their security cap intact and in perfect condition within fourteen (14) days of the communication of his decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories…) allowing them to be put back on the market́ in new condition. Damaged, soiled or incomplete products will not be taken back or refunded.