General Terms and Conditions of Sale
General Terms and Conditions of Sale – last updated on 15/06/2016
CLUB PARFUM is a simplified joint-stock company (SAS) with a capital of 203,625.00 Euros, whose registered office is at 15, allée des Arômes - Parc d’Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France, registered with the Trade and Companies Register of Grasse under the number 423 517 036 00079 and whose VAT identification number is FR 15 423 517 036.
These general terms and conditions of sale (hereinafter referred to as the "GTC") govern all relations between CLUB PARFUM and any person who purchases products sold by CLUB PARFUM on this website for personal use.
It is specified that these GTC apply to the exclusion of all other conditions, and in particular, the general terms and conditions of sale in force for sales made in CLUB PARFUM stores and boutiques.
Any person visiting this website is free to print these GTC, provided that they do not modify them.
Article 1. Purpose.
These GTC govern the sale and offer for sale of products by CLUB PARFUM, exclusively made from this website, particularly accessible at the following address: www.clubparfum.com (hereinafter referred to as the "Site").
Within the framework of these GTC, the terms "Product" or "Products" refer to the product(s) offered for sale on the Site.
The customer (hereinafter referred to as the "Customer") is any person who visits one or more web pages of the Site, whether or not they have initiated a purchase process on this Site.
The Customer must have full legal capacity and be of legal age.
When the Customer places an order for a Product with CLUB PARFUM on the Site and checks the box "I accept the terms of sale," they acknowledge having previously read these GTC and accept them without restriction. These GTC, thus accepted, will be the only ones applicable to orders placed via the Site, regardless of the Product(s) purchased by the Customer.
CLUB PARFUM reserves the right to modify these GTC at any time by publishing a new version of them on the Site.
Article 2. Specific conditions of sale.
The Customer acknowledges having taken note, at the time of each order, of the specific conditions of sale stated on their screen (name, price, components, weight, quantity, color, features of the Products) and expressly declares to accept them without reservation.
The placing of an order and its confirmation materialize the full and complete acceptance by the Customer of these GTC as well as the specific conditions of sale solely applicable to the order.
Article 3. Offer.
The offers of Products made by CLUB PARFUM on the Site are valid as long as the Products are present on the Site and within the limits of available stocks.
Article 4. Essential characteristics of the Products.
CLUB PARFUM invites the Customer to refer to the description of each Product on the Site to know its precise characteristics. In case of doubt or if the Customer wishes to obtain additional information, they can contact CLUB PARFUM by email at info@clubparfum.fr and/or by phone at +33(0)4 92 42 30 70.
The differences between the photographs and the Products can only be minimal differences and do not concern the essential characteristics of the Products.
In case of manifest error between the characteristics of a Product and its representation and/or the conditions of the sale, the Customer agrees to contact CLUB PARFUM by email at info@clubparfum.fr and/or by phone at +33(0)4 92 42 30 70 to inform them of the said manifest error. CLUB PARFUM undertakes to correct the said errors as soon as they are brought to its attention.
On the pages of the Site presenting the Products and on the order forms and invoices presented and/or sent to the Customer, the prices are indicated All Taxes Included in euros, taking into account the applicable VAT rate on the day of the order.
CLUB PARFUM reserves the right, which the Customer accepts, to modify its prices at any time. The Products will in any case be invoiced on the basis of the rates mentioned on the Site at the time of the final validation of the order.
All orders, regardless of their country of origin, are payable in euros. All costs, particularly financial, related to the conversion into euros of the currency in which the Customer's bank account debited for the transaction is held, are the exclusive responsibility of the Customer.
On the pages of the Site presenting the Products, the prices indicated do not include delivery charges which are invoiced in addition and are specified to the Customer prior to the final validation of their order.
The prices of the Products and delivery charges are not negotiable.
The price of each order, including delivery charges, is payable in full at the time of order placement; CLUB PARFUM does not grant any credit.
Article 5. Recording and validation of an order.
The Customer expressly accepts that the automatic recording systems of CLUB PARFUM are considered as proof of the nature, content, price, and date of the order.
5.1. Navigation within the Site.
The Customer can learn about the different Products. The Customer can freely navigate through the different pages of the Site without being committed to an order.
Delivery restrictions may apply, and the customer will be informed of such restrictions at the time of order validation if applicable.
5.2. Placing an order.
5.2.1 Choosing Products.
To place an order, the Customer selects the various Products they wish to purchase by clicking on their product page. They indicate the desired quantity of products and click the "Add to Cart" button.
Each new addition to their cart is indicated to the Customer in the order summary.
The Customer can, at any time:
- obtain a summary of the Products they have selected by clicking on the "My Cart" icon accessible at the top right of the screen.
- modify or delete all or part of their order as summarized (in case of modification, the new information is displayed as changes are made).
When the Customer is on the "My Cart" page, they can:
- continue selecting Products by navigating the site and clicking on "Continue Shopping."
- or, if the list presented corresponds to the Products they wish to purchase, finalize their selection of Products and order them by clicking on "Proceed to Checkout."
5.2 Customer Identification.
The Customer must then:
- identify themselves by clicking on "My Account" and entering their username or email address and password (in case of forgetting or loss, the Customer must click on "Lost password?").
- if they do not have an account, they can create one when validating their first order.
The customer's email serves as the "username." The Customer receives a confirmation email of their registration containing an automatically generated password.
The customer can change this password at any time and personalize it by going to the "My Account" page.
It is strongly recommended not to choose a password that constitutes a common word, but to alternate numbers, letters, and special characters. It is the Customer's responsibility to regularly change their password on the "My Account" page.
The Customer is solely responsible for their password and its use. They expressly agree to keep it confidential and not to disclose it under any circumstances to anyone.
Consequently, the Customer expressly acknowledges that entering any identifier constitutes proof of their identity and manifests their consent.
The Customer can access their information at any time by clicking on "My Account." It is their responsibility to update the information on this page and verify its accuracy at the time of each order. CLUB PARFUM makes every effort to ensure the protection of its customers' data and provides a level of security in accordance with current standards and practices. For more information on the privacy policy, the Customer can consult CLUB PARFUM's privacy policy.
5.3 Order Validation
To finalize the order process, the Customer must complete the order form. It is the Customer's responsibility to fill it out completely and accurately. Fields marked with an asterisk are mandatory.
The Customer must:
• choose their delivery method. Delivery costs are specified.
• complete their delivery and billing address.
• review the order summary presenting the product, quantity, and VAT-inclusive price of the Products selected by the Customer, the delivery costs, as well as the total VAT-inclusive amount of the order, the amount of VAT, the Customer's contact details, and the delivery and billing address.
• read the present GTC by clicking on the link provided for this purpose and accept them by checking the box "I have read and accept the general terms and conditions of sale."
• choose their payment method.
• complete the data related to their bank card for payment.
Once this verification is complete, the Customer must click on "Validate" to definitively validate their order.
5.4. Order Confirmation
Once the payment process is completed, the Customer is directed to a page displaying the order summary.
An order confirmation email, presenting the summary of the ordered products, the Customer's information details, and the order number, is sent to the Customer.
The Customer can also view the order summary on their account in the "My Account" section under "Recent Orders."
Without prejudice to the application of the provisions of Article 7, the sale is deemed complete upon payment validation by PAYBOX.
However, CLUB PARFUM reserves the right not to confirm an order for a valid reason, particularly for reasons related to the supply of Products, the inability to process the received order (illegible, etc.), an abnormal order, or a foreseeable problem concerning the delivery to be made. CLUB PARFUM will immediately inform the Customer by any means.
5.5 Limitations specific to each order.
The Customer is responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use, without any direct relation to their professional activity.
To limit fraud risks, the maximum authorized amount for an order is 500 euros including VAT. Above this amount, the Customer must contact CLUB PARFUM by email at info@clubparfum.fr and/or by phone at +33 (0)4 92 42 30 70 to register their order. Failing this, any order exceeding this amount will not be considered and will not bind CLUB PARFUM.
Article 6. Delivery
6.1. Availability by country
The Products ordered by the Customer will be delivered in the following states: metropolitan France (including Monaco). No shipments will be made outside these states.
6.2. Product unavailability.
The offers of Products and prices are valid as long as they are visible on the Site, within the limits of available stocks.
6.2. Product Unavailability
In the event that one of the Products is unavailable, the Client will be informed as soon as possible. This information will be notified, where possible, during the order process via display on the webpage.
However, despite the care CLUB PARFUM takes in managing its stock and the measures implemented for this purpose, errors may exceptionally be noted regarding the stock status. In this case, CLUB PARFUM will inform the Client by email of the unavailability of the concerned Product(s) as soon as possible after the order has been validated but before delivery.
CLUB PARFUM will then take the necessary steps to refund the price of the unavailable Product(s). The bank account corresponding to the credit card details provided at the time of order will be credited with the excess amount.
6.3. Delivery Methods
Upon the carrier's acceptance of the order, the client receives an email containing the tracking number of the package from the carrier.
CLUB PARFUM commits to making every effort to ensure the order is delivered as soon as possible, within a period ranging from 48 hours to 30 working days after the order validation. Saturdays, Sundays, and public holidays are not considered working days. The public holidays are those in the French calendar.
The Client is invited to regularly check the status of their order and contact CLUB PARFUM's customer service for any questions or issues related to the delivery of their order at info@clubparfum.fr or by phone at +33 (0)4 92 42 30 70.
6.4. Delivery Delays
In the event of a delivery delay, that is, exceeding the maximum delivery date (30 days - articles L.138-1 to L.138-3 of the Consumer Code), the Client is invited to report this delay immediately to CLUB PARFUM by email at info@clubparfum.fr and/or by phone at +33(0)4 92 42 30 70 (non-premium rate number).
CLUB PARFUM will make every effort to resolve this issue and proceed with delivery. CLUB PARFUM may, for instance, conduct an investigation with the carrier and inform the Client of the expected delivery date. If the order is lost, CLUB PARFUM will contact the Client to offer either a reshipment of the order or a refund to the bank account corresponding to the credit card used during payment.
In any case, in the event of a delivery delay, the Client may cancel their order by contacting CLUB PARFUM customer service by email at info@clubparfum.fr and/or by phone at +33(0)4 92 42 30 70 (non-premium rate number). CLUB PARFUM will refund the Client within a maximum of fourteen (14) days the amount corresponding to the order (Product price and shipping costs). The bank account corresponding to the credit card details provided at the time of order will be credited with the amount of the order.
6.5. Receipt
Delivery is deemed completed upon the carrier's provision of the order to the Client.
It is the Client's responsibility to verify the conformity and integrity of their order upon receipt. Any reservations noted at the time of delivery (damaged package) must be reported by the Client to the carrier upon delivery.
All such anomalies and reservations must be notified simultaneously to CLUB PARFUM customer service. The Client must then provide proof (photos) of any damages to their order. Upon receipt of the reservations and evidence, CLUB PARFUM's customer service will exchange or refund the Products if they are not in accordance with the order due to damages sustained during transportation.
6.6. Delivery Conformity - Legal Warranty of Conformity and Hidden Defects Warranty
Despite the care taken by CLUB PARFUM in preparing packages, a Product may be non-compliant with the order or present an apparent or hidden defect.
The consumer has a period of two years from the delivery of the goods to enforce the legal warranty of conformity in case of a defect. During this period, the consumer is only required to prove the existence of the defect and not the date of its appearance.
The legal warranty of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, without cost and without significant inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for two years from the date of replacement of the goods.
The consumer can obtain a price reduction by keeping the goods or terminate the contract by receiving a full refund against the return of the goods if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a thirty-day period;
3° The repair or replacement of the goods causes significant inconvenience to the consumer, especially when the consumer permanently bears the costs of returning or removing the non-compliant goods, or if they bear the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's attempt to bring them into compliance.
The consumer also has the right to a price reduction or to terminate the contract when the non-conformity is so severe that it justifies immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the defect is minor.
Any period during which the goods are immobilized for repair or replacement suspends the warranty that remained until the delivery of the restored goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal warranty of conformity in bad faith incurs a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects pursuant to articles 1641 to 1649 of the Civil Code for two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept or a full refund against the return of the goods.
Article 7. Right of Withdrawal
The Client has a period of fourteen days to exercise their right of withdrawal without providing any reason. The period begins from the day the Products are received by the Client or a third party, other than the carrier, designated by them. In the case of an order for several Products delivered separately, the period begins from the day of receipt of the last Product. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
To exercise this right, the Client must notify CLUB PARFUM - 15, allée des Arômes - Parc d’Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France or by email: info@clubparfum.fr by sending, before the expiry of the period, the withdrawal form or any other unambiguous declaration expressing their desire to withdraw.
The Client must return the entire order to the following address CLUB PARFUM 15, allée des Arômes - Parc d’Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France, without undue delay and no later than fourteen days after communicating their decision to withdraw. The Client bears the direct costs of returning the Products.
The Client's liability is only engaged in the case of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Products. Moreover, pursuant to article L.221-28 5° of the Consumer Code, and by exception to the information mentioned above, the Client is informed that the right of withdrawal cannot be exercised if the Products have been unsealed by the Client after delivery for hygiene or health protection reasons.
When the right of withdrawal is exercised, CLUB PARFUM will refund all payments received from the Client, including delivery costs (excluding additional costs if the Client has expressly chosen a more expensive delivery method than the standard delivery offered by CLUB PARFUM), without undue delay and no later than fourteen days from the day CLUB PARFUM was informed of the Client's decision to withdraw. CLUB PARFUM may defer the refund until it has received the Products and Gifts or until the Client has provided proof of shipment of these Products and Gifts, whichever date is earlier.
CLUB PARFUM will refund using the same payment method used by the Client for the initial transaction, unless expressly agreed otherwise by the Client. The refund will not incur any fees for the Client.
Article 8. Payment.
The price invoiced to the Client is the price indicated on the order confirmation validated by the Client.
It is specified that payment must be made by credit card and involves immediate debit.
It is also specified that payment is made in a secure environment on the servers of our provider, PAYBOX.
Therefore, the Client must have a credit card (Carte Bleue, Visa, Mastercard, Eurocard networks) whose validity will be verified and confirmed by PAYBOX's payment server.
When entering Credit Card details, the Client will enter their card number and expiration date as well as, optionally, the control number. (The control number is the 3-digit number on the back of the Client's credit card).
It is specified that the credit card details are secured by SSL encryption (Secure Socket Layer) to protect as effectively as possible all data related to payment methods, and that the Client's credit card data will not be stored on CLUB PARFUM's computer system. They are therefore deleted once the order is completed.
For more information on the management of personal data, the Client is invited to consult the privacy policy of CLUB PARFUM.
CLUB PARFUM reserves the right to refuse any order or delivery in case of refusal of authorization of payment by credit card from banking organizations and/or for delivery requests outside the countries mentioned in Article 6.
CLUB PARFUM reserves the right to suspend or cancel any order and/or delivery in case of non-payment by the Client, payment incident and/or fraud in the use of the website or the payment method chosen by the Client.
As part of order verification, CLUB PARFUM may contact the Client by any means to validate an order and may, if necessary, request any supporting document deemed useful (related to identity, and/or residence and/or payment method used). The Client must provide the required documents within 15 working days upon receipt of CLUB PARFUM's request. The Client is informed that the delay, failure or refusal to transmit the requested documents will result in the cancellation of the order by CLUB PARFUM. Upon receipt of the documents and upon confirmation of the order by CLUB PARFUM, the deadline for transmitting the documents requested by the Client will be postponed accordingly for the delivery of the Product(s).
Article 9. Service Interruption.
The Site is accessible 24 hours a day, 7 days a week except in cases of force majeure or events beyond the control of CLUB PARFUM. CLUB PARFUM may temporarily interrupt access to all or part of the Site for maintenance reasons aimed at ensuring the proper functioning of the Site, without entitling the Client to any compensation.
In addition, the Client acknowledges the complexity of global networks, the inequality of capacities of different sub-networks, the influx of users at certain times and the various "bottlenecks" at certain points on the Internet. Current Internet transmission protocols do not allow for certain and continuous receipt of messages and the integrity of transmitted documents, so CLUB PARFUM cannot be held responsible for transmission failures due to network failure or malfunction.
Article 10. Force Majeure.
CLUB PARFUM shall not be liable for any failure, delay or non-performance of its obligations under the T&C, where such failure, delay or non-performance is linked to a case of force majeure as usually defined by French jurisprudence.
Article 11. Personal Data.
The Client is informed that placing orders for Products results in the collection and automated processing by CLUB PARFUM of personal information concerning him, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Data Processing, Data Files and Individual Liberties, as amended by Law No. 2004-801 of August 6, 2004. Information marked with an asterisk is mandatory for the validation of the Client's registration or any operation for which information is requested. The Client has the right to access and rectify data concerning him, as well as a right to object on legitimate grounds to the processing of information concerning him, by sending an email to the following address info@clubparfum.fr.
Further information on the management of personal data is available in CLUB PARFUM's privacy policy, which the Client is invited to consult here.
Article 12 Disputes.
These T&C are subject to French law. The offer of Products, the T&C and the specific conditions are drafted in French. The Client is informed that in the event of a dispute or disagreement with CLUB PARFUM, it is possible to resort, in addition to the courts, to a mediation procedure or another alternative dispute resolution method to resolve it.
In case of dispute, you must first contact our company in writing at Club Parfum, 15 allée des arômes, Parc d'Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, or at info@clubparfum.fr.
If the response is not satisfactory or in the absence of a response within 30 days following this written complaint, you may contact the Paritarian Commission for Direct Selling Mediation either through the online form on its website
(http://mediation-vente-directe.fr/) or by postal mail at CPMVD 1, rue Emmanuel Chauvière 75015 Paris or by email (info@cpmvd.fr). Tel: 01 42 15 30 00.
The CPMVD will seek an amicable settlement of your dispute free of charge and confidentially.
For more information on this mediation procedure, you can consult the following link http://mediation-vente-directe.fr/.
In case of dispute before French courts, only the French language version of these documents shall prevail between CLUB PARFUM and the Client.