General Terms and Conditions
PREAMBLE
Unless otherwise provided, these General Conditions of Sale and the Legal Notices below are applicable to all navigation on the website www.kamsparis.com (hereinafter referred to as the “Site”).
This Site means all pages and/or sites accessible at this address, including versions optimized for navigation via mobile or tablet.
It should be noted that these General Conditions of Sale, like the Legal Notices below, may differ depending on the country and/or region and/or country of departure of the products concerned.
The company SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) (hereinafter referred to as the “Seller”) sells perfumery and cosmetic products (hereinafter referred to as the “Products” or the “Product”) presented on its website only at retail and for strictly personal use, to end consumers (hereinafter referred to as the “Consumers” or the “Consumer”).
Any order that clearly does not correspond to a retail sale or, more generally, any fraudulent order or order presumed to be fraudulent will be considered by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) as null and void.
For the purposes of this Agreement, it is agreed that the Consumer and SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will be collectively referred to as the “Parties” and individually referred to as the “Party”.
By ordering a Product on the Site, the Consumer acknowledges having read these General Conditions of Sale and having accepted them without restriction. This acceptance is in no way conditioned by a handwritten signature on the part of the Consumer.
It is specified that the Consumer may save or print these General Terms and Conditions of Sale, provided that they are not modified. The Seller reserves the right to update its General Terms and Conditions of Sale at any time, it being specified that the applicable General Terms and Conditions of Sale will be those in force on the date of the order.
Finally, the SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) online store is available in French, English and German. The Consumer acknowledges that the translation of the online store into English is only offered for his convenience and that the language chosen by the Consumer may be different from the language used by the Seller, which depends in particular on the location of the delivery address indicated by the Consumer.
The consultation of the Site by the Consumer is also governed by the General Conditions of Use of the Site, which he accepts without reservation.
ARTICLE 1: PURPOSE
The purpose of these general terms and conditions of sale (hereinafter referred to as the “GTC”) is to define the terms of online sale by the Seller of Products to the Consumer, as well as the rights and obligations of the Parties arising from the online sale of the products offered on the Site (hereinafter the “Product(s)”).
They determine all the steps necessary for placing the order and ensure the monitoring of this order between the Parties and apply, without restriction or reservation, to all Products offered by the Seller on its Site.
ARTICLE 2: PRODUCTS
2.1 Description of the Products
The Products offered for sale by the Seller are those appearing on the Site on the day of consultation by the Consumer of the Site, and within the limit of available stocks.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) also reserves the right to withdraw the Products from sale at any time.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) presents on the Site the Products for sale as well as their detailed descriptions in product sheets. The Products are described with the greatest possible care and precision. However, the photographs and/or visuals on the Site are for information purposes only and are not contractual.
For any questions relating to a Product or its use, it is therefore recommended to contact the Seller's customer service, using the contact details provided in the following articles.
The Products comply with current French legislation. The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Product is intended to be delivered. It is therefore up to the Consumer to check with the local authorities the possibilities of importing and/or using the Products that he/she plans to order.
The Products are presented within the limits of available stocks and the Seller cannot guarantee the availability of the Products advertised on the Site.
At any time, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) reserves the right to modify or no longer market the Products offered on the Site, these modifications having no impact, however, on orders that SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) has accepted before these modifications come into force.
In any event, in the event of total or partial unavailability of the Products after the order has been placed, the Consumer will be informed as soon as possible, by any means, of the unavailability of the Product and of the total or partial cancellation of the order.
In case of total cancellation :
- The Consumer's order will be automatically cancelled and his bank account will not be debited;
- The Consumer will be informed by any means.
In case of partial cancellation :
- The Consumer's order will only be partially validated and his bank account will only be debited for the amounts corresponding to the available Products:
- The remainder of the order will be cancelled;
- The Consumer will be delivered the available products.
In any event, if the Consumer's order was eligible for free delivery, the fact that the minimum rate is no longer reached does not deprive the Consumer of this free delivery.
Article 3: Price
3.1 All prices are indicated in Euros (EUR). The applicable prices are those indicated on the Site at the time the Consumer places his order. These costs are inclusive of all taxes, with the exception of transport costs and duties which will be invoiced in addition.
3.2 At any time, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) reserves the right to modify its prices, without any formality other than posting the modifications on the Site. However, these modifications will not affect orders that SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) has accepted before the entry into force of these modifications, subject to the availability of the Products ordered.
3.3 These prices do not include shipping costs, which are charged to the Consumer in addition to the price of the Products purchased. Shipping costs will be indicated before the Consumer registers the order.
Furthermore, the prices announced on the Site do not take into account customs fees and other costs possibly linked to the importation of the Products.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) therefore advises Consumers to contact local authorities to obtain, in addition, import taxes and duties.
Prices include Value Added Tax (VAT).
The various shipping methods are provided for in Article 6 below and are recalled on the Site; they may be modified at any time by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) . Also, the Seller advises Consumers to regularly consult the T&Cs available on the Site.
ARTICLE 4: ORDER
4.1 Order procedure
By browsing the Site, the Consumer has the opportunity to learn about the Products offered for sale on the day of consultation of the Site. Browsing the different pages of the Site does not in any way commit the Consumer to an order.
During their browsing, the Consumer wishing to place an order may do so by following the following steps:
- Fill your virtual shopping cart by clicking on the “Buy” icon, which appears next to each Product viewed.
Once this operation has been carried out, the Consumer will see a message confirming the addition of the item “Item added to basket”, and the number of items in the basket will be displayed at the top right of the screen.
- Continue your visit by clicking on "Continue shopping" or click on "Order" to see the items in the order displayed on the screen, including the total amount (excluding shipping costs), the nature of the products ordered and their quantity.
The Consumer may return to this order, complete it, modify it, cancel it as long as he has not validated it. If the Consumer wishes to choose other Product(s), he will then simply have to click on "Continue my purchases", being assured that the Product(s) he has just selected is/are well kept in the "Order" section.
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If the customer has a discount code, they can enter it in their virtual shopping cart. The total amount of the order will then be automatically recalculated.
- Once the selection of Products is complete, the Consumer can validate the order by clicking on “Order”.
A new Internet page will then open inviting the Consumer to
- i) identify yourself with your email and password to order using your customer account or
- ii) order by creating a customer account.
The Consumer must then provide his/her contact details, by accurately completing the form made available to him/her. In particular, he/she undertakes to indicate an address to which delivery can be made during business hours, as well as his/her surname(s), first name(s) and email address.
For any order delivered outside the European Union, the price will necessarily be exclusive of tax.
The Consumer may refer to the “Privacy Policy” of SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) to obtain more details on how SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) collects and processes their personal data.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) cannot be held responsible for the inaccuracy of the information communicated by the Consumer.
- Finally, the Consumer must choose the type of delivery desired (home delivery or in-store collection) and their payment method (bank cards, PayPal, or gift cards). At the bottom of this same page, an order summary will include all the information relating to this order, including in particular the nature, quantity and price of the Products and the total amount of the order (including shipping costs).
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After having taken note of the status of his order, the Consumer will be invited:
- Either click on the “Confirm” button in order to proceed with payment of the order, in accordance with the provisions of these General Terms and Conditions;
- Either click on the “Order” button in the navigation module at the top left, in order to modify the characteristics of your order and/or the information relating to your personal contact details;
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By clicking on the “Pay” button, the Consumer must first read the General Terms and Conditions, then check a box opposite the message “I declare that I have read and fully and unreservedly accept the general terms and conditions of sale”.
Once these General Terms and Conditions have been accepted and the order confirmed, a web page of our secure payment service provider will open.
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The Consumer must then pay for their order.
It is recalled that purchases made on the Site are reserved for a clientele of non-professional individuals for their own use, which is why SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) only sells its products in quantities corresponding to the usual average needs of a household. In accordance with article L121-11 of the Consumer Code, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) reserves the right to refuse or cancel for legitimate reasons any order whose number of products or the amount to be paid (for a single or several cumulative orders) does not correspond to the usual average use of a household, any order that would suggest that an economic activity is carried out by the buyer in connection with the products ordered or more generally, any abnormal Order within the meaning of the applicable case law in this area.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) cannot be held responsible in any way in the event of unavailability of the Site at the time of the order, for any reason whatsoever.
4.2. Order confirmation
4.2.1. Sales training
Once the order has been confirmed and its payment validated in accordance with the terms set out in Article 5 below (in the case of payment by bank card, provision of the bank card number, its expiry date, and where applicable the visual cryptogram), a printable and recordable summary of the Consumer's order will be displayed, and will mention in particular the order references.
At this stage, the Consumer will no longer be able to modify his order.
Following validation of the payment by the Consumer, the latter will receive an order confirmation email sent by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) . This will include the following information:
- The order number;
- The order summary;
- The amount of the order, all taxes included;
- Shipping costs;
- Confirmation of payment;
- The conditions and procedures for exercising the right of withdrawal, in accordance with the provisions of Articles L121-20 of the French Consumer Code;
- The terms and conditions relating to the delivery of the Product(s) ordered (expected shipping times: thirty (30) days maximum from validation of the order).
Only the receipt by the consumer of the e-mail confirming the order forms the sales contract.
4.2.2. Reservation of ownership
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) retains full ownership of the Product(s) ordered until full payment of the price, including principal, fees, taxes and mandatory contributions.
4.2.3. Refusal of order
In order to protect SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) from abusive, fraudulent practices, or practices that do not comply with the distribution networks that it has set up, in the event that SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) suspects one of these practices when placing an order, it reserves the right to ask the Consumer for additional documents (proof of address and debit in the Consumer's name, photocopy of the Consumer's identity card, photocopy of the Consumer's bank card, or other).
In the absence of a response from the Consumer within fifteen (15) days following the sending of the request by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) or for any other legitimate reason, the order will be automatically cancelled and SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will proceed as soon as possible to reimburse it to the bank account debited when ordering.
4.3 Proof of order
In general, e-mails will be valid between the Parties, as will the automatic recording systems on the Site, in particular with regard to the nature of the order.
The computerized records stored in the computer systems of SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) and its partners will be considered as proof of communications, orders and payments between the Parties.
At any time, the Consumer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Consumer and SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) . To do this, he will contact the Consumer Service via the "contact" tab or by email to eshop@kamsparis.com to which he will provide all the necessary information, in particular the order number and his contact details.
ARTICLE 5: PAYMENT
5.1 . Online payment must be made in Euros, by credit card (VISA, MasterCard, Carte Bleue) or by PayPal. The credit card is debited at the time the order is shipped.
Any bank charges remain the responsibility of the Consumer.
The following bank cards are accepted: Carte Bleue, Visa, and Master Card. The bank card is debited at the time the order is shipped.
In general, the Consumer guarantees SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) that he has the necessary authorizations to use the payment method chosen at the time of validation of the order. In the event of refusal by the bank, the order will be automatically canceled.
SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) also uses the payment platform offered by the staggered payment company ALMA. (below article 5.4)
5.2. SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) also reserves the right to refuse any order or delivery that may seem abnormal, in the event of an existing dispute with the Consumer, or even, but not limited to, total or partial non-payment of a previous order by the Consumer.
5.3 Penalties in an amount equal to the legal interest rate may, at the discretion of SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , be applied automatically to unpaid amounts after a period of ten (10) days following the date of the Order or upon notification of rejection of bank payment.
5.4 Payment in several installments with ALMA
Payment in installments/deferred payments is available via our partner Alma for the following countries: France, Spain, Portugal, Germany, Italy, Belgium, Netherlands, Luxembourg, Austria and Ireland.
Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Only purchases between €50 and €2,000 are eligible for payment with Alma. By paying in installments with Alma, the Customer does not pay any fees.
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the T&Cs binding the Seller and the customer shall result in the termination of the T&Cs between Alma and the customer.
ARTICLE 6: DELIVERY
6.1. Delivery terms
When the Consumer is eligible for delivery, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) delivers to many border countries.
The Products ordered by the Consumer will be delivered to the postal address provided by the Consumer when ordering online, by the Postal Services or by private carriers.
The Consumer will be able to follow the progress of their delivery on the Site, by clicking on their customer account.
Since delivery is provided by a third-party service provider, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) cannot be held responsible if the non-performance or poor performance of this obligation is attributable to the Consumer, to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.
The Consumer will also bear the consequences (delay in delivery, impossibility of delivery, return of the Products to SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , additional transport costs) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the Consumer for the purpose of delivery and/or the absence of the Consumer at the time of delivery.
For Pick-up in Store, delivery is guaranteed within D+1, only for orders placed from Monday to Thursday noon. For all orders placed from Thursday 12:01 p.m. to Sunday 11:59 p.m., KAMS undertakes to make the product available no later than the following Monday from 2:00 p.m. The customer will be notified by email of the availability of their order at 6 avenue de l'Opéra 75001 Paris. Pick-up takes place on the store's opening days and hours: Monday to Saturday, from 11:00 a.m. to 7:00 p.m.
If the package is not collected from the store after 30 (thirty) days, the package will be returned to our warehouse.
6.2. Deadlines
The Products will be sent by the usual postal services or carriers whose average delivery times given for information purposes are indicated when ordering.
Sundays and public holidays are not considered working days.
In any event, the order will be executed within a maximum period of thirty (30) days from the day following that on which the Consumer submitted his order, subject to full payment of the price.
6.3. Delay in delivery
In the event that the maximum delivery time of thirty (30) days is exceeded and if the Product(s) ordered have not yet been shipped and if this delay is not due to a case of force majeure, the Consumer may cancel his order by registered letter with acknowledgment of receipt sent to the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
Upon receipt of the Consumer's letter and if delivery has not taken place in the meantime, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will reimburse the bank account debited when ordering, as soon as possible, to the exclusion of any other compensation.
In the event of partial delivery, delivery may be made in several installments, and the Consumer may only cancel his order for the undelivered balance.
Any delay in delivery must be reported as soon as possible by the Consumer by email to eshop@kamsparis.com, so that the company SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) can have an investigation carried out by the postal services or the carrier. The Consumer must be informed that the duration of an investigation is random, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) does not control its implementation. If during this investigation, the package is found, it will be immediately rerouted to the delivery location designated in the Consumer's order.
However, if at the end of this investigation it is confirmed that the package containing the Product(s) has been lost, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will, at its own expense, reship the Product(s) to the Consumer or, in the event of definitive unavailability, will reimburse the Consumer for the sums collected in accordance with the terms of these general terms and conditions of sale to the bank account debited when ordering.
6.4. Delivery made
Each delivery is deemed to have been made upon the Product(s) being made available to the Consumer by the carrier, as evidenced by the control system used by the carrier, such as the delivery tracking system.
In accordance with the applicable provisions of the Consumer Code, the Consumer will receive, upon delivery, an invoice detailing the price of the products ordered and, where applicable, the delivery costs charged to him as well as a return form allowing him to exercise his right of withdrawal and obtain a refund for the products or to exchange them.
It is the Consumer's responsibility to immediately check the conformity and integrity of the Product(s) shipped upon receipt of the Product(s).
In the event of delay, breakage or shortage, the Consumer must issue complete and precise reservations on the delivery note. In any event, the Consumer may only exercise his recourse against the carrier to whom he must formulate his reservations. Any reservation must be confirmed by registered letter to the carrier within three (3) working days following receipt, specifying the package number, the reasons for the complaint and attaching, where applicable, a copy of the package delivery slip.
Any reservation of this type must also be notified to the Consumer Service of the company SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) within the same time period and in the same form at the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
A copy of the complaint addressed to the carrier must be attached.
Any claim made after this deadline or without respecting the required form will be rejected and the company SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will be released from all liability.
The Consumer must also ensure that the products delivered to him correspond to the order placed by him on the Site. In the event of non-conformity, the Consumer must inform SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) at the above address, and return the products to the address indicated and under the conditions of Article 7.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 Withdrawal period
The Consumer has a legal period of fourteen (14) clear days from the date of receipt or withdrawal of the products to exercise his right of withdrawal and request the exchange or reimbursement of all or part of his order without having to provide reasons or pay penalties.
If this period of fourteen (14) clear days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Consumer having exercised his right of withdrawal must return the product(s) within the aforementioned period, in its/their original packaging in good condition.
The Product(s) must be returned in its original packaging and unopened condition, allowing for re-marketing in new condition.
Failing this, the Seller reserves the right to refuse to exchange or refund the product(s).
According to article L221-28 of the consumer code, the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
The Consumer's attention is therefore drawn to the fact that the right of withdrawal is not applicable to sales of products personalized at his request.
7.2 Conditions of exchange and refund
In order to return his/her Product(s), the Consumer must contact SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) at the following address, within the legal time limits: eshop@kamsparis.com
The returned product(s), to be refunded or exchanged, must be returned by the Consumer to SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) under the following conditions:
- new and unused;
- neither damaged nor deteriorated;
- in their original packaging;
The package must be returned, securely sealed, within fourteen (14) working days following the Consumer's exercise of his right of withdrawal, to the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
Upon receipt of the package, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will assess the perfect condition of the returned merchandise and, if applicable, will send you a confirmatory email.
After this period, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) reserves the right to refuse the return or exchange requested by the Consumer.
No returns or exchanges will be accepted if the returned products have been visibly used or damaged by the Consumer and/or a third party and this use or damage makes the products unfit for sale.
Furthermore, the Consumer has a period of thirty (30) working days from the date of deposit of his package to make any claim relating to the return of said package. No dispute will be accepted after this period.
The Consumer must send his complaint by registered letter with acknowledgement of receipt to the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
In the event of a return for a defective product, the consumer will use the prepaid labels that were delivered to him. Otherwise, the shipping costs will remain the responsibility of the Consumer, who will assume all liability in the event of loss, theft, or damage to the packages and/or products during shipping without being able to claim any reimbursement from SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE).
In case of return by a means other than those offered by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , the package will be sent to the above address.
7.3 Reimbursement
In case of a refund request, SOC PARIS PARFUMERIE ESSENTIAL OILS (PARIS LOUVRE DUTY FREE) undertakes to reimburse the Products returned under the conditions referred to in Article L.221-24 of the Consumer Code, by credit to the Consumer's bank account corresponding to the bank card used for payment, by bank transfer to the account whose details will be communicated to SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) by the Consumer, or via PayPal.
7.4 Exchange
In the event of an exchange request, if the amount of the Consumer's exchange order is greater than the amount of their initial order, the Consumer will be contacted by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) in order to make the payment of the difference remotely (credit card or PayPal).
The shipment of the Consumer's exchange order is conditional on the actual receipt of this payment.
If the amount of the Consumer's exchange order is less than the amount of the initial order, the Seller undertakes to reimburse the difference after receipt of the products by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , as soon as possible and at the latest within fourteen (14) days following receipt of the Products by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , by credit to the Consumer's bank account corresponding to the bank card used for payment, by bank transfer to the account whose details will be communicated to SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) by the consumer or via PayPal.
ARTICLE 8: CONFORMITY AND WARRANTY OF PRODUCTS
The Product(s) are subject to the conditions and guarantee provided by French law.
So, The Products offered by the Seller on the Site are subject to the legal guarantee conditions provided for by articles L 217-4, L 217-5, L 217-12 and L 211-13 of the Consumer Code as well as by articles 1641 and 1648 of the Civil Code:
- Article L 217-4 of the Consumer Code:
“ The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility.
- Article L 217-5 of the Consumer Code:
“ The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
- Article L 217-7 of the Consumer Code:
“ Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity .
- Article L 217-12 of the Consumer Code:
“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the good .”
- Article L 211-13 of the Consumer Code:
" The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law ."
- 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 so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ."
- Article 1644 of the Civil Code:
" In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded ."
- Article 1648 of the Civil Code:
“ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect .
In the case provided for in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity .
These legal guarantees apply independently of any commercial guarantee.
It is further specified that the legal guarantees do not apply to normal wear and tear of the Products, in the event of failure to follow maintenance advice and to damage caused by causes external to the Products.
Likewise, SOC PARIS PARFUMERIE ESSENTIAL OILS (PARIS LOUVRE DUTY FREE) cannot be held responsible for the misuse and/or intensive use of the products that the Consumer may make of them.
The Consumer has a period of three (3) days from delivery to make any reservations or complaints for non-conformity or apparent defect of the Products delivered, by e-mail to the following address eshop@kamsparis.com, or by registered letter with acknowledgment of receipt to the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
The Consumer Service will then indicate to the Consumer the procedure to follow.
The Products must be returned in their original packaging and packaging with a copy of the invoice.
The company SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) SARL does not accept packages sent postage due.
Any risk associated with the return of the Product(s) is the responsibility of the Consumer.
Upon receipt of the Product(s) presumed to be non-compliant, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) SARL will carry out an inspection of the Product(s) as soon as possible. If the non-compliant nature of the Product(s) is confirmed, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) SARL will then reimburse the non-compliant Product(s) to the bank account debited when ordering within thirty (30) days of receipt of the non-compliant Product(s) as well as the initial delivery costs.
ARTICLE 9: INTELLECTUAL PROPERTY
The Site, its contents (texts, comments, illustrations, images, logos, database, brands, source code, etc.) and all intellectual property rights attached thereto as well as all intellectual property rights relating to the Products sold on the Site and their packaging and all industrial property rights held by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) (hereinafter together “the Intellectual Property”) are the exclusive property of the Seller.
Any reproduction, representation, distribution, modification or use of all or part of the Intellectual Property, by any means whatsoever and on any medium whatsoever, without the prior, written and express authorization of SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) is strictly prohibited and liable to legal action, with the exception of those covered by the Intellectual Property Code.
ARTICLE 10: PROTECTION OF PERSONAL DATA
As part of the Consumer's use of the Site, SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) is required to process and collect personal data.
The privacy policy is an integral part of these General Terms and Conditions of Sale; it provides information on how SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) collects and processes personal data.
In order to exercise the rights provided for by the regulations relating to personal data as explained in said policy, each Consumer may contact SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) :
by mail:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
by email: eshop@kamsparis.com
ARTICLE 11 – MISCELLANEOUS
11.1 Non-waiver
The fact that SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) refrains from demanding at any given time the execution of any of the stipulations of these General Conditions of Sale cannot be interpreted as constituting a waiver of the right to subsequently invoke said total or partial non-execution or to rely on said stipulation in the future.
11.2 Validity of the general conditions of sale
If any provision of these general terms and conditions of sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale will remain unchanged and will remain applicable.
11.3 . Modification of the contract
Any amendment or abandonment of any of the clauses of the General Conditions of Sale by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) will apply from the date of their publication on the Site.
Any previous order will remain subject to the General Conditions of Sale in force on the day of said order.
11.4. Applicable law - Disputes
The General Conditions of Sale are subject to French law.
In the event of a dispute resulting from the formation, interpretation or execution of the General Conditions of Sale, an amicable solution will be sought before any legal action by submitting a complaint setting out in detail the reasons for the dispute to the attention of SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) , by registered letter with acknowledgment of receipt, within ten (10) days following the occurrence of the dispute, to the following address:
SOC PARIS PERFUMERY ESSENTIAL OILS (PARIS LOUVRE DUTY FREE)
WEB Service
6 Opera Avenue
75001 PARIS
FRANCE
In the absence of an amicable settlement within thirty (30) days from the date of receipt by SOC PARIS PARFUMERIE HUILES ESSENTIELLES (PARIS LOUVRE DUTY FREE) of the complaint , any dispute to which the General Conditions of Sale may give rise will be submitted to the competent Parisian courts.
Under Article L. 612-1 of the Consumer Code: “ Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional ”
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a sales contract or the provision of services, between a consumer and a professional.
The text covers domestic disputes and cross-border disputes.