1. COMPANY IDENTITY

COMPANY NAME: CLY PARFUMS SAS

TRADE NAME: CAMILLE LEGUAY
11 rue du Pont aux Choux
75003 PARIS
FRANCE
Siret: 907 696 298 000 13
VAT: FR 49907696298

 

Simplified Joint Stock Company (SAS) with capital of 5,000 Euros and registered with the Paris RCS under number 907 696 298.

Hereinafter the “Seller”

  

2. PREAMBLE

The company CLY PARFUMS SAS (hereinafter the “Seller”) specializes in the creation and marketing of perfumes, in particular through e-commerce.

The purpose of these general conditions of sale is to inform potential customers of the conditions of sale and delivery of products ordered on www.camilleleguay.com (hereinafter the “Site”). Their purpose is to define the rights and obligations of the parties in the context of the sale of products by the seller to the customer (hereinafter referred to as the “Customer”).

The products presented for sale on the Site are Eaux de parfum.

These conditions apply, without restriction or reservation, to all sales by the Seller of products offered on its Site.

When a Customer visits or orders a product or service on the Site, this implies full acceptance of these general conditions of sale.

In accordance with these general conditions of sale, the Customer, prior to placing his order, declares that he has full legal capacity allowing him to commit to these general conditions of sale. If applicable, these general conditions of sale will prevail over any other version that may exist or over any other contractual document.

The Seller reserves the right to modify these general conditions of sale at any time.

These General Terms and Conditions remain freely accessible at any time on the Site and will take precedence over any other document.

 

3. FORMATION OF THE CONTRACT AND ORDER

3.1. Product Features

Specifically, the products are Eau de Parfum products available in 100 ml and 2 ml formats.

In accordance with article L. 111-1 of the Consumer Code, the Customer may, prior to ordering, consult the essential characteristics of the products he wishes to order on the Site.

The choice and purchase of products by the Customer on the Site are the exclusive responsibility of the Customer.

The descriptions of the products offered for sale are only indicative and do not bind the seller.

In the event of modification of a product by a supplier, the graphic representation of the product cannot engage the liability of the seller nor affect the validity of the sale.

The Seller reserves the right to modify the range of products according to the constraints of its suppliers.

 

3.2. Order

Any order implies unrestricted and unreserved acceptance of these general conditions of sale.

The Customer places an order on the Site by selecting the product(s) he intends to order from among those offered online on the Site.

Acceptance of the Customer's order will be confirmed by the Seller by email.

 

Validation of the order by the Customer on the Site constitutes unreserved acceptance of these General Conditions of Sale.

The sale will only be considered final upon full receipt of payment by the Seller.

The Customer will fill out a form and specify in particular his identity, his contact details, his billing address, his delivery address, his telephone number and his email.

The Customer will choose the delivery method and a payment method.

The Seller cannot be considered responsible for the data and information entered on the form by the Customer.

Payment for the order by the Customer is made directly on the online payment platform. Payments by credit card on the Site are completely secure and guaranteed by Stripe or Paypal.

After validation of the payment method by the customer, the order will be finalized, and definitively and irrevocably validated as proof of the sales agreement between the Customer and the Seller. The amount of the order will be due.

The company CLY PARFUMS does not have the mandate to sell the products on the Site to professionals, but only to consumers or non-professionals for their personal needs.

The Seller therefore reserves the right to refuse orders if an identical product is ordered in abnormal quantities.

The Seller recommends that the Customer keep this information on paper or electronic media.

The computerized records kept on the Seller's computer systems will be considered, unless proven otherwise, as proof of the transaction carried out with the Customer.

 

 

3.3. Pricing

The sales prices of the products on the Site are those in force at the time the order is registered by the Customer on the Site.

Prices are indicated in Euros including tax after value added tax (VAT) applicable on the day of the order.

They do not include delivery costs, which may be invoiced in addition to the price of the products purchased depending on the amount of the order and will be calculated prior to validation of the order by the Customer.

 

The final price requested from the Customer corresponds to the total amount of the purchase, including transport costs and any taxes and customs charges.

An invoice will be established by the Seller at the Customer's request, by contacting the Seller in the "Contact" section of the Site, specifying the request and the purchase order number.

 

The sales prices of the products may be modified at any time by the Seller.

This modification will be notified to the Customer before any order is placed.

 

3.4 Payment

Full payment must be made at the time of ordering by the Customer. At no time can the sums paid be considered as deposits or deposits. All orders are payable in euros.

The only valid online credits or codes are those issued exclusively by the Seller and can only be used on the Site. Codes will be valid for the period indicated when the specific code is distributed.

Payment is made in one of the following ways:

By credit card. The bank cards accepted on the Site are: Visa, Mastercard, American Express by Stripe, Shop Pay or Paypal.

The Customer guarantees to the Seller that by registering his order, he has the legal capacity and any authorizations necessary to use the chosen payment method.

The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of a security incident. payment.

The Seller reserves the right to request a photocopy of the Customer's official identity document for any payment by credit card.

The Seller verifies all orders validated on its site in order to protect the company from abusive and fraudulent practices.

As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to third parties for verification. Your credit card payment data is protected and encrypted by the Seller's service provider.

The payment made by the Customer online on the Site is protected by 3D Security which provides additional authentication so that, during the payment process, the issuing bank determines whether the identity of the card holder is verified or whether a process of Additional authentication is required. If so, a process will be put in place whereby the issuing bank will certify the identity of the cardholder via a one-time passcode via SMS or other means.

 

3.5 Product Availability

The products on the Site are available for sale in all countries, but the Seller reserves the right to modify these conditions at any time.

The Seller declines all responsibility if any of the recipient countries of an order imposes restrictions on the importation of perfumery products. It is the Customer's responsibility to know and understand these restrictions before ordering on the Site. The Seller reserves the right to refuse or cancel an order if it becomes aware that a particular country is experiencing problems related to the importation of perfumery products.

The products are available on the Site while stocks last, while stocks last.

If a product should no longer be available in stock, the Customer will be informed directly on the Site before placing an order. The Customer may choose to be informed of the new availability of the product by email.

In the event that an order is placed when the product is ultimately not in stock, the Customer will be informed by email as soon as possible. The Customer will then have the choice of being reimbursed or placing a pending order for the product. The Customer will be reimbursed for amounts already paid within thirty (30) working days from the date on which the Customer was informed by email. Payment will be made in the same manner as paid by the Customer.

In the case of an order for several products and the unavailability of only one of the products, the cancellation of the order concerning this product not available in stock will not affect the rest of the order, which will remain firm and final. .

The Seller reserves the right to refuse or cancel an order in the event of suspicion of fraud or dispute linked to non-payment of a previous order.

 

 

4. DELIVERY

The products will be delivered to the address indicated by the Customer on the Site when placing the order.

 

4.1 Delivery method

The products are delivered according to the following terms:

France: Standard delivery and can take up to 5 working days

Europe: Standard delivery and may take up to 10 working days

Rest of the world: Standard Colissimo with signature is generally used and can take up to 30 working days. Seller also uses other carriers when standard delivery services are not possible. If another carrier is used, a faster delivery service can be expected.

Please note that business days do not include Saturdays, Sundays and public holidays. In accordance with article L.121-20-3 of the Consumer Code, the Customer will receive their order within a maximum of thirty (30) days.

Delivery times are given for information purposes only. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above deadlines.

Standard delivery is offered for all orders over €100, only for Metropolitan France.

The product will not be delivered to hotels or PO boxes.

The Seller will inform the Customer of the progress of the order by email and on the Customer's account when preparing the shipment. Once the product has been shipped, the Seller will send the Customer a tracking number so that he can follow the order from departure to arrival on the carrier's site. This information will also be updated on the Customer's account.

In the event of absence, the buyer or recipient of the ordered products receives a delivery notice, from which he can contact the delivery service to organize collection. It is up to the Customer to check this with the delivery service. Delivery being ensured by a third party service provider, the Seller informs the Customer that it cannot under any circumstances be held responsible if the non-performance or poor execution thereof is attributable to the Customer, or to a case of force majeure .

There can be no dispute relating to delivery if the package appears to have been delivered, the carrier's computer system being taken as proof.

 

4.2 Import duties and taxes

For all deliveries outside French territory, taxes and duties that may arise during the import process are the full and complete responsibility of the Customer.

In addition, it is up to the Customer to make the declaration necessary for importing the products.

These declarations and payments cannot engage the liability of the Seller.

 

4.3 Delivery delays

If delivery of his Order has not been made to the Customer within the maximum time, and the delay is neither attributable to the Customer nor due to a case of force majeure, the Customer will have the possibility of canceling the order by registered letter with acknowledgment of receipt addressed to the following address:

CLY PARFUMS
11 rue du Pont aux Choux
75003 PARIS
France

if, after having ordered, according to the same terms, the Seller to make delivery within a reasonable additional period, the latter has not complied within this period.

The sale is considered resolved upon receipt by the Seller of the letter informing him of this resolution, unless the Seller has complied in the meantime.

The Seller will then carry out an investigation with the delivery service concerned prior to reimbursement of the ordered products not delivered, and will make the reimbursement at the latest within fourteen days following the date on which the contract was terminated, in accordance with the provisions of the article L. 216-3 of the Consumer Code.

The Customer may exercise the right to cancel his order for non-delivery within the contractual period, within a maximum period of sixty working days following the scheduled delivery date. This period runs from the deadline indicated for delivery of the products. If delivery has not taken place between sending and receipt of the Customer's registered mail, the order will be considered canceled.

It is then up to the Customer to return the product to the Seller following the return procedure, if it is delivered after the cancellation and refund procedure. The Seller will consider, in the event of non-return of the product, that the Customer wishes to proceed with the purchase of the product. A link allowing the payment method to be debited will be sent to the Customer in order to facilitate the transaction. In the absence of execution, the Seller reserves the right to take all necessary legal action to enforce payment.

 

4.4 Delivery problems due to the carrier

Any problem concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated handwritten on the delivery note, accompanied by the Customer's signature.

The Customer must also notify the carrier of this problem at the same time by sending a registered letter with acknowledgment of receipt and a statement of complaints within two (2) working days following the delivery date. The Customer must also go to the Site, in the “Contact” section and provide their contact details with a description of the delivery problem.

In the event of damage to the package visible to the Customer upon delivery, the Customer must not accept delivery and must follow the same procedure as indicated in the paragraph above, contacting both the delivery service and the Seller via the “Contact” section of the website.

 

5. RETURN OF THE PRODUCT, REFUND and RIGHT OF WITHDRAWAL

• Returns

In accordance with article L. 121-20-12 of the Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt to return the products ordered for reimbursement without having to provide proof of motives.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

The “Discovery Set” of samples and samples are exempt from return.

The products must be returned to the Seller, in perfect resalable condition, in their original condition (packaging, protective cellophane, accessories, instructions, etc.), duly sealed, and accompanied by the delivery note signed according to the procedure described below. below within 14 days of receipt of the product(s).

It is also the Customer's responsibility to ensure that the perfume can be returned with a shipper that has dangerous goods certification.

Any risk linked to the return of the product is the responsibility of the Customer. Failing compliance with the procedure set out above and the deadlines indicated, the Customer will not be able to make any claim for non-conformity or defect of the products delivered, the products being then deemed to be compliant and free from any defect.

The value of the returned products will be refunded to the customer, excluding transport costs. This reimbursement will be made using the same credit card used by the Customer for the initial transaction within a maximum period of fourteen (14) days, provided that the above conditions are respected.

To return an item,

• Log in to the “Contact” section on the website, enter their name, email address, indicate their order number and the product they wish to return;
• The Seller will then send by e-mail a delivery note to print and which the Customer must enclose their return package;
• The Customer must use the original packaging to return the product(s) if possible.

• Send your package to: the address on the delivery note.

The Customer is responsible for paying shipping costs. The Seller also advises the Customer to take out insurance: if the product is not received, the Seller declines all responsibility, the Customer remaining responsible for any risk associated, where applicable, with the return of the product(s).

 

5.2 Error / non-compliance

In the event of a claim of error and/or non-conformity of the products in nature or quality, the Customer must submit to the Seller via the “Contact” section of the Site, on the same day of delivery or at the latest on the first day business following delivery, any error claim.

The Seller will then indicate to the Consumer the steps to take. The Product(s) must be returned in their original packaging with a copy of the delivery note. The Customer remains responsible for any risk linked to the return of the Product(s). Upon receipt of the presumed non-compliant Product(s), the Seller will carry out a test of the Product(s). If the non-compliant nature of the Product(s) is proven, the Seller will then reimburse the Customer, on the bank card debited when ordering, for the non-compliant Product(s) within a maximum period of thirty (30) days from receipt of the non-compliant Product(s).

 

6. PRODUCT WARRANTY

The Seller, in his capacity as a professional seller, guarantees that the products conform to the use expected of them, and do not present any defects or hidden defects making them dangerous or unfit for their normal use. In the event that the product(s) do not conform to the information given in the presentation of the product(s) on the Site or if the Products present hidden defects as specified in article 1641 of the French Civil Code, their cost will be reimbursed to Customer, excluding transport costs.

Article L. 217-4 of the Consumer Code: “The seller is required to deliver conforming goods and is liable for any lack of conformity existing upon delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly or installation instructions when this conformity was provided for by the contract or was achieved under his responsibility. »

Article L. 217-5 of the Consumer Code: “the good is compliant if it meets the following criteria:

1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. »

According to article L. 217-9 of the Consumer Code, in the event of a lack of conformity, the buyer has the choice between repairing or replacing the goods.

However, if the buyer's choice results in a clearly disproportionate cost compared to the other method, taking into account the value of the goods or the importance of the defect, the Seller may not proceed according to the buyer's choice. . In such a case, the seller is required to proceed, unless impossible, according to the method not chosen by the buyer.

In accordance with article L. 217-10 of the Consumer Code, if replacement and repair of the products are impossible, the buyer may return the products and have the price refunded or keep the products and have a portion returned. price.

The same option is available to the Client if the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the Client's complaint, or if this solution does not can be implemented without major inconvenience for the Customer, taking into account the nature of the good and the use sought by the Customer.

However, the sale cannot be canceled if the lack of conformity is minor.

“Article L217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 is free for the Buyer.

“Article L.217-12 of the Consumer Code: Legal action resulting from lack of conformity is prescribed two years from the delivery of the goods.

“Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it bought, or would have paid only a lesser price for it, if he had known about it.”

“Article 1648 paragraph 1 of the Civil Code: Any legal action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect.

 

7. RESERVATION OF OWNERSHIP

The Seller retains full ownership of the products sold until physical possession of the goods is taken by the Customer and full payment of the principal price, fees and taxes included.

 

8. RESPONSIBILITY

The Seller cannot be held responsible for non-performance of the contract in the event of a shortage of stock or product due to a case of force majeure, disruption or total or partial strike, in particular of carrier services and means of transport and/or communications. The Seller cannot be held responsible for indirect damage that may arise as a result of the purchase of the products.

All products offered on the Site comply with current French and European legislation and the standards applicable in France and Europe. The Seller is in no way responsible for any case of non-compliance with the laws of the country in which a product is delivered (for example in the event of a ban on a product). It is up to the Customer alone to check with their local authorities the possible implications of the importation and use of the products that the Customer plans to order.

The Site also contains information from third parties and links to other websites. Under no circumstances will the Seller be held liable for damages resulting from the use, access or inability to use this third party information or the content of other websites.

While taking the greatest care in posting information and data online, the Seller cannot be held responsible for any inaccuracies, errors or omissions that may appear in the product description provided by the manufacturers.

The Seller cannot be held responsible for typographical errors on the site. Likewise, the photographs and graphics of the products in the Site catalog supporting the text have only an indicative value and do not enter into the contractual scope. The photos and graphics therefore do not bind the Seller regarding any inaccuracies or errors that may appear there.

 

9. INTELLECTUAL PROPERTY

The Seller retains the intellectual property rights on the site relating in particular to the logos, symbols, bottles, packaging, photographs and videos appearing on the Site and/or on the products. It is prohibited to reproduce, copy, distribute, modify or use, in whole or in part, any of these elements without the agreement of the company CLY PARFUMS.

The same applies to any combination or conjunction with any other brand, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the company CLY PARFUMS or to which the Seller holds the rights.

 

10. FORCE MAJEURE

The Seller's performance of its obligations under these General Conditions will be suspended in the event of Force Majeure. In addition to those usually retained by the law of French courts and tribunals, the following are expressly considered as force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning; shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The Seller cannot be held responsible for damages, direct or indirect, linked to such events deemed beyond its control. If the suspension of the performance of the Seller's obligations extends beyond ninety (90) days, the Customer has the right to terminate the order and the Seller will reimburse the order.

 

11. PARTIAL INVALIDITY

If one or more stipulations of these General Conditions of Sale are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect. their strength and scope.

 

12. NON-WAIVER

The fact of one of the parties not taking advantage of a breach by the other party of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver of the obligation in question.

 

13. PRIVACY POLICY and PERSONAL DATA

The Seller may collect personal data when managing your order on the Site. This data includes contact details, postal address, e-mail address, telephone number, and financial data relating to the Customer's bank account or credit card if the latter records these in the context of online payment of the product(s) ordered. This collection of this data is necessary for the sale of the products by the Seller and their transmission to possible third parties is necessary for the delivery of these same products. These personal data are therefore collected exclusively for the sole execution of the sales contract concluded on the Site between the Customer and the Seller, and the Customer accepts that they may be transmitted to the Seller's co-contracting companies for the execution of the contract concluded. by the Customer on the Site (i.e. transport providers and payment providers)

The data is not transferred outside the European Union.

The Seller acts as data controller, within the meaning of the “General Data Protection Regulation” or GDPR, in application of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the projection of natural persons with regard to the processing of personal data and the free movement of such data.

The Seller reserves the right to install cookies on the computers of visitors to its Site. A cookie does not identify an individual. Generally speaking, it records information relating to the navigation of an individual's computer on our site (the pages consulted, the date and time of the consultation, etc.) that the Site can read during subsequent visits. client. In this case, it contains the information that the customer has provided to us on the Site. The Seller undertakes to use confidential information from Customers only in the context of operating its Site.

Personal data will not be sold under any circumstances.

In accordance with the French Data Protection Act (known as “Informatique et Libertés”) of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, customers have a right of access, rectification and erasure of personal data. To this end, the Customer can simply write to the following address: CLY PARFUMS 11 rue du Pont aux Choux, 75003 PARIS.

The Customer will indicate his: name, first name, e-mail and postal address and the Seller undertakes to respond to the Customer's requests within a reasonable time.

Failing this, the Seller will keep the data collected for a period of five (5) years, i.e. the applicable limitation period.

The Customer also has the right to lodge a complaint with the National Commission for Informatics and Liberties, on its website (www.cnil.fr).

Depending on the choices made by the customer when creating or consulting their account, the customer may receive offers and invitations from the Seller. If the customer no longer wishes to receive them, he can at any time request to unsubscribe on the Site or by sending a request to the “Contact” section of the Site.

Seller will only retain personal information for as long as necessary for the purposes set out in this privacy policy.

The Seller undertakes to retain and use customer information in accordance with its legal obligations, to make its best efforts to amicably resolve disputes and to apply its sales policy.

 

14. PRIVACY POLICY and PERSONAL DATA

The Seller's product sales are subject to French law. To this end, these General Conditions of Sale are written in French. If they had to be translated into a foreign language, only the version written in French would be law in the event of a dispute.

Any dispute relating to the interpretation, execution or resolution of these General Terms and Conditions of Sale, and therefore to the sales and purchase operations carried out in execution of the latter, even in the event of multiple defendants, will be, lack of amicable agreement, the exclusive jurisdiction of the competent courts under the conditions of common law.

The Client is also informed, in accordance with article 14 of Regulation (EU) Nr. 524/2013, that the European Commission has set up an Online Dispute Resolution (ODR) platform: https://webgate .ec.europa.eu/odr/

If disputes cannot be resolved amicably, they will be submitted to the competent courts under the conditions of common law as indicated above.