TERMS OF SALE
Last updated: 21 October 2022
“Customer(s)” or “you” refer to any individual internet user, consumer (physical person), visiting the Website and making an online purchase of one or more Products strictly for personal reasons.
“PARFUMS CARON” or “us” refer to PARFUMS CARON, a French “société par actions simplifiée” registered in the Paris Trae and Companies register under number 562 108 977, with a capital of € 19,326,390, whose registered office is located at 22, Rue de l’Elysée, 75008 Paris, France, intracommunity VAT number: FR82 562 108 977.
“Product(s)” refers to the perfumery and cosmetic products and accessories available for sale online on the Site.
“Terms and Conditions of Sale” refers to the present general terms and conditions applicable to all Product sales on the Site.
“Website” refers to the Internet website edited by PARFUMS CARON, accessible at www.parfumscaron.com/ and offering online sales of Products.
2. WHAT IS THE PURPOSE OF THESE TERMS AND CONDITIONS OF SALE?
The purpose of the Terms and Conditions of Sale is to define the terms and conditions of sale and delivery of Products on the Website and to describe the necessary steps to place an order.
The Terms and Conditions of Sale are available to the Customer on the Website at the following address: https://www.parfumscaron.com/pages/conditions-generales-de-vente, and can also be accessed from the “Terms of sales” tab at the bottom of each page on the Website.
The Customer may also request current of historical versions of the Terms and Conditions of Sale by sending an email to: firstname.lastname@example.org.
By ordering a Product on the Website, the Customer acknowledges, by ticking the box provided for this purpose ‘(“I accept the terms and conditions of sale”), that he/she has read the Terms and Conditions of Sale in force on the day the order is placed and has accepted them without limitation. Acceptance of the Terms and Conditions of Sale is in no way conditioned by a handwritten signature by the Customer.
The Customer may, at any time, save or print the Terms and Conditions of Sale by pressing the “Print” button, provided that they are not modified in any way. A copy of these terms will be sent to him/her with the order confirmation e-mail.
PARFUMS CARON reserves the right to update the Terms and Conditions of Sale at any time. If modified, the Terms and Conditions of Sale that apply are those in force on the date the order is placed, shown in the order confirmation email.
The Terms and Conditions of Sale apply to all online sales placed on the Website, to the exclusion of any other document, in particular the conditions applied to sales in store or by means of other distribution and marketing channels.
Our Products are sold within a selective distribution network and are exclusively intended for personal use. As a result, the resale or distribution of Products purchased on the Website is strictly forbidden.
If you have any questions about the content of our Terms and Conditions of Sale, you can send an e-mail to email@example.com before placing an order.
3. PRODUCT INFORMATION AND AVAILABILITY
- Product Availability
The Products available for sale are those which appear on the Website on the day of your consultation of the Website. PARFUMS CARON reserves the right to withdraw Products from online sale at any time and without prior notice.
The Products are offered for sale within the limits of available stocks.
In the event that all or part of the Products are unavailable after you have placed an order, you will be informed by e-mail or telephone as soon as possible, and be offered the possibility to either order another article available on the Website as a replacement, or cancel the order. In the latter case, you will be reimbursed at the latest within 30 days from the date of payment if your bank account has been charged.
Under no circumstances shall PARFUMS CARON be liable for any shortage of stock or unavailability of the Products.
- Product description and presentation
PARFUMS CARON takes great care in the presentation and description of the Products. Nevertheless, the photographs depicting the Products are non-contractual and only indicative. PARFUMS CARON cannot be liable for any errors or inaccuracies in the photographic or graphic representations of the Products on the Website.
We invite you to consult each Product description to find out about its characteristics or to send any questions you may have to our customer service department at firstname.lastname@example.org.
Any offers, including promotional offers, are valid as long as they are advertised on the Website. Any promotional offer that is not published on the Website shall not be valid against PARFUMS CARON.
4. PRODUCT PRICES
The prices of the Products in place are the ones displayed on the Website at the time you place your order.
The prices are indicated in euros and include all taxes, including the VAT applicable on the order date. Any change in the legal rate of this VAT will be reflected in the Product price indicated on the Website.
PARFUMS CARON does not offer any VAT refund procedure for Customers residing outside the European Union. They will therefore not be able to benefit from a VAT exemption, neither directly when ordering the Products nor subsequently through a VAT refund when ordering.
The prices do not include the shipping costs of the Products, which will be indicated at the end of the ordering process.
PARFUMS CARON reserves the right to modify its prices at any time, it being agreed that the Products ordered will be charged at the price in force at the time your order is registered, subject to their availability.
5. HOW TO PLACE YOUR ORDER AND RECEIVE YOUR ORDER CONFIRMATION
- Connection to the Website
To purchase Products, you must first log in to the Website and enter your email address and password to create an account by entering your title, first name, surname, telephone number, address, email address and password.
- Order conditions
As the Website’s purpose is to sell Products to private individuals for personal use, PARFUMS CARON reserves the right to refuse or cancel any order that does not correspond to the usual average use of a household or that suggests an economic activity is being carried out by the Customer in connection to the Products ordered. As a result, PARFUMS CARON reserves the right to limit, for a single order or several orders, the total amount of the order to €2,500 and the quantity ordered to 3 of the same item.
PARFUMS CARON undertakes to fulfil the order within a maximum of 30 days from the date of your order validation, subject to availability and full payment of the price.
- Placing the order
Your order will be placed once you have chosen the delivery method, the payment method and after you have clicked the “Checkout” button, it being agreed that before clicking, you can verify the details of your order and its total price, modify it or cancel it if necessary.
You’ll be sent an order confirmation email with the following details:
- your order number with a summary of the Product references, quantity, price,
- the total amount of your order, including all taxes,
- information on the delivery of the Products (costs, address, etc.)
- Order validation
The act of you accepting the order validation as well as the payment validation legally generates the sales contract between you and PARFUMS CARON. Furthermore, your payment validation and the email confirming receipt of the order by PARFUMS CARON shall be deemed proof of acceptance of your order and its final validation.
The data stored by PARFUMS CARON and the payment service provider constitute proof of the nature, content and date of your order. Consequently, once the order and payment have both been definitively validated, you will no longer be able to cancel or modify the sale, subject to your right of withdrawal and the availability of the Product ordered. The payment will then be processed as soon as your order is validated.
In the event that a Product is out of stock after the sale, you will be informed as soon as possible by email or telephone. The sale will be cancelled, and if your account has been charged, the payment will be refunded to you as soon as possible.
- Order refusal
PARFUMS CARON reserves the right to cancel any order or any sale from Customers with whom there is a previous dispute or for any other legitimate reason, particularly with regard to the abnormal nature of the order (notably in the event of orders for unusual quantities and/or amounts for the final consumer).
6. HOW IS PAYMENT MADE FOR YOUR ORDER?
Any order placed on the Website will be payable immediately upon validation of your order.
Paying for your order is done online on the Website by means of a payment card (Visa, Debit Card, Mastercard, PayPal).
Payment is made via the secure server of the company STRIPE. None of your banking information is transmitted through our Website, ensuring the safety of your payment. The total amount for your order will be charged from your bank account from the day of the order. You acknowledge that in the event of using a bank card associated with an account managing a currency other than the euro, your bank may charge you exchange fees and bank charges will be at your expense, and solely at your expense.
In the event of refusal to authorise the bank card payment by the official accredited organisations that are usually on the internet, or in the event of non-payment of all or part of a previous order, PARFUMS CARON reserves the right to suspend all execution of your order and all delivery of the Products.
7. RETENTION OF OWNERSHIP
The Products remain the property of PARFUMS CARON until full payment of the price has been received by PARFUMS CARON, including the main value of the Products, costs and any taxes as shown on the receipt.
8. CONDITIONS AND RATES FOR DELIVERY OF YOUR ORDER
The Customer is invited to edit their delivery address and change it if necessary.
All Product offers proposed to our Customers on the Website are limited to orders placed for delivery in mainland France (including Corsica) and in certain countries listed in the Appendix, according to the prices also shown in said Appendix.
The final shipping costs are calculated according to the country of delivery and the carrier’s rates in force on the day of your order.
We exclude deliveries where the address given on the Website is a general delivery address or PO box.
The Customer acknowledges that, depending on the country of delivery chosen at the time of the order, he/she may have to pay customs and/or import duties depending on the legislation in force in said country.
An email is sent to the Customer to inform him/her when their order has been dispatched.
As delivery is carried out by a third-party service provider, the Customer is informed that PARFUMS CARON may not be held liable in any way if this obligation is not carried out or poorly carried out and this is due to the Customer or the unforeseeable or insurmountable act of a third-party to the contract or to a case of force majeure.
The purchased Products will be delivered according to the specified terms and conditions, within the following indicative average time frames: approximately five working days from being dispatched for France, up to 3 weeks depending on the country.
Any delay in delivery must be reported as soon as possible to the following address: email@example.com.
Each shipping is deemed to have been carried out as soon as the Product(s) is/are made available to the Customer by the delivery service, as evidenced by the control system in place.
9. WHAT TO DO WHEN YOU RECEIVE YOUR ORDER: DISPUTES - INFORMATION
It is the Customer’s responsibility to immediately check the shipped Products’ integrity and conformity upon receiving them, as well as the condition of their packaging.
In the event of a delay, breakage or missing Product(s), the Customer must express its full and precise complaints on the delivery slip upon receipt of the Product(s). In any event, the Customer may only take recourse against the carrier to whom he/she expressed their complaints. Any complaints must be confirmed by a registered letter (recorded delivery) within three (3) days of receipt.
Any such complaint must also be addressed to the following address: firstname.lastname@example.org.
In case of missing Product or if the order has not been delivered after the specified delivery date, for any reason other than force majeure, the Customer must contact PARFUMS CARON at the following address: email@example.com.
If the delivery is not carried out within a reasonable additional time frame, the Customer may cancel the contract by exercising his/her right of withdrawal, as described in section 10.
It is reminded that under section L. 216-4 of the French Consumer Code, any risk of loss or damage of Products is transferred to the Customer at the moment when he/she or a third party appointed by him/her, not including the carrier proposed by the professional, physically takes possession of these Products.
10. HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL
In accordance with the provisions laid out in section L.221-18 of the French Consumer Code, you have a period of fourteen (14) days from the day after the delivery date of your order to notify PARFUMS CARON of your intention to exercise your right of withdrawal.
The Customer must exercise his/her right of withdrawal by contacting PARFUMS CARON by means of an explicit statement including the reference number of the order and the number of Products returned, by any means of communication and in particular by email at the address firstname.lastname@example.org using the withdrawal form found in the Appendix.
You will then have a period of fourteen (14) days from the aforementioned notification to return the Product(s) under the conditions communicated in writing by PARFUMS CARON, in its (their) original packaging, allowing it (them) to be resold in its (their) original condition, with a copy of the purchase invoice. It is your responsibility to take care of the returned Product’s packaging, as you are responsible for the transport. A Product that has been opened, used, damaged, dirtied or is incomplete will not be accepted.
The shipping cost for returning the Products is at the Customer’s charge, except in the event that the Products delivered is not conform to the order. We do not accept parcels whose postage has not been paid.
All risks related to Product returns are at the customer’s expense. PARFUMS CARON recommends that you choose an option with package tracking for returns to avoid any issues like loss or theft.
If the order is not returned within the time limit, your order will be considered final and no reimbursement will be provided, except in the other cases provided for in these Terms and Conditions of Sale.
If, however, the aforementioned conditions are met, PARFUMS CARON will reimburse, by the same payment method used initially by the Customer, any expenses incurred for the order of the returned Products, with the exception of the return costs, within a maximum period of fourteen (14) days from receiving the return form and the returned Products by PARFUMS CARON.
In the event of a Product return that has been the subject of a promotional offer including one or more gifts, the gifts offered by PARFUMS CARON must also be returned to PARFUMS CARON.
11. WHAT LEGAL GUARANTEES DO YOU HAVE?
PARFUMS CARON is liable for defects in the conformity of the Products within the contract, under the conditions stipulated in sections L.217-3 et seq. of the French Consumer Code, and for any hidden defects in the Products, under the conditions stipulated in sections 1641 et seq. of the French Civil Code.
- Legal guarantee of conformity
Section L.217-3 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and the criteria set out in section L.217-5.
The seller shall be liable for any lack of conformity existing at the time of delivery of goods within the terms of section L. 216-1, which appear within a time frame of two years from the time of delivery.
The seller shall also be liable, during the same time frame, for any lack of conformity resulting from the packaging, the assembly or installation instructions when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This guarantee period shall apply without prejudice to Sections 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer to act shall be the day on which the consumer becomes aware of a lack of conformity.”
Section L.217-4 of the French Consumer Code: “The item conforms to the contract if, where applicable, it meets the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular regarding the functionality, compatibility, interoperability or any other characteristic provided in the contract;
2° It is fit for any special purpose sought by the consumer, made known to the seller at the time the contract is concluded at the latest and the latter has accepted it;
3° It is delivered with all the accessories and installation instructions that must be provided in accordance with the contract;
4° It is updated in accordance with the contract.”
Section L.217-5 of the French Consumer Code: “I. In addition to the conformity criteria in the contract, the item conforms if it meets the following criteria:
1° It is fit for the use normally expected of an item of the same type, taking into account where appropriate any European Union and national law provisions and any technical standards or, in the absence of technical standards, specific codes of conduct applicable to the sector in question;
2° Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or a model before the contract is concluded;
3° Where applicable, the digital elements it contains are provided in their most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions laid out in section L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transactional chain, or by any person acting on their behalf, including on advertisements or labels.
II.- However, the seller shall not be bound by any public statements mentioned in the preceding paragraph if he demonstrates:
1° That he was not aware of them and was legitimately not able to know them;
2° That at the time the contract was concluded, public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchase decision.
III. - The consumer may not contest the conformity by claiming a defect concerning one or several particular characteristics of an item when he was specifically informed that it deviated from the conformity criteria set out in this section, a deviation to which he expressly and separately consented to when the contract was concluded.”
Provided that the Customer’s request meets the conditions for the aforementioned guarantee to apply, the Customer may be entitled to:
- repair or replacement of the Product with an identical product (provided that this product is in stock) according to the Customer’s choice unless one of these options is impossible or involves disproportionate costs compared to the other possible option; or
- if the Product’s repair or replacement is not possible, reimbursement of the price of the Product if the Customer returns the Product, or reimbursement of part of the price of the Product if the Customer keeps the Product, excluding any compensation, by crediting the Customer’s bank account, no later than fourteen (14) days after receptive by PARFUMS CARON of the returned Product or proof of its return.
- Legal guarantee against hidden defects
Section 1641 of the French Civil Code: “The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which decrease its use so much that the buyer would not have acquired it, or would have only paid a lesser price, if he/she had known about them.”
Section 1648 of the French Civil Code paragraph 1: “The resulting action from critical defects must be carried out by the purchaser within two years of discovering the defect.”
Provided that the Customer proves the existence of a hidden defect, the Customer may be entitled to:
- a refund of the price of the Product if the Customer returns the Product; or
- a refund of part of the price of the Product if the Customer keeps the Product, excluding any compensation, by crediting the Customer’s bank account, no later than fourteen (14) days after PARFUMS CARON receives the returned Product.
It is the Customer’s responsibility to judge the appropriate and suitable nature of the items he/she orders.
PARFUMS CARON shall not be held liable for any use of the Products that does not conform to their intended use.
PARFUMS CARON may not be held liable for total or partial non-fulfilment of its obligations, if this non-fulfilment is due to an act of God or if an element constituting force majeure occurs. These events constitute a cause for suspension and/or termination of PARFUMS CARON’s obligations to the Customer, without compensation to the Customer.
PARFUMS CARON reserves the right to suspend the operation of the Website, and does not guarantee that the Website will be continuously available without temporary interruption, without suspension and without error.
13. HOW IS YOUR PERSONAL DATA PROCESSED?
In accordance with European Union regulation 2016/679 of 27 April 2016 (GDPR) and Law 78/17 of 6 January 1978 as amended, the Customer has the right to access, rectify, object to and delete data concerning him or her from PARFUMS CARON, as well as the right to portability (transfer), if applicable.
14. INTELLECTUAL PROPERTY
All intellectual property rights, whatever their nature, attached to the Products, the Website and to the elements appearing on the Website (in particular including: texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other element) are and remain the exclusive property of PARFUMS CARON.
Under these conditions, no person is authorised to reproduce, represent, exploit, adapt, distribute or use, by any process whatsoever, for any purpose whatsoever, in part or in full, these intellectual property rights, without the prior written consent of PARFUMS CARON.
In accordance with sections L.611-1 to L.641-1 and R.612-1 to R.616-2 of the French Consumer Code, if you consider that your complaint has not been resolved in a satisfactory manner, you may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectorial mediation bodies, or to any alternative dispute settlement (e.g. conciliation) in the event of a dispute.
You acknowledge that mediation is an out-of-court settlement of consumer disputes. If the conditions are met, a consumer mediation will take place according to a precise process and according to the rules in force. The procedure is free of charge for the consumer (R612-1 of the French Consumer Code).
You can use the mediation service for consumer disputes related to an order placed with PARFUMS CARON online. The Customer is reminded that before taking a dispute to a mediation service, he/she must first contact PARFUMS CARON’s Customer Service at email@example.com.
To find out how to contact the Ombudsman/mediator, please click on this link http://www.mediateurfevad.fr/index.php/espace-consommateur/.
You can consult the European Commission’s online dispute resolution platform.
16. WHAT LAW APPLIES TO OUR TERMS AND CONDITIONS OF SALE? WHAT IS THE RELEVANT JURISDICTION?
The present Terms and Conditions of Sale are governed by French law.
In the event of a dispute between PARFUMS CARON and the Customer, an amicable settlement must be sought as a priority, prior to referring it to a tribunal.
Any dispute arising from an application or interpretation of the Terms and Conditions of Sale shall be settled, in the absence of an amicable settlement as set out above, by the competent regional tribunal.
STANDARD WITHDRAWAL FORM
(Please complete and return this form by any communication means or by email at firstname.lastname@example.org if you wish to cancel the contract)
To PARFUMS CARON
I/We (*) hereby inform you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:
Ordered on (*)/received on (*)
Signature of consumer(s) (only in case of notification in paper form):
(*) Strike out if not applicable.
Shipping countries and costs
Mainland France, Monaco, Germany, Luxembourg, Netherlands, Belgium, Austria, Ireland, Portugal, Spain, United Kingdom, Italy, North Macedonia, Montenegro, Vatican City, Andorra, Jersey, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, Czech Republic, Bulgaria, Croatia, Finland, Greece, Malta, Romania, Iceland, Norway, Portugal, Spain, Cyprus: free
Reunion, Guadeloupe, Martinique, Switzerland: €15
Morocco, Tunisia: €20
Jordan, Qatar, Australia, India, French Southern Territories, New Zealand, Canada, Argentina, Bolivia, Chile, Paraguay, Mexico, United States of America, Israel: €35
Saint Barthélémy + Saint Martin : €40
Saudi Arabia, Bahrain, United Arab Emirates, Kuwait, Lebanon, Oman: orders under €200: €45, orders between €200 and €600: €35, orders above €600: free