Standard Terms of Sale

Article 1 : Definitions

Parfums CARON : this term refers to Parfums CARON, a simplified joint stock company [S.A.S.] having share capital of EUR 1 230 530, intra-Community VAT No. : FR82 562 108 977, registered at the Paris Trade and Companies Register under No. 562 108 977, having its registered office at 99, rue du Faubourg Saint Honoré, 75008 Paris, France, a subsidiary of ALES GROUPE S.A., having share capital of EUR 28,652,582.

Site : this term refers to the Parfums CARON Internet online selling site: www.parfumscaron.com on which the Products are presented and sold to the Client.

Product(s) : this term refers to the perfume, cosmetics and accessories Products sold by Parfums CARON and offered for sale on the Site.

Customer : this term refers to the Internet user, a natural, non-professional person, who browses and/or Orders one or more Product(s), on a retail basis and for personal purposes, on the Site.

Party/ies : this term refers, alternatively, or collectively, to Parfums CARON and/or the Customer.

Order : this term refers to the sales agreement entered into between Parfums CARON and the Customer.

Standard Terms of Sale : this term refers to these Standards Terms of Sale of Products on the Site.

Article 2 : Purpose

The purpose of these Standard Terms of Sale is to define the terms and conditions in which Parfums CARON offers to sell the Products on its Site to Customers, as well as the Parties’ rights and obligations resulting from the online sale of these Products on the Site.

The Customer acknowledges having taken cognisance of and having expressly accepted the Standard Terms of Sale in force on the date of the Order, prior to placing its order on the Site. In no way is this acceptance dependent on a handwritten signature on the part of the Customer. These Standard Terms are made available to Customers on the Site and can also be communicated to them if requested by e-mail or by postal mail.

It is hereby stipulated that the Customer can save or print these Standard Terms of Sale insofar as it does not modify them. Parfums CARON reserves the right to update the Standard Terms of Sale at any time. In the event of a modification of the Standard Terms of Sale, the Terms that shall be applicable shall be those in force on the date of the Order.

The Standard Terms of Sale apply to any online sale made on the Site, excluding any other document, notably, the conditions applicable to in-store sales or to sales made via other distribution and sales channels.

The resale or distribution of the Parfums CARON Products purchased on www.parfumscaron.com is formally prohibited.

Article 3 : Products

Parfums CARON makes available for sale, within the limits of available stocks, the Products appearing only on the Site, on the date on which said Site is consulted by the Customer. Parfums CARON reserves the right to withdraw Products from online sale at any time and without prior communication.

All of the offerings of Products made available on the Site are limited to Orders placed for delivery in Metropolitan France (including Corsica), Monaco, Andorra, Germany, Belgium, Luxembourg, the Netherlands, Austria, Spain, Great Britain, Italy, Estonia, Hungary, Latvia, Lithuania, Poland, the Czech Republic, Slovakia, Slovenia, Sweden, Ireland, Croatia, Denmark, Portugal, Finland, Bulgaria, Romania, Serbia, Norway, Turkey, and Bosnia and Switzerland.

Parfums CARON does everything in its power to satisfy the requirements described in Article L 111-1 of the French Consumption Code [Code de la Consommation]. Accordingly, prior to placing his/her Order, the Customer can take cognisance, on the Site, of the essential characteristics of the Product(s) (s)he wishes to Order. However, those photographs illustrating the Products sold on the Site are not covered by the sales agreement and are merely indicative.

Purchase offers, including promotional offers, are valid as long as they are announced by Parfums CARON and on the Site. Any promotional offer not coming from the Site cannot be validly enforced against Parfums CARON.

Article 4 : Prices

The price in force is the price indicated on the Site. Prices are expressed in euros and are understood to include all relevant taxes, including VAT applicable in France on the day of the Order. Sales made to countries outside the European Community shall not incur taxes.

Prices do not include Product dispatching expenses, which shall be invoiced separately and shall be indicated prior to the Customer’s registering of the Order.

Parfums CARON reserves the right to modify its prices at any time. It is understood that the Products ordered are invoiced at the price in force at the time of the registration of the Order.

Article 5 : Order

Products ordered by the Customer are intended for the latter’s personal use, without any direct relationship with the Customer’s professional activity. The amount of each Order is limited to EUR 2,500 and the Order cannot exceed 3 articles having the same reference.

To purchase the Products, the Customer must connect to the Site and provide his/her e-mail address and his/her password, or create an account, for which (s)he must indicate his/her title (Mr, Mrs or Ms), surname, given name, address, e-mail address and password.

The approval of any Order shall be subject to the unrestricted, unreserved acceptance of these standard terms of sale.

The Customer’s Order shall only receive final approval after the Customer has selected its delivery method and payment method and has clicked on the “Order” button. It is understood that, before clicking, the Customer can check the contents of his/her Order and the total price of the Order, and print it, modify it or cancel it if applicable.

The Customer accepts that the approval of the Order shall take the place of an agreement between the Parties. The Customer’s approval of the payment and an e-mail confirming receipt of the Order by Parfums CARON shall be deemed as acceptance of said Order and of its final acceptance. The data registered by Parfums CARON and the payment services supplier shall constitute proof of the nature, content and date of the Order.

Accordingly, as soon as the Order has received final approval, the Customer shall no longer be entitled to cancel or modify its Order, with the exception of the provisions of Article 10 of these standard terms of sale.

The Customer shall be informed as quickly as possible by e-mail or by telephone in the event that one or more items is/are unavailable after the Order has been placed. The Order shall be cancelled, the payment shall be re-credited to the Customer and Parfums CARON shall notify it as soon as the product will once again be available. Parfums CARON shall not be liable for any stock outage or unavailability of Products.

Parfums CARON reserves the right to cancel any Order of a Customer with whom there is a prior dispute or for any other legitimate reason in view, notably, of the abnormal nature of the Order, in particular, in the event of an Order involving quantities and/or amounts that are unusual for a final consumer.

The orders placed for a delivery outside France can result in different processing times, especially with respect to deliveries of Orders not subject to VAT.

Article 6 : Payment

All Orders are payable in euros.

The Order shall be paid online on the Site (www.parfumscaron.com) using a payment card (Visa, MasterCard and other credit cards). Payment shall take place via the secure server of Adyen. Consequently, no banking information regarding the Customer circulates via the Site, ensuring fully secure payment.

Payments via Paylib are also possible.

The entire amount of the Order shall be debited from the bank account on the day of the Order.

In the event of a bank card payment authorisation refusal by officially accredited, customary Internet entities, or in the event that all or part of a prior Order has not been paid, Parfums CARON reserves the right to suspend any Order management and any delivery.

In accordance with France’s Data Processing and Freedoms Act [Loi Informatique et Libertés] of 6 January 1978, the Customer is entitled to access, rectify or oppose all of its personal data at any time.

Article 7 : Delivery

The Products ordered by the Customer in accordance with these Standard Terms of Sale shall be delivered to the address indicated by the Customer as the delivery address at the time of his/her Order.

The delivery period shall commence as of the sending of the e-mail confirming the Order.

For each delivery, the Products shall be delivered by Colissimo Expert or EXAPAQ. The delivery period and cost shall depend on the delivery zone chosen by the Customer at the time of his/her Order and are indicated in the table below :

Pays livrés

Participation aux frais de livraison

Mode de Livraison

 

Délai indicatif de transport

montant <70€

montant >=70€

France

5,95 €

gratuit

COLISSIMO EXPERT

2 à 3 jours

Allemagne

9 €

COLISSIMO EXPERT

3 à 5 jours

Belgique

9 €

COLISSIMO EXPERT

2 à 3 jours

Luxembourg

9 €

COLISSIMO EXPERT

3 jours

Pays Bas

9 €

COLISSIMO EXPERT

3 à 4 jours

Autriche

11 €

COLISSIMO EXPERT

3 jours

Espagne

11 €

COLISSIMO EXPERT

3 à 4 jours

Grande-Bretagne

11 €

COLISSIMO EXPERT

4 à 5 jours

Italie

11 €

COLISSIMO EXPERT

4 jours

Estonie

11 €

COLISSIMO EXPERT

5 jours

Hongrie

11 €

COLISSIMO EXPERT

4 à 5 jours

Lettonie

11 €

COLISSIMO EXPERT

5 jours

Lituanie

11 €

COLISSIMO EXPERT

5 jours

Pologne

11 €

COLISSIMO EXPERT

4 à 5 jours

République Tchèque

11 €

COLISSIMO EXPERT

5 à 6 jours

Slovaquie

11 €

COLISSIMO EXPERT

4 à 5 jours

Slovénie

11 €

COLISSIMO EXPERT

5 à 7 jours

Suède

13 €

COLISSIMO EXPERT

5 à 6 jours

Suisse*

13 €

COLISSIMO EXPERT

5 à 6 jours

Irlande

13 €

COLISSIMO EXPERT

4 à 6 jours

Danemark

11 €

COLISSIMO EXPERT

3 à 5 jours

Portugal

11 €

COLISSIMO EXPERT

4 à 5 jours

Finlande

13 €

COLISSIMO EXPERT

4 à 5 jours

Bulgarie

13 €

COLISSIMO EXPERT

4 à 5 jours

Roumanie

13 €

COLISSIMO EXPERT

4 à 5 jours

*As these countries are not part of the European Community, sales to these countries are not subject to tax.

Article 8 : Reservation of title

The Products shall remain the property of Parfums CARON until the price of the Order has been paid in full. No challenge of the delivery itself is possible if the package appears as having been delivered. The carrier’s computer system or the initialling of the acceptance slip shall be authoritative for this purpose.

Article 9 : Receiving of the Order – Complaints – Information

Upon receipt of the package, the Customer is required to verify the conformity and the condition of the packaging of the Products and to mention any visible defects. In the event that the Product is partially damaged or is lost, the Customer is required to express any reservations on the delivery slip presented by the carrier and then, to communicate these to Parfums CARON by e-mail, letter or telephone.

For any information, complaint or question regarding the Products and their use or the mail order sales conditions, Customers must contact the Customer Service department at Parfums CARON by e-mail, at sales@parfumscaron.com, by letter or by telephone on 01 34 23 60 17, and must provide the Order number.

Article 10 : Right of withdrawal

In accordance with the provisions of Article L. 121-20 of the Consumption Code, the Customer shall have fourteen clear days from receipt of its order to notify its intention to exercise its right of withdrawal. In this case, the Customer must return, at its expense and in their original packaging, the Products ordered and unopened, and cancel its Order by letter or by e-mail and obtain reimbursement for said Order.

Article 11 : Legal warranty and return of articles

The Customer is covered by the legal warranty of conformity and the warranty of hidden defects stipulated in Articles 1641 et seq. of the Civil Code. Parfums CARON undertakes that in the event that the Products do not conform to the Order or if a Product is delivered that contains a hidden defect, after receipt of the returned Product, to either exchange the Product with the Customer for a Product of equivalent quality and price in accordance with the availability of the stock, or to reimburse it by transfer for the price of the Product, within at most 15 days.

Article 12 : Liability

Parfums CARON is only bound by a best efforts obligation. The Customer is responsible for determining whether or not the articles that (s)he ordered are appropriate and suitable for his/her needs. Parfums CARON shall not be liable for use of the Products that does not conform to their intended use.

The Products are delivered by a third-party carrier. Parfums CARON waives all liability in the event of an excessively long delivery period due to the act or fault of the Post Office, as well as due to a loss of the Products ordered or to a postal strike. The Customer shall bear the risks of transport.

Parfums CARON can only be held liable in the event of proven negligence exclusively attributable to it.

Parfums CARON reserves the right to suspend the Site’s exploitation, and does not warrant that the Site is available continuously, without temporary interruption, without suspension and without error.

Article 13 : Force majeure

Parfums CARON cannot incur liability for the total or partial breach of its obligations, if this breach is due to a fortuitous event or to the occurrence of a force majeure incident. These events constitute a cause of suspension and/or extinction of the obligations of Parfums CARON to the Customer, without compensation in favour of the Customer.

Article 14 : Intellectual property

In accordance with the laws and conventions governing intellectual property or other similar rights, this Site and all of the elements, trademarks, drawings, designs, photographs, texts, illustrations, logos, sequences (whether or not animated and whether or not containing sound), graphics, etc., on this Site, as well as their compilation, are the exclusive property of Alès Groupe S.A. or of its subsidiaries ; the latter does not grant any licence or right other than the right to consult the Site.

The reproduction, or the use of all or some of these elements is only authorised for information purposes, for personal and private use; any reproduction and any use of copies made for other purposes is expressly prohibited. Neither all or part of the Site, or its content, or the trademarks can be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other manner, whether in full or in part, for any purpose whatsoever.

Any other use shall constitute infringement.

Article 15 : Governing law – Disputes

These Standard Terms of Sale and the contractual relationship between Parfums CARON and the Customer are governed by French law.

In the event of a dispute between Parfums CARON and the Customer, the Parties shall seek an amicable settlement to said dispute prior to referring the matter to a court.

The Paris Court of Appeals [Cour d’Appel de Paris] shall have jurisdiction to resolve any dispute resulting from the application or interpretation of the Standard Terms of Sale, if the parties fail to resolve the matter amicably, as indicated above.

Any Order by a Customer shall be deemed to entail the latter’s explicit and irrevocable waiver of any action of any type whatsoever for which French law does not have exclusive jurisdiction.