1. Seller’s Identification
These General Terms and Conditions of Sale are those of 3EME DEGRE, a French société par actions simplifiée (SAS) with a stated capital of EUR 48 000, having its registered office at 117 rue de Nexon 87000 Limoges– France, registered with the Limoges Trade and Companies Registry under number 352 954 093. Its SIRET number is 352 954 093 00048 and its EU VAT number is FR 09 352 954 093. Its phone number is as follows: + 33 (0) 5 55 37 25 25.
Les Parfumables is a registred trademark of SAS 3EME DEGRE manufacturer in Limoges-France.
2. Scope of Application and Acceptance of the General Terms and Conditions of Sale
The purchase of any Products offered on the www.lesparfumables.com website (hereafter known as the “Site”) is subject to these terms and conditions of sale for the Site (“Terms and Conditions of Sale”).
The Site offers a selected range of Les Parfumables Products to be ordered online to SAS 3EME DEGRE.
SAS 3EME DEGRE may update these Terms and Conditions of Sale at any time. You can view the applicable version of the Terms and Conditions of Sale at any time by clicking the hyperlink labelled “Terms and Conditions of Sale”. The Terms and Conditions of Sale applicable at the time of entering into the contract of sale are those which are binding on you.
3. Availability of Products
Our Product offers and prices are valid as long as they remain visible on the Site, subject to availability. Exceptionally, errors or changes may be made, especially in cases of simultaneous orders of the same Product by several customers. If a Product is unavailable after ordering, we will inform you of such unavailability by email or by phone as soon as possible. You will then be presented with the choice to order an alternative Product from the Site or to cancel your order.
SAS 3EME DEGRE shall not be held liable if Products are out of stock or unavailable for orders that have not yet been accepted by SAS 3EME DEGRE.
SAS 3EME DEGRE reserves the right to change the Products offered on the Site at any time and without any prior notice.
4. Ordering procedure
a. a. Selecting products
You may at any time add Products to your selection by clicking “add to cart”, and choose to complete your order or continue shopping.
You may view your selection by clicking “shoppping cart”.
Once you have selected the Product(s), click “shopping cart” to begin the process of placing your order.
You are then redirected on the paypal.com website to use the Paypal payment solution. You will be offered to pay either using your Paypal account or without creating a Paypal account.Paypal does not provide SAS 3EME DEGRE with your payment details.
Unless the customer provides proof to the contrary, the data recorded by Paypal shall constitute the evidence of the nature, content and date of all transactions between SAS 3EME DEGRE and its customers. In the event of dispute between SAS 3EME DEGRE and one of its customer about a transaction on the Site, the data registered by Paypal shall be considered valid proof of the content of the transaction, until the customer can prove otherwise. You can at any time send an email to the Customer Service by clicking the “contact” link should you have any complaint or question.
c. Validating the order
On the Paypal website, you will be asked to enter your delivery details with the selected option regarding the delivery costs. Delivery is free for any order above 25€.
d. Confirming the order
You will subsequently receive an order summary by email. The acknowledgement of receipt will mention the total amount of the order, details of the shipping cost and delivery time, the essential characteristics, the quantity and the price of the Products purchased.
We advise you to keep this acknowledgement of receipt as a hard copy or in an electronic format.
When an order concerns an amount equal to or greater than 120 Euros, SAS 3EME DEGRE shall retain the document that embodies the contract electronically entered into between SAS 3EME DEGRE and the Customer for a period starting from the entering into of the contract until the date of delivery of the product and for a period of ten years from this date (in conformity with the legislative decree 2005-137 of February, 16 2005). You may access this document at any time upon request to the Customer Service by phone at +33(0)5 55 37 25 25, or by email, by clicking the “Contact us” hyperlink, and upon proof of your identity.
5. Prices – Methods of payment accepted
The prices of the Products are in EUR, inclusive of taxes. Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal or ii) due to lack of conformity and hidden defects, SAS 3EME DEGRE will not reimburse the VAT applied on the purchases made on the Site (even in the event where the buyer, after receipt of the Products, re-exports them to a country located outside the European Union).
SAS 3EME DEGRE reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice. All orders are payable in EUR and must be paid for immediately at the time of ordering.
Payment by PayPal :
We accept payments with PayPal.
When completing your order, and if you choose the PayPal payment option, you will be automatically redirected to the PayPal platform in which you will need to log in to your account. If you don’t have a PayPal account, you will then be able to create one. After the validation of your order with PayPal, you will be redirected to the confirmation page of lesparfumables.com.
6. Title Retention
The Products ordered remain the property of SAS 3EME DEGRE until full payment for the Products has been received by SAS 3EME DEGRE.
However, you assume the risks (in particular regarding loss, theft or damage) related to the delivered Products from the moment they are delivered to the address specified when placing your order.
7. Shipping Methods and Shipping Costs
- Shipping costs are of €7,90 for any order until €25. Above this amount, the delivery costs by the postal services are complimentary for any destination in the world, except the countries where it is banned by a temporary or permanent regulation. Clearance expenses and duty fees in the country of delivery shall be borne by the purchaser.
- Delivery time :
In most cases, the Products are available and the order is prepared during the working day following its placing.
However, given the handcrafted nature of our production, some products may not be immediately available.
While processing your order, we will send you a notification about the order preparation and delivery time. You will then have the option to cancel your order and ask to be reimbursed.
- Delivery problems
In the event the delivery date is not met, you could cancel the order simply by email or registred letter to the following address:
SAS 3EME DEGRE
117 rue de Nexon
87000 Limoges – France
SAS 3EME DEGRE would then be required to refund the total amount paid at the latest within a period of fourteen (14) days after the termination of the sale agreeement. If you nevertheless receive the Product after using this possibility, you shall send it back according to article 9 hereinafter.
- You shall check the conformiy of the Products at the time of delivery and indicate, if possible on the delivery order, and under forms of handwritten reserves accompanied with your signature any abnormality (such as an opened package, damaged goods etc.).
You should then contact the Customer Service by email clicking the “Contact us” hyperlink or by phone at +33 (0)5 55 37 25 25. In the event of non conforming purchased Products or if they do not satisfy you, you may return them or request an exchange or refund on the terms stipulated in the article “Right of withdrawal – returns, exchanges, refunds”.
8. Right of withdrawal
- Right of withdrawal and withdrawal period
You have a legal right of withdrawal of your order under applicable law (Articles L221-18 and L221-20 of the French Consumer Code), without having to provide reasons and without having to pay any penalties if you fulfil the conditions laid down by the aforementioned articles.
The general refund and exchange policy of 3EME DEGRE SAS allows you to withdraw within thirty (30) days from the date of delivery of the Products, without having to provide reasons and without having to pay any penalties. Beyond this time, you will no longer be able to exercise your right of withdrawal.
- Procedure for exercising your right of withdrawal
We offer you the option to send to the following address, within the 30-day withdrawal period indicated above, any other form of notification that clearly states your wish to withdraw:
SAS 3EME DEGRE
117 rue de Nexon
87000 Limoges – France
You may use the model withdrawal form that is annexed to these General Terms and Conditions of Sale.
- Consequence of the right of withdrawal
In the event the product does not comply with your order or in the context of your right of withdrawal, you may ask for an exchange or refund of the Product(s) purchased under the conditions set out in Section 9 below.
9. Procedure for Returns and Refunds
- Procedure for return free of charge
When exercising your right of withdrawal, Products shall be returned in their original packaging (and if possible the delivery box), together with their purchase invoice or a copy in the case of a partial return.
Returning a product for exchange or refund is free of charge. In this context, you shall return the Products to us via the postal services and using a tracking number for your parcel, within a maximum of thirty (30) days of your notification of withdrawal.
SAS 3EME DEGRE agrees to reimburse you the standard shipping costs including the tracking of the parcel. For this purpose, you should insert the delivery invoice indicating the the tracking number into your returned parcel.
If a refund has been requested, the product(s) will be refunded within seventy-two (72) working hours of receipt of the returned good. You will be sent a confirmation email. The refund, including the delivery costs of the initial order, shall be issued via the same payment method used for the order.
10. Legal guarantees
The Products sold by SAS 3EME DEGRE shall be subject to the legal terms of warranty provided under Articles L217-4 to L217-14 of the French Consumer Code and under Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
- Legal guarantee of conformity:
SAS 3EME DEGRE will deliver a Product to you that is consistent with the sales contract and free from any defects upon delivery of said Product, in that the Product will be as described, fit for purpose and of satisfactory quality. SAS 3EME DEGRE will respond to the faults resulting from the packaging, assembly or installation instructions if assembly or installation has been agreed as part of the contract. This guarantee will only apply in cases where you make a request within two years from delivery of the Product. Any lack of conformity which becomes apparent within six (6) months of delivery (this period shall be legally extended to twenty-four (24) months from March, 18 2016) is presumed to have existed at the time of delivery, unless proven otherwise.
You have the right to choose between the repair or the replacement of the Product unless the request involves a manifestly disproportionate cost for SAS 3EME DEGRE. If the repair or the replacement are not possible you can ask for a refund and return the Product or keep the Product and ask for the refund of a portion of the price, unless the lack of confomity is trivial. You shall not be charged for the return, replacement or refund of the Product and this would not interfere with the potential award of damages should you be entitled to it.
- Legal guarantee of the latent defects:
SAS 3EME DEGRE will deliver a Product to you that is free from latent defects which would make it unsuitable for its intended purpose or which restrict its use to such an extent that you would not have purchased it, or would have given a lesser price for it, had you been aware of these defects. This guarantee will only apply in cases where you make a request within two years from the discovery of the defect.
In case of latent defect, you can choose between returning the Product and asking for the refund of the price and the costs incurred by the sale and keeping the Product and asking for the refund of a portion of the price. In any case it will be for you to prove that you meet the conditions of the guarantee.
In case of conformity defect or latent defect, you shall return the Products to the following address:
SAS 3EME DEGRE
117 rue de Nexon
87000 Limoges – France
11. Availability of replacement parts
According to Article L 111-3 al.1 of the French Consumer Code, SAS 3EME DEGRE cannot guarantee a period of availability for spare parts required for the use of Products. Nevertheless, SAS 3EME DEGRE will do its utmost to satisfy its Customers in the event that one or more parts is requested.
12. Limitation of Liability
Under no circumstances may SAS 3EME DEGRE be held liable for any damage not resulting from a failure on the part of SAS 3EME DEGRE to comply with one of its obligations.
13. Governing Law – Disputes
These Terms and Conditions of Sale are governed and construed in accordance with French law. However, in accordance with Regulation EC 593/2008 of June, 17 2008, these Terms and Conditions shall not preclude compliance on the part of SAS 3EME DEGRE with a provision that is more favourable to the customer, and which shall apply in full by agreement, under the law where the customer has their habitual residence. In case of a dispute regarding the interpretation or the application of these General Terms and Conditions of Sale, the customer has the option of conventional mediation or any other alternative dispute resolution process. In accordance with ordinance 2015-1033 of August, 20 2015 and with the implementing decree 2015-1382 of October, 30 2015, any so-called consumer issue or dispute, subject to Article L612-2 of the French Consumer Code, may be informally resolved by way of mediation through the CMAP – Centre de médiation et d’Arbitrage de Paris. To bring a complaint to the ombudsman the customer could fill in the form on the CMAP website : www.cmap.fr tab “You are : a customer”, or send its request by standard or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to firstname.lastname@example.org. Whatever the means to access the CMAP, the customer’s request shall include the following information to be delt with quickly: the customer’s postal details, email address and phone number as well as the comprehensive name and address of SAS 3EME DEGRE, a succinct statement of the facts and the evidence of the preliminary contacts with SAS 3EME DEGRE. Notwithstanding the above, in the event of a dispute, in accordance with the provisions of Regulation No. 1215/2012 of December, 12 2012:
– you may file a claim either before the courts where you are domiciled, or before the French courts,
– SAS 3EME DEGRE may file a claim before the courts where your place of résidence is.
In the event of a dispute related to fulfilment of an order, if you are an end consumer and natural person, you may have recourse to a conventional mediation procedure or to any other alternative procedure for settlement of a dispute. According to Article 14 of Regulation (EU) 524/2103, you may also be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr. The use of mediation is an alternative method of dispute resolution and may under no circumstances be made a precondition for the exercise of the right to bring an action.
APPENDIX: MODEL WITHDRAWAL FORM
If you wish to exercise your right of withdrawal – in accordance with the conditions provided for in Article 10, you may use the form below:
To: SAS 3EME DEGRE 117 rue de Nexon 87000 Limoges – France
I hereby notify you of my withdrawal from the contract for the sale of the following product(s):
– Name (s) and reference (s) of the product(s):
– Ordered on:
– Received on:
– Order number:
– Name of the customer at the origin of the order:
– Customer’s address at the origin of the order:
– Signature of the customer in case of notification of this form on paper:
– Date :