TERMS AND CONDITIONS OF SALE
2. Company identity
3. Contract and order formation
4. Ordering process
6. Delivery and reception
7. Delivery problems due to the transporter
8. Product return, refund and right of withdrawal
9. Product warranty
10. Reservation of ownership
12. Intellectual property
13. Force majeure
14. Partial non-validity
16. Applicable law and legal jurisdiction
1. OVERVIEW The purpose of the general terms and conditions of sale is to inform potential customers of the terms and conditions of sale and delivery of products ordered on www.atelierdesors.com (hereafter referred to as the “Website”). In addition, the purpose is to define the rights and obligations of the parties in connection with the sale of products by the seller to the customer (hereafter referred to as the “Customer”). These conditions apply, without restriction or reservation, to all sales by ATELIER DES ORS of products offered on its Website.
When a Customer visits or orders a product or service on the Website this implies full and complete acceptance of these general conditions of sale of which the Customer acknowledges having read prior to their order. According to these terms and conditions, the Customer prior to placing their order, declares that they have full legal capacity, allowing them to commit to these general conditions of sale. Where necessary, these general terms and conditions of sale shall prevail over any other version that may exist or any other contractual document.
ATELIER DES ORS reserves the right to modify these general terms and conditions of sale at any time.
2. COMPANY IDENTITY
ATELIER DES ORS SAS
37 Rue d’Antibes
Siret : 794 142 182 00037
TVA : FR 52 794 142 182
Simplified Joint Stock Company (SAS) with capital of 37.500 Euros and registered with the Cannes RCS under the number 794 142 182.
3. CONTRACT AND ORDER FORMATION
3.1. Product Characteristics
In accordance with article L. 111-1 of the French Consumer Code, the Customer may, prior to ordering, consult the essential characteristics of the products he or she wishes to order on the ATELIER DES ORS Website. These products are Eau de Parfum and Extrait products available in the formats of 100ml and 2.5ml sample sizes.
The descriptions of the products offered for sale are indicative only and do not bind the seller.
In the event that a supplier modifies a product, the graphic representation of the product shall not affect the seller’s responsibility or affect the validity of the sale.
ATELIER DES ORS reserves the right to modify the product range according to the constraints of its suppliers.
Any order implies unrestricted and unreserved acceptance of these general terms and conditions of sale.
The Customer’s order must be confirmed by ATELIER DES ORS, by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the customer on the order form.
The sale will not be considered final by ATELIER DES ORS until payment is received in full.
ATELIER DES ORS is not mandated to sell the products on the Website to professionals, only to consumers or non-professionals for their personal needs. ATELIER DES ORS reserves the right to refuse orders if an identical product is ordered in abnormal quantities.
ATELIER DES ORS recommends that the Customer keep this information on paper or electronically.
The computerised records, kept on ATELIER DES ORS computer systems, will be considered as proof of communication, order and payment between the parties.
The online selling price of products on the ATELIER DES ORS indicated in euros, are those in effect at the time of registration of the order form by the Customer on the Website.
They do not include delivery costs, that may be invoiced in addition to the price of the products purchased according to the amount of the order. Delivery costs will be indicated before the order is registered by the Customer if delivery is offered.
Prices include the value added tax (VAT) where applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of products sold by ATELIER DES ORS.
The selling prices of the products can be modified by ATELIER DES ORS at any time. This modification will be notified to the Customer before any order is placed.
3.4 Product Availability
The products on the Website are available for sale in all countries, but ATELIER DES ORS has the right to change these conditions at any time. The products are available on the Website while supplies last.
ATELIER DES ORS shall not bear responsibility if some countries place restrictions in terms of perfume product imports. It is the responsibility of the Customer to know and understand these restrictions prior to ordering on the Website.
ATELIER DES ORS reserves the right to refuse or cancel an order if it is brought to our attention that any country in particular has issues relating to the importing of fragrance products.
ATELIER DES ORS reserves the right to refuse or cancel an order if there is suspicion of fraud or legal issues with a non-payment of a previous order.
If some products are not in stock, it will be clearly indicated on the Website. The Customer will be informed via email as soon as possible as the product is available in stock.
In the unlikely event that the ordered products are not in stock, but still available to be ordered on the Website, the Customer will be informed via email as soon as possible. The Customer will then have the choice to be refunded or to place a back order for the product. The Customer will be refunded for the sums already paid within thirty (30) working days of the date from which the Customer was informed by email. The payment will be made in the same way as paid by the Customer.
4. ORDERING PROCESS
When using the Website store the Customer’s order is validated as described below. This validation implies the acceptance of general conditions of sale. Each order will be taken into consideration only after acceptance of the payment.
The ordering process includes the following steps:
• The Customer shall select the products and choose the desired quantity
• Follow the instructions by completing the required information including email and address details.
• Select a delivery method
• Choose a payment method
• Ensure that all of the information is complete and verify the details.
• Correct any errors before the confirmation of your order.
This payment is made directly on the online payment platform. Credit card payments on the Website are totally secure and guaranteed by Braintree.
Après validation du mode de paiement par le client, la commande sera finalisée et validée définitivement et irrévocablement comme preuve d’un contrat de vente entre le Client et ATELIER DES ORS.
Full payment must be made at the time of ordering by the Customer. At no time may the sums paid be considered as a deposit or installments. All orders are payable in euros.
Online credits or codes are issued exclusively by ATELIER DES ORS and can only be used on its Website. The codes will be valid for the period stated at the distribution of the specific code.
Payment is made in any of the following ways.
• By credit card. The credit cards accepted on the Website are: Visa, Mastercard, American Express.
• Par Paypal.
The Customer guarantees to ATELIER DES ORS that by registering the order that they have the necessary authorisations to use the chosen payment method.
ATELIER DES ORS reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Customer or in the event of a payment incident.
ATELIER DES ORS reserves the right to request a photocopy of the Customer’s official identification for any payment by credit card.
As part of the fight against Internet fraud, information relating to your order may be transmitted to third parties for verification. The payment details of your credit card are protected and encrypted by our service provider.
5.1 Payment Security
Atelier Des Ors checks all orders that have been validated on their site in order to protect the company from abusive and fraudulent practices.
Your payment is protected with 3D Security by providing an additional layer of authentication so that during the checkout process, the issuing bank will determine if the cardholder’s identity is verified, or whether an additional authentication process is necessary. If this is the case, a process will be enacted whereby the issuing bank certifies the cardholder’s identity via SMS one-time passcode or other means.
6. DELIVERY AND RECEPTION
The products will be delivered to the address indicated by the Customer on the order form.
The invoice for an order can be downloaded and printed from the confirmation email that the Customer receives. The billing address shown on the invoice will be the one chosen by the Customer.
Failure to comply with the procedures set out below shall result in no claim being made by the Customer.
6.1 Delivery method
The products (except Discovery Set) are delivered as follow:
France: Colissimo standard with signature and may take up to 5 business days
Europe: Colissimo standard with signature and may take up to 10 business days
Rest of the world: Colissimo standard with signature is generally used and may take up to 30 business days. We also use DHL when the standard delivery services are not possible. If DHL is used, a faster delivery service can be expected.
Please note that business days do not include Saturdays, Sundays and public holidays. According to Article L.121-20-3 of the French Consumer Code the Customer will receive the order within a maximum of thirty (30) days.
Discovery Set will be delivered tracked letter, and may take up to:
France and European Union: up to 10 days
Rest of the world: up to 30 days.
Standard delivery is offered for all orders.
The product will not be delivered to hotels or PO boxes. Delivery times are indicative only. ATELIER DES ORS makes every effort to adhere to the order within the time frame indicated.
ATELIER DES ORS will inform the Customer of the progress of the order by email and the Customer’s account during the preparation of the shipment. Once the product has been shipped, ATELIER DES ORS will send a tracking number to the Customer so they can track the order from departure to arrival on the delivery carrier’s website. This information will also be updated on the Customer’s account.
In the event of absence, the purchaser or the addressee of the ordered products receives a delivery notice, from which to contact the delivery service to arrange for collection. It is the responsibility of the Customer to check this with the delivery service. Since delivery is handled by a third-party service provider, ATELIER DES ORS informs the Customer that it cannot be held liable in any way if the non-execution or faulty execution if this obligation is attributable to the Customer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.
There can be no dispute relating to the delivery if the package appears to have been delivered, as the carrier’s computer system is definitive.
6.2 Import Duties and Taxes
For all deliveries outside of the French territory, any taxes, duties which might incur during the importation process are the entire responsibility of the Customer. These costs will be borne in full by the Customer. These declarations and payments will not be the responsibility of ATELIER DES ORS.
In addition, it is the full responsibility of the Customer to make the necessary declaration upon importation of the products.
6.3 Delivery Delays
The delivery times will vary according to the delivery address worldwide. Products can expect to be shipped between 2 – 15 business days from dispatch. Business days do not include Saturdays, Sundays and public holidays. According to Article L.121-20-3 of the French Consumer Code the Customer will receive the order within a maximum of thirty (30) days, following the date of the full payment of the order. If the delivery has not been made within this maximum period, and the delay not being due to a case of force majeure, the Customer will have the possibility to cancel the order by registered letter with acknowledgement of receipt sent to the following address:
ATELIER DES ORS
37 Rue d’Antibes
ATELIER DES ORS will then proceed to an investigation with the delivery service involved prior to the refund of the undelivered ordered products.
The Customer may exercise the right to cancel their order for non-delivery within the contractual period, within a maximum period of sixty working days. This date is taken from the latest date indicated for the delivery of the products. If delivery has not taken place between the sending and receipt of the Customer’s registered letter, the order will be considered cancelled.
The totality of the sums paid by the Customer will be reimbursed if the entire order is returned, or if the investigation with the carrier concludes that the products ordered by the Customer have been lost. The sums paid will then be returned in the form of a credit note or refund, at the Customer’s request, as soon as possible and at the latest within thirty days following the date on which the Customer has exercised their right to obtain the cancellation of the order.
It is then the responsibility of the Customer to send back the product to ATELIER DES ORS following the return process, should it be delivered after the cancellation process has occurred and money being refunded. ATELIER DES ORS will consider, should the product not be returned that the Customer wishes to make the purchase of the product. A link to debit the method of payment will be sent to the Customer to facilitate the transaction. Shall it not be completed, ATELIER DES ORS will take all necessary legal action to enforce the payment.
7. DELIVERY PROBLEMS DUE TO THE TRANSPORTER
Any issue concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…) must be indicated in handwriting on the delivery note, accompanied by the customer’s signature.
The customer must also at the same time notify the carrier of this issue by sending a registered letter with acknowledgement of receipt and a statement of the complaints within two working days following the delivery date. The Customer must also go to the ATELIER DES ORS website, to the ‘Returns’ page and submit their details with a description of the delivery issue.
Note that if there is damage to the package that is visible to the Customer upon delivery, the Customer should not accept the delivery and should follow the same procedure as stated in the above paragraph, contacting both the delivery service and ATELIER DES ORS via the Returns page on the Website.
In the case of a partial delivery, the delivery may be made in several stages, and this right will concern only the undelivered balance of the order. The Customer should notify ATELIER DES ORS of any delay in delivery as soon as possible via the Returns page of the Website, so that ATELIER DES ORS can commence investigations with the delivery services. We are bound to inform the Customer that the time to complete an investigation is variable, since ATELIER DES ORS has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated on the delivery slip. Nonetheless, if at the conclusion of this investigation, it is confirmed that the package containing the Product(s) has been lost, ATELIER DES ORS at its own cost and expense, will re-send the Product(s) to the Customer or, if the Product(s) is (are) permanently out of stock, will reimburse the Customer, to the credit card / bank account that was debited at order time, the amounts deducted, according to the procedures of these General Terms and Conditions of Sale.
8. PRODUCT RETURN, REFUND and RIGHT OF WITHDRAWL
In accordance with Article L. 121-20 of the French Consumer Code, the Customer has a period of fourteen days from the date of receipt to return the ordered products for refund without having to justify reasons for doing so.
Our “Discovery Set” of samples or products that have been personalized at the Customer’s request e.g. engravings or bespoke creations with gold gilding shall be exempt from returns.
The products must be returned to ATELIER DES ORS, in perfect condition, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed return form in accordance with the procedure described below within 14 working days.
Please note that it is also the responsibility of the customer to ensure the fragrance can be returned with a shipper that has a dangerous goods certification.
Any risk related to the return of the product is the responsibility of the Customer. In the absence of compliance with the procedure set out above and the deadlines indicated, the Customer may not make any claim for non-conformity or defect of the delivered products, the products being then deemed to be in conformity and free of any defect.
The refund will be made using the same credit card used by the Customer for the original transaction within a maximum of thirty (30) days, as long as the above conditions are complied with.
To return an item, simply follow the instructions below:
• Log on to the Returns Page on the website – enter your name, email, order number and the product you wish to return.
• We will then email you a delivery note to print and include in your return package.
• Use the original packaging to return the product(s) if possible.
• Please note that you, the customer is responsible for paying the postage. We also advise that insurance should also be taken as if the product is not received, we will not be able to take responsibility as the customer remains responsible for any risk associated with the return of the product(s).
• Send your package to: the address on the Delivery Note.
Please note that any risk related to the return of the product is the responsibility of you, the customer. In the absence of compliance with the procedure set out above and the deadlines indicated, you, the Customer may not make any claim for non-conformity or defect of the delivered products, the products being then deemed to be in conformity and free of any defect.
8.2 Error / nonconformity
Furthermore, if there is any claim of error and/or non-conformity of the products in kind or in quality the Customer must submit to ATELIER DES ORS via the Returns Page on the Website, on the same day of delivery or at the latest on the first working day following delivery, any claim of error.
ATELIER DES ORS will then tell the Consumer what steps to take. The Product(s) must without fail be returned in their original packaging with a copy of the delivery note. The Customer remains responsible for any risk associated with the return of the Product(s). On receipt of the allegedly non-compliant Product(s), ATELIER DES ORS will perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, ATELIER DES ORS will then reimburse the Customer to the credit card that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).
9. PRODUCT WARRANTY
ATELIER DES ORS in its capacity as a professional seller, guarantees that the products are in conformity with the use expected of them, and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use. In the event that product(s) are not in conformity with the information given in the presentation of the product(s) on the Website and in accordance with Article L.211-5 of the French Consumer Code, or if the Products present hidden defects as specified in Article 1641 of the French Civil Code, their cost will be reimbursed to the Customer.
ATELIER DES ORS undertakes to reimburse the Customer within a maximum of thirty (30) days, as long as the above conditions are complied with. The Product(s) is (are) subject to the guarantee conditions as specified by law: “Article L.211-4 of the French Consumer Code: The seller is required to deliver a good that is in conformity, and is responsible for any defects in conformity that exist when it is delivered. The seller is also responsible for defects in conformity that result from packaging, and from set-up or installation instructions when such conformity was covered by the contract or was performed under its responsibility.”
“Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must: (1) be suitable for the use ordinarily expected of a similar good and, if relevant: – correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model; – present the qualities that a buyer could legitimately expect, given the public statements made by the seller, by the producer or by its representative, particularly in advertising or on the packaging; (2) Or present the features defined jointly by the parties or be suitable to any special use sought by the buyer, of which the seller was advised and to which the seller agreed.”
According to Article L211-9 of the French Consumer Code, if there is a lack of conformity, the buyer can choose between repairing or replacing the goods.
However, if the buyer’s choice incurs a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect, ATELIER DES ORS may not proceed according to the buyer’s choice. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
Pursuant to Article L211-10 of the French Consumer Code, if the replacement and repair of the products are impossible, the buyer may return the products and receive a refund of the price or keep the products and receive part of the price.
The same faculty is open to the Customer if the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month following the Customer’s complaint, or if this solution cannot be implemented without major inconvenience for the Customer, given the nature of the goods and the use the Customer is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
“Article L211-11 of the Consumer Code : The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the Buyer.”
“Article L.211-12 of the Consumer Code: The legal action resulting from lack of conformity has a term of limitation of two years as of delivery of the good.”
“Article 1641 of the Civil Code: The seller is bound by the guarantee due to hidden defects of the item sold that render it unsuitable for the use for which it is intended, or that reduce such use to such an extent that the buyer would not have bought it, or would only have paid a lesser price, if s/he had been aware of them.”
“Article 1648 (1) of the Civil Code: Any legal action resulting from latent defects must be brought by the purchaser within two (2) years as of discovery of the defect.”
10. RESERVATION OF OWNERSHIP
ATELIER DES ORS retains full and complete ownership of the products sold until full payment of the price, in principal, with fees and taxes included.
ATELIER DES ORS cannot be held responsible for the non-performance of the contract in the event of stock shortage or of the product due to force majeure, disruption, or total or partial strike, in particular of carrier services and transportation and / or communications. ATELIER DES ORS cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products.
All products offered on the Website conform to current French and European law and to the norms applicable in France and Europe. ATELIER DES ORS is in no way responsible for any case of non-respect of laws of the country to which a product is delivered (for example in the case of a product being forbidden). It is your responsibility to verify with your local authorities the possible implications of importation and use of which you intend to order.
ATELIER DES ORS cannot be held responsible for any loss of data files. It is the Customer’s responsibility to make all necessary backups.
The ATELIER DES ORS Website also contains information from third parties, and links to other websites. ATELIER DES ORS shall in no event be liable for any damages resulting from the use of, access to, or inability to use such third-party information, or the content of other websites.
While taking the greatest care to put information and data online, ATELIER DES ORS cannot be held responsible for any inaccuracies, errors or omissions that may have appeared in the product description provided by the manufacturers.
ATELIER DES ORS cannot be held responsible for typographical errors on the site. Similarly, the photographs and graphics of the products in the site’s catalogue in support of the text, are indicative only and do not fall within the scope of the contract. The photos and graphics therefore do not bind ATELIER DES ORS for any inaccuracies or errors that may be introduced.
12. INTELLECTUAL PROPERTY
ATELIER DES ORS retains the intellectual property rights on the site related to including the logos, symbols, bottles, packaging, photographs and videos appearing on the Website and / or on the products. There shall be no reproduction, copying, distribution, modification or use, in whole or in part of any of these elements without the consent of ATELIER DES ORS.
This also applies to any combination or in conjunction with any other brand, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of ATELIER DES or for which ATELIER DES ORS holds the rights.
13. FORCE MAJEURE
The performance of ATELIER DES ORS of its obligations under these Terms and Conditions shall be suspended in the case of Force Majeure. In addition to those usually retained by the law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: blocking means of transport or supply, earthquakes, fires, storms, floods, lightning; stopping telecommunications networks or difficulties specific to telecommunications networks external to customers.
ATELIER DES ORS will not be liable for any damages, direct or indirect that are related to such events that are deemed beyond its control. If the suspension of the performance of ATELIER DES ORS’ obligations continue for more than ninety (90) days, the Customer has the right to terminate the order and ATELIER DES ORS will refund the order.
14. PARTIAL INVALIDITY
If one or more provisions of these general Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general Terms and Conditions of Sale cannot be interpreted in the future as a waiver of the obligation in question.
16. APPLICABLE LAW AND LEGAL JURISDICTION
Sales of ATELIER DES ORS products are subject to French law. Any dispute relating to the interpretation, performance or termination of the contract concluded between ATELIER DES ORS and the Customer, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of France.
The Customer is also advised, pursuant to Article 14 of Regulation (EU) Nr. 524/2013, that the European Commission has set up a Dispute Resolution Platform online, where the independent settlement of disputes for extrajudicial action between Customers and professionals in the European Union: https://webgate.ec.europa.eu/odr/
If disputes cannot be resolved by agreement, they will be referred to the French courts.
ATELIER DES ORS may collect personal data when managing your order on the Website. This data includes contact details, address, email and phone numbers. This data may be transmitted to companies that contribute to the relations, particularly around payment and delivery. Data are not transferred outside of the European Union. ATELIER DES ORS acts as the data controller, under the “General Data Protection Regulation” or GDPR, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the projection of natural persons with regard to the processing of personal data and the free movement of such data.
ATELIER DES ORS reserves the right to install cookies on the computers of visitors to its Website. A cookie does not allow us to identify an individual. In general, it records information about an individual’s computer browsing on our site (the pages visited, the date and time of the visit, etc.) that we can read on the customer’s subsequent visits. In this case, it contains the information that the customer has provided us. ATELIER DES ORS commits to only using Customers’ confidential information as part of the operation of its Website.
Personal data will be not be sold under any circumstances.
According to the French Data Protection law (known as “Informatique et Libertés”) of January 6, 1978, amended by Law nr. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, customers have the right to access, rectification and erasure of personal data. For this purpose, the customer can simply write to us at ATELIER DES ORS, 37 Rue d’Antibes, 06400 Cannes, France.
Please include: first name, surname, email and mailing address. ATELIER DES ORS will reply to the Customer’s questions within a reasonable time frame.
The Customer is also entitled to file a complaint with the French National Commission for Information Technology and Civil Liberties), on its website (www.cnil.fr).
Depending on the choices that were made by the customer when creating or viewing their account, the customer may receive offers and invitations from ATELIER DES ORS. If the customer no longer wishes to receive them, they may at any time request to unsubscribe on the Website or by sending a request on the Contact page of the Website.
ATELIER DES ORS will retain and use customer information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.