Any online purchase made on the website www.chamboule-tout-parfum.com is subject to the prior reading of these General Terms of Use and Sale and implies their unreserved acceptance.
DÉFINITIONS
Item: This term refers to the products developed and marketed by PARFUMS D'ENFANCE.
Customer: a natural person acting for non-commercial purposes and having full legal capacity, who places the Order.
Order: the Customer's commitment to purchase the Item or all of the Items selected via the Site.
Site: the website published by SASU PARFUMS D'ENFANCE at www.chamboule-tout-parfum.com.
PURPOSE
These General Terms of Use and Sale, hereinafter the "GTUS", apply exclusively, without reservation or restriction, to any Order placed between any Customer and PARFUMS D'ENFANCE, a company whose registered office is located at 160, route de Cannes, 06130 GRASSE, France, registered with the GRASSE Trade and Companies Register under number 931 610 364, hereinafter "PARFUMS D'ENFANCE".
ITEM CHARACTERISTICS
The Items available for sale are those displayed on the Site, while stocks last. Offers are valid for as long as they are visible on the Site and the Customer is able to add the Item to their basket. PARFUMS D'ENFANCE reserves the right to withdraw any Item displayed on the Site from sale, at any time and without notice, and/or to replace or modify any information relating to the Items displayed on the Site. Should an Item become unavailable after the Customer has placed their Order, the Customer will be informed by e-mail and the Order will be automatically cancelled. The characteristics of the Items (photographs, graphics, product descriptions, etc.) are given for information purposes only and may vary over time. Only the visual of the Item displayed at the time of the Order should be taken into account by the Customer. Characteristics and visuals are not contractually binding. In the event of errors or omissions in the description of an Item, the liability of PARFUMS D'ENFANCE is limited to reimbursing the standard return shipping costs (La Poste rate) incurred by the Customer for the Item.
ORDERING ITEMS
The Customer declares that they are at least 18 years of age and have full legal capacity or, if they are a minor, that they hold parental consent to place their Order. To place an Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order. The Order is confirmed once the Customer has made payment. PARFUMS D'ENFANCE will send the Customer an invoice by e-mail to the address provided when placing the Order. The Customer is advised to save or print their invoice and keep it. In the event of a payment issue (refusal by the bank, expired card, incorrect details, etc.), the Order will be automatically cancelled and the Customer will be notified immediately by e-mail. PARFUMS D'ENFANCE undertakes to fulfil confirmed Orders, while stocks last. Should one or more Items become unavailable after the Order has been placed, the Customer will be notified by e-mail. The Customer may then choose to be refunded for the unavailable Items or to receive them once they are back in stock (unless they have been permanently withdrawn from the catalogue). PARFUMS D'ENFANCE cannot be held liable for the unavailability of an Item. PARFUMS D'ENFANCE may modify the range of Items offered for sale on the Site at any time, without prejudice to Orders already placed by the Customer.
ITEM PRICES
The prices of the Items do not include delivery charges (postage, packaging and parcel preparation, according to the rates in force). The amount of the shipping costs is specified on the Site before the Order is confirmed. PARFUMS D'ENFANCE reserves the right to change the prices of the Items at any time, the Items being invoiced on the basis of the prices in force at the time each Order is confirmed. The price invoiced for the Items is therefore the price shown at the time of the Order. For sales outside the European Union, it is expressly stated that customs clearance fees, as well as any duties and taxes, are payable by the Customer.
PAYMENT FOR THE ORDER
The Order is payable immediately by bank card (CB, Visa, Mastercard, American Express) or by PayPal. For sales outside the European Union, it is reiterated that customs clearance fees, as well as any duties and taxes, are payable by the Customer. Transactions carried out on the Site are secured for the entry of payment details: card number, expiry date and security code (CVV).
DELIVERY TERMS
The Customer will receive an Order number by e-mail confirming that their Order has been received, and will be kept informed by e-mail of the various stages of their Order (at the e-mail address they provided). The Items ordered will be delivered within the timeframe specified when the Order is finalised, which may not exceed thirty days from the date the Order is registered, subject to full payment of the price. Several delivery methods are offered to the Customer, who chooses the one that suits them; delivery charges are payable by the Customer. It is the Customer's responsibility to provide any details necessary for the delivery of their Order (an access code, for example). If the delivery address provided by the Customer is invalid and the parcel is returned as undeliverable, the cost of re-sending the parcel to the new address provided will be payable by the Customer.
DELIVERY TIMES
The Items are delivered to the delivery address provided by the Customer when placing the Order, no later than the date indicated at the time of the Order, depending on the country of delivery. Each delivery is deemed to have been made as soon as the parcel is made available to the Customer, in particular by the carrier, as evidenced by the carrier's tracking system. PARFUMS D'ENFANCE cannot be held liable for any delay in delivery caused by the Customer's unavailability after the carrier has offered several delivery appointments.
RETURNS – RIGHT OF WITHDRAWAL
If an Item delivered does not correspond to the Customer's Order, the Customer may return the said Item to PARFUMS D'ENFANCE by following the procedure set out below. The Customer has the right to withdraw from their Order within 14 calendar days of the date on which they received the Items, without having to give any reason or pay any penalty. After this period, the sale is deemed firm and final. If the Customer wishes to exercise their right of withdrawal, they must contact customer service at contact@chamboule-tout-parfum.com and follow the instructions provided. No return will be accepted unless customer service has been contacted beforehand and a return authorisation has been given. Once the return has been accepted by PARFUMS D'ENFANCE, the Customer must send the Item(s) within seven calendar days of the date of acceptance. The Item must be returned to PARFUMS D'ENFANCE by the Customer in its original condition, presentation and packaging, new and complete, using a delivery method that ensures its protection and keeps it in perfect condition. Items returned incomplete, damaged, used or soiled by the Customer will not be accepted. PARFUMS D'ENFANCE reserves the right to exclude the Customer's right of withdrawal for Items returned unsealed, for reasons of hygiene and safety. Items are returned at the Customer's expense and risk. Once the returned Items have been checked, PARFUMS D'ENFANCE undertakes to refund the Customer for their Order, excluding delivery charges, as soon as possible and no later than thirty (30) days from the date of receipt of the returned parcel.
GARANTIES
In accordance with the applicable legal provisions, the Items sold on the Site are covered by the statutory warranties, namely the legal guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
AGREEMENT ON EVIDENCE
The Customer acknowledges and agrees that the Order recording systems shall constitute proof of all transactions carried out between PARFUMS D'ENFANCE and the Customer.
COMPLAINTS – INFORMATION
Any complaint or request for information must be sent to customer service by e-mail at the following address: contact@chamboule-tout-parfum.com.
LIABILITY
PARFUMS D'ENFANCE reserves the right to modify the information on the Site at any time and without notice. PARFUMS D'ENFANCE undertakes to describe the Items sold on the Site as accurately as possible and to keep the information published on it up to date under the best possible conditions. However, PARFUMS D'ENFANCE cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. PARFUMS D'ENFANCE cannot be held liable for any minor differences between the photographs, texts and illustrations presenting the Items on the Site and the Items ordered. PARFUMS D'ENFANCE cannot be held liable for any failure to perform any of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined in Article 1218 of the French Civil Code. In particular, PARFUMS D'ENFANCE cannot be held liable for any failure or delay in fulfilling Orders caused by events beyond its control ("Force Majeure"). Likewise, PARFUMS D'ENFANCE cannot be held liable for any damage, whether material, non-material or physical, that may result from misuse of the Items sold.
INTELLECTUAL PROPERTY AND COPYRIGHT
PARFUMS D'ENFANCE is the owner of the domain name chamboule-tout-parfum.com. The Site as a whole, as well as its components (in particular texts, site structure, software, animations, photographs, illustrations, diagrams, graphic representations, logos, etc.), are works protected by Articles L.111-1 et seq. of the French Intellectual Property Code. The Site and its components are the exclusive property of PARFUMS D'ENFANCE, which alone is entitled to exercise the related intellectual property rights and personality rights, in particular trademarks, designs, copyright and image rights, whether as original owner or under licence or express authorisation. Any use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than the user's personal, private and non-commercial use, is strictly prohibited. Any breach of these provisions renders the offender liable to the penalties provided for both by the French Intellectual Property Code, in particular for copyright infringement, and by the French Criminal Code.
COOKIES
The Customer is informed, when connecting to the Site, that it uses cookies, which record information about the browsing activity of their device on the Site. Apart from cookies that are strictly necessary for the Site to function, these cookies are only placed after the Customer has given their express consent, obtained via the banner displayed on their first visit. The Customer may refuse these cookies or withdraw their consent at any time, in particular by adjusting their browser settings, bearing in mind that access to certain services may require
bearing in mind that access to certain services may require the Customer's prior acceptance of certain cookies.
AMENDMENTS TO THE GTUS
PARFUMS D'ENFANCE reserves the right to amend these GTUS at any time. Where applicable, the new GTUS will be brought to the Customer's attention by being published on the Site and will apply only to sales made after their amendment.
GOVERNING LAW
These GTUS are governed by French law. In the event of a dispute, the Customer and PARFUMS D'ENFANCE will first seek an amicable solution. The Customer may also refer the matter, free of charge, to the consumer mediator to which PARFUMS D'ENFANCE belongs. Failing an amicable agreement, the dispute will be brought before the competent courts under the conditions provided for by law. This choice of law does not deprive the Customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.
PARTIAL INVALIDITY
Should one or more provisions of these GTUS be declared invalid pursuant to a law or regulation or following a final court decision, the remaining provisions shall retain their full force and effect.
NO WAIVER
No silence, delay, tolerance or inaction on the part of PARFUMS D'ENFANCE shall be construed as a waiver of any of its rights under the GTUS.