GENERAL TERMS AND CONDITIONS OF SALE
Article 1- Purpose
This agreement sets out the terms and conditions under which the seller ("SUBLIME ATELIER"; contact information and complete references provided in Article 2 below) shall sell and deliver products ordered by a consumer, and defines the rights and obligations of both parties during the sale of products by SUBLIME ATELIER to the consumer (the "Buyer"). These terms and conditions apply, without limitation or qualification, to all sales of products offered by SUBLIME ATELIER on its website www.parfums-frapin.com (the "Website").
SUBLIME ATELIER manufactures and owns perfumes sold under the brand "P. FRAPIN & Cie" ("FRAPIN PERFUMES").
By ordering a product sold by SUBLIME ATELIER on the FRAPIN PERFUMES Website, the Buyer acknowledges having read and fully accepted these terms and conditions of sale.
Products shall be available for sale and delivery in metropolitan France (including Corsica), Europe and the rest of the world.
For the purposes of these terms and conditions, the Buyer and SUBLIME ATELIER shall be individually and collectively referred to as the Party or Parties.
The Buyer acknowledges, prior to placing an order, that:
- products purchased from SUBLIME ATELIER over its FRAPIN PERFUMES Website are for personal use only and shall not be used in direct connection with any professional activity; and
- the Buyer has the legal standing necessary to agree to these terms and conditions.
SUBLIME ATELIER shall only sell products advertised on its Website to final, retail customers. Any order that is not clearly a retail sale and, more generally, any fraudulent order or order deemed to be fraudulent shall be considered void and canceled.
SUBLIME ATELIER reserves the right to modify these terms and conditions at any time. The terms and conditions applicable to any order placed by a Buyer on the FRAPIN PERFUMES Website shall be those accepted by the Buyer when confirming the order.
These terms and conditions shall apply in addition to the conditions of use of the www.parfuns-frapin.com Website applicable to the Buyer and available under "Legal information" on the Website.
Article 2- Company
Name: SUBLIME ATELIER SARL
Address: 5 rue du Commandant Lamy
Zip code: 75011
Corporate form: French limited liability company (SARL)
Registered at the trade register of Paris under number 499204808
Article 3- Contract and Orders
The price of any product sold online at the FRAPIN PERFUMES Website, stated in euros, shall be the price in effect at the time the purchase is confirmed by the Buyer. SUBLIME ATELIER may change the price of a product at any time. Any change in price shall be made known to the Buyer before the purchase is completed.
Shipping fees shall be indicated before the Buyer confirms the purchase.
Prices include the French value added tax (VAT) applicable at the time of purchase. Any change to this rate shall automatically be reflected in the price of products sold by SUBLIME ATELIER on its Website.
3.2 Product Information
In accordance with Article L. 111-1 of the French Consumer Code, prior to confirming an order the Buyer may view the essential characteristics of the products in question on the FRAPIN PERFUMES Website.
The Buyer may order one or more products from the different categories available on the FRAPIN PERFUMES Website.
SUBLIME ATELIER's offers of FRAPIN PERFUMES products shall be valid while supplies last.
SUBLIME ATELIER may modify the products available on its Website, without prejudice to any orders placed by the Buyer.
By placing an order the Buyer agrees to these terms and conditions, without prejudice to any special conditions of contract agreed between the Parties.
The Buyer may check the details of the order and correct any errors. Once the Buyer has confirmed an order by clicking "Confirm", the Buyer shall be deemed to have knowingly accepted these terms and conditions, and the volume and quantity of products available for sale and ordered by the Buyer.
Receipt of an order placed by the Buyer must be confirmed by SUBLIME ATELIER. No sale shall be considered completed until SUBLIME ATELIER has sent this confirmation of receipt to the Buyer and collected full payment for the order.
Furthermore, SUBLIME ATELIER recommends the Buyer read the ownership clause set out in Article 8 below.
SUBLIME ATELIER recommends the Buyer retain a printed or electronic copy of the information provided in the confirmation of receipt sent by SUBLIME ATELIER.
Article 4 - Payment
Payment shall be made at the time the Buyer places the order online. At no time may any payment be considered a deposit or installment.
All orders shall be paid in euros. All mandatory taxes and dues are included.
Payment shall be made by bank or credit card. The following cards are accepted on the FRAPIN PERFUMES Website: Carte Bleue, Visa and MasterCard.
Gift certificates purchased or otherwise obtained in stores are not accepted on the FRAPIN PERFUMES Website.
By placing an order the Buyer confirms being fully authorized to use the payment card in question.
SUBLIME ATELIER reserves the right to suspend or cancel any order and/or shipment, irrespective of its nature or status, in the event of failure to pay or partial payment of amounts owed, a problem with payment or fraud or attempted fraud related to use of the FRAPIN PERFUMES Website.
Penalties equal to the legal interest rate plus five (5) percentage points shall be automatically applied to amounts that remain unpaid ten (10) days after the payment date or upon notice of refused payment. Shipment of any subsequent order may be suspended in the case of late payment or partial payment for any previous order, notwithstanding the provisions of these terms and conditions.
SUBLIME ATELIER reserves the right to request a photocopy of the Buyer's ID and/or, as appropriate, bank or credit card (front only) for any payment by bank or credit card.
To prevent internet fraud, all information related to an order may be transmitted to any third-party authorized by the law or designated by SUBLIME ATELIER for the sole purpose of verifying the Buyer's identity, validity of the order, means of payment and proposed delivery.
To ensure secure payment by bank or credit card, the Buyer must communicate the card verification value (CVV) on the back of the card to the online payment company designated by SUBLIME ATELIER.
SUBLIME ATELIER uses a secure payment tool to ensure all data submitted are encrypted by software and that they cannot be accessed by a third party during transmission over the network. Payment security relies on Buyer authentication and the confidentiality of all data. To guarantee this security, the secure payment tool uses proven cryptography technology and meets all banking regulations applicable in France.
Article 5- Delivery and Receipt
5.1 Conditions of Delivery
1.1 General Terms
Products purchased by the Buyer shall be delivered to the delivery address provided by the Buyer.
Bills shall automatically be emailed to the address provided by the Buyer when signing up to the FRAPIN PERFUMES Website.
Any claims shall be made by the buyer in accordance with the conditions below, failing which such claims shall be refused.
1.2 Delivery by "Colissimo Suivi" (excluding purchase of samples)
The Buyer or receiver of the products ordered shall sign a distribution slip or acknowledgment of receipt upon delivery. If the Buyer or receiver of the products is absent, a notice of attempted delivery shall be delivered that can be presented at the nearest post office, indicated on the notice, within fifteen days to retrieve the parcel.
We recommend that the Buyer or receiver of the products ordered verify the condition of the products upon delivery.
If any visible defect (e.g. faulty or missing product, damaged or broken package or product) is noticed upon delivery in the presence of the postal worker the Buyer or receiver of the products shall follow the Colissimo service procedures specified by La Poste. In particular this means reporting all damage and omissions observed, making all claims and complaints and refusing delivery by immediately completing a bad order report obtained from the postal worker (La Poste report 170).
The Buyer or receiver of the products has three (3) clear days from reception of the products to notify the transporter, by registered mail with a form for acknowledgment of receipt, of any problem concerning the condition or content of the parcel delivered. The Buyer or receiver of the products should also report the problem to SUBLIME ATELIER by immediately sending an email to FRAPIN PERFUMES' customer service at firstname.lastname@example.org
5.2 Delivery Time
Any order confirmed as received on the FRAPIN PERFUMES Website before 1:00 p.m. Monday through Friday (except public holidays) shall be filled the same day, subject to product availability.
Once receipt of an order has been confirmed by SUBLIME ATELIER, delivery time in France is:
- La Poste's Colissimo Suivi: up to five (5) business days
Should this deadline be exceeded by more than seven (7) days for a reason other than force majeure, the Buyer may cancel the order by registered mail with a form for acknowledgment of receipt addressed to SUBLIME ATELIER - Service annulation – 5 rue du Commandant Lamy, 75011 Paris, or by email to email@example.com. SUBLIME ATELIER shall then carry out a formal inquiry on the transporter in question before reimbursing the undelivered products.
The Buyer may cancel the order for non-delivery within the contractual time frame up to a maximum of sixty (60) working days after the deadline for delivery of the products. If the entire order is returned, the full amount paid shall be reimbursed to the Buyer as either credit or a refund, to be decided by the Buyer, as quickly as possible and no later than thirty (30) days from the date on which the Buyer canceled the order.
Article 6- Withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, the Buyer has seven (7) clear days from the date the order was received either by himself or by the receiver of the order in which to return the entire order at the Buyer’s expense either in exchange for other products or to obtain credit or a refund equal to the purchase price of the order, to be decided by the Buyer.
Products shall be returned to SUBLIME ATELIER as per one of the procedures described in Article 7 below.
Article 7 - Return of Products
The Buyer may return delivered products to SUBLIME ATELIER under the conditions stipulated below by following the instructions below. Products must be returned to SUBLIME ATELIER in perfect condition for resale or in their original condition (e.g. packaging, accessories, insert).
7.1 Return by Parcel or Mail
SUBLIME ATELIER shall accept the return, by parcel or mail, of any article purchased on www.parfums-frapin.com if it is returned to SUBLIME ATELIER within one (1) month of the date on which it was received by the Buyer.
The Buyer shall be responsible for all shipping costs except in the event that products delivered do not correspond to those ordered.
If products are exchanged, the Buyer shall be responsible for shipping costs related to delivery of the new products.
Products shall be returned:
1. In their original packaging.
2. By registered mail with a form for acknowledgment of receipt to:
Attention: Service Retours E-Store
5 rue du Commandant Lamy
SUBLIME ATELIER does not accept collect shipments. The Buyer shall assume all risks related to return of the products.
Article 8 - Ownership
SUBLIME ATELIER shall retain full and complete ownership of products sold until full payment, including product price, charges and mandatory taxes and dues, has been collected.
Article 9 - Liability
SUBLIME ATELIER cannot be held responsible for any indirect damage that may occur due to purchase of the products. Furthermore, SUBLIME ATELIER cannot be held responsible under these terms and conditions in the event of any force majeure as defined by French courts.
Article 10 - Severability
If any provisions of these terms and conditions is held to be invalid or declared as such in application of a law or regulation or under a final ruling passed by a competent authority, it shall not affect the validity of any other provision, which shall remain in full force and effect
Article 11 - Non-Waiver
Failure by one Party to require performance of any provision of these terms and conditions by the other Party shall not constitute a waiver of the provision itself at any time thereafter.
Article 12 - Governing Law and Jurisdiction
The sale of products by SUBLIME ATELIER is governed by French law. The original Conditions générales de vente is therefore the only legally-binding version of these terms and conditions; this translation is provided for information purposes only. Any dispute related to the existence, interpretation, performance or termination of the contract established between SUBLIME ATELIER and the Buyer, cases involving more than one defendant notwithstanding, shall, in the event that an amicable resolution cannot be reached, be brought before the courts of Paris, which have exclusive jurisdiction over these terms and conditions.
Article 13 - Personal Data ("Informatique et Libertés")
Personal data submitted by the Buyer when placing an order are used by SUBLIME ATELIER and its service providers to process the order. They may be used, subject to rights exercised by the person concerned, to notify that person about products and services available from SUBLIME ATELIER and/or its commercial partners.
In accordance with amended French law no. 78-17 of January 6, 1978 on data protection (the "Informatique et Libertés" act), the Buyer and receiver of an order may access, correct or delete any personal data about them processed by SUBLIME ATELIER, and object to these data being used for direct marketing purposes. These rights may be exercised by contacting SUBLIME ATELIER by mail addressed to Service Clients de SUBLIME ATELIER - 5 rue du Commandant Lamy 75011 Paris, by email to firstname.lastname@example.org or by using the contact link on the FRAPIN PERFUMES Website.
After completing a purchase on the Website, the Buyer may also be informed of SUBLIME ATELIER offers by email unless the Buyer opposes such notification. Three types of email may be sent:
- special events.
- personalized offers.
Should the Buyer no longer wish to receive this information the Buyer may contact SUBLIME ATELIER at any time by mail addressed to Service Clients de SUBLIME ATELIER - 5 rue du Commandant Lamy 75011 Paris, by email to email@example.com or using the contact link on the FRAPIN PERFUMES Website.