TERMS AND CONDITIONS
The Company CREATIONS PARFUMEES SAS (hereafter « Making Of Parfums e-store »), a simplified joint stock company with capital of 8,000 Euros, registered in the Paris Trade and Companies Register under the number B 794 424 325, whose registered office is located at 29, Boulevard de la Ferrage in Cannes (06 400) and whose Intra-Community VAT number is FR59 794 424 325, is specialized in fragrances development and sales, and offers a complete service in the on-line sale of its fragrances. These General Terms and Conditions of Sale unreservedly govern Product sales by Making Of Parfums e-store from the internet address http://www.makingofparfums.com (hereafter the Website) and its derivative addresses.
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale aims at informing any possible customer on the terms and conditions by which the vendor (“Making Of Parfums e-store”) processes the sale and the delivery of the products ordered and defining the rights and obligations of the parties within the frame of the products sold by Making Of Parfums e-store to the customer (“the Purchaser”).
These General Terms and Conditions of Sale shall be applied to the exclusion of any other condition, notably the ones applicable to the sales completed by other distribution or marketing channels. These General Terms and Conditions of Sale may be viewed at any time on Making Of’s website (www.makingofparfums.com) and shall prevail, if necessary, on any other version or contradictory document.
For the purposes of these Terms and Conditions of Sale, the Purchaser and Making Of shall be jointly referred to as the Parties and individually as the Party.
Before placing any order, the Purchaser certifies that:
The purchase of products on Making Of Parfums’s website is not related directly to any professional activity and its exclusively limited for personal use;
To have full legal capacity, allowing commitment to the Terms and Conditions of Sale.
Making Of sells products available on its Website exclusively for retail purposes and to ultimate consumers. Any order that does not clearly correspond to a retail sale and more generally, any fraudulent order or suspected as such shall be considered by Making Of Parfums e-store as null and void.
Making Of Parfums e-store reserves the right to amend these Terms and Conditions of Sale at any time. The terms and Conditions of Sale applicable at the time of the order placed by a Purchaser on Making Of’s website are those approved by the Purchaser when placing the order.
ARTICLE 2 - PRODUCTS – AVAILABILITY – PRICES
2.1 Description of the Products
Pursuant to article L. 111-1 of the French Consumer Code, the Purchaser may, before the order, view on Making Of’s website the main features of the product(s) that the said Purchaser wishes to order.
2.2 Products’ availability
Our offers remain valid as long as the articles are presented on the Website, subject to their availability.
If an article is no longer available after the submission of your order, we shall inform you of the order’s possible partial delivery or cancellation by electronic or postal within the shortest time. The Purchaser then request the cancellation of his order or its partial delivery within 48 hours counting business days (but not weekends or public holidays). If no information is sent to us with this respect within the aforementioned time the order’s partial delivery shall be executed.
If the order’s payment has already been executed, we shall refund it partially (in case of partial delivery) or totally (in case of cancellation), within thirty (30) days, according to the following items:
If the payment was executed by credit card, the refund will be executed through our Internet site on the same card as the one used for this payment.
If the payment was executed by bank check, the refund shall be executed through the sending of a bank check to the address of delivery.
Making Of Parfums e-store reserves the right to change at any time and without notice the items proposed on the website www.makingofparfums.com.
All prices are shown in euros. The applicable prices are those that are shown on the Making Of Parfums e-store at the time at which the Purchaser places oh his/her order, unless a printing error occurs. These prices are inclusive of all taxes in Europe and without taxes outside Europe, but do not include local customs costs in the country of delivery. The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced, SUPP (inclusive of all duties or taxes and costs). The prices displayed on Making Of’s website do not include shipping costs. The Purchaser can view the shipping costs before the order confirmation. The prices are subject to French VAT and any change in the legal rate of that VAT will be applied to the price of the products presented on the Site, on the date stipulated by the application decree governing it. For all deliveries outside, the VAT rules as stated in the French Taxation Code will apply. If the Purchaser use a bank card associated with an account that is located outside the Euro Zone, particularly in the United Kingdom, the Purchaser’s bank may change currency exchange fees and bank fees, which will be payable solely by the Purchaser.
ARTICLE 3 - ORDERING
3.1 Ordering process
By browsing the Site, the Purchaser can find out about the various Products offered for sale on the day she/he view the Site. The Purchaser is not committed in any way to make an order by browsing the Site. While browsing the Site, the Purchaser who wishes to make an order may do so just by clicking on the “Add to shopping bag” icon that is located next to each Product viewed. Once the Purchaser does this, she/he see the number of articles in the basket appear in a box, offering to continue his/her purchases or to finalize the order. If the Consumer decides to finalize his/her order, his/her basket will be displayed on the screen, containing all the items in the order and showing the total amount payable, including shipping costs, the type of Products ordered and their quantity. The Purchaser can come back to this order, add to it, amend it, or cancel it until it is validated. If the purchaser wishes to choose other Products, all she/he needs to do is click on “Continue shopping”. The Products or Products that she/he has already selected will remain in his/her basket. The Purchaser is informed that at any time during the ordering process, right up to actual payment of the order under the conditions specified in Article 4, she/he is able to come back to this order, add to it, amend it, or cancel it until it has been finally validated. Once the selection of the Products has been completed, the Purchaser will be able to order them by clicking on the “Shopping bag” icon and then, once the basket is on the screen, by clicking on “Proceed to checkout”. Then a new web page will open, inviting the Purchaser to provide his/her address details by accurately filling in the form provided. The Purchaser undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Saturday, and his/her name and e-mail address.
Once the form has been filled in completely, an order summary will display all the information relating to this order, i.e., among others, the type, quantity and price of the Products, the total amount (including shipping costs) of the order, the Purchaser’s contact details, the delivery address and the billing address will appear on the screen. The Purchaser will be invited, after checking the state of his/her order, to confirm his/her order or to amend the characteristics of his/her order. When the Purchaser confirms the order by clicking on the “Confirm” icon, it is considered that the Purchaser has agreed knowledgeably on these Terms and Conditions of Sale, the prices the volumes and the quantities of the commercialized products and ordered by the said Purchaser.
Making Of Parfums e-store shall notify via email the order confirmed by the Purchaser. The sale shall be considered as completed after Making Of parfums e-store sends this order notification to the Purchaser and the full collection of the amount due.
Making Of Parfums e-store advises the Purchaser to keep details provided in the order notification sent by Making Of Parfums e-store.
On the website Making Of Parfums, the maximal amount per order is limited to €975 all taxes inclusive and exclusive of shipping costs. In the event of a superior amount, the Purchaser may contact directly Making Of by email at firstname.lastname@example.org.
3.2 Order Confirmation
Once the order has been confirmed and its payment validated according to the procedure laid out in Article 4 below (provision of the bank card number, its expiry date and, if relevant, the security code), a printable and saveable summary of the Purchaser’s order will be displayed and will show the order’s references. The Purchaser is also notified that the Making Of Parfums e-store will soon send him/her an e-mail confirming his/her order. The Purchaser is deemed to have taken note of this confirmation within fifteen (15) minutes of it being sent by the Making Of Parfums e-store.
This confirmation e-mail sent by the Making Of Parfums e-store will contain the following details:
The number of the order determined by the Making Of Parfums e-store when the order is placed by the Purchaser;
The summary of the order (identification of the Product(s) ordered, the quantity, the price);
The total amount of the order, inclusive of all taxes;
The shipping charges;
Confirmation of payment;
The conditions and procedures for the right of withdrawal, in accordance with the provisions of Articles L.120-20 of the French Consumer Code;
The procedures relating to delivery of the Product(s) ordered (expected shipping time – maximum of thirty (30) days from order validation)
The Making Of Parfums e-store retains ownership of the Product(s) ordered until full payment of the price and its anciliary costs, including the shipping costs.
The Making Of Parfums e-store reserves the right to refuse or cancel the order of a client, if a litigation concerning the payment of the latter’s prior orders is pending.
3.3 Proof of the order
The data saved on the Making Of’s website, are the proof of the order placed by the Purchaser.
ARTICLE 4 - PAYMENT
Payment must be made immediately via the Internet at the time of the order in Euros only by bank card (Visa, Mastercard), to the exclusion of all other methods of payment.
The Consumer guarantees to the Making Of Parfums e-store that she/he has the authorisations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled, and the Consumer will be notified by e-mail.
The Making Of Parfums e-store uses a secure payment platform, CYBERPLUS PAIEMENT 3D-Secure. This is an interbank protocol to provide an extra level of security for e-commerce transactions on-line. It is to ask the user, in addition to the credit card number and CVV, independent information on the card and only known to him. This additional authentication allows a priori to ensure that the person who is trying to complete the transaction is the beneficial holder of the credit card. It thus limits to the merchant unpaid pattern "challenged transaction."
ARTICLE 5 - DELIVERY AND RECEIPT
5.1 Delivery Methods
Items will be sent to the delivery address that the Purchaser provided during the order process.
SAS CREATIONS PARFUMEES has chosen LA POSTE for carriage, and specifically the COLISSIMO secure parcel service. The flat-rate contribution towards the costs of preparation and dispatch includes tax.
SAS CREATIONS PARFUMEES delivers parcels to mainland France, Corsica and Monaco, as well as overseas.
In case of absence at delivery at the address provided by the Purchaser, a delivery notice will be posted into the letter box: the parcel will then be available at a post office for two weeks after the notice is delivered.
Once the two weeks have past, the parcel shall be sent back to SAS CREATIONS PARFUMEES.
Customer services will then contact the Purchaser: the parcel may be dispatched again if the Purchaser requests so and pays the new delivery costs; or in the absence of a response from the Purchaser within a reasonable delay, a refund will be made. SAS CREATIONS PARFUMEES will under no circumstances be held responsible in case of late delivery and/or non-delivery due to the address given by the Purchaser and in particular due to a false or wrong address or one to which delivery is impossible. Post box addresses are not acceptable. In case of return for a package of proven default address entered by the buyer, it has the option to request a refund or ordered items or return the order to a new address (with additional shipping costs).
5.2 Delay in Delivery
In conformity with the provisions of article L.121-20-3 of the French consumer code, the delivery of item(s) ordered will be within thirty (30) days from the date following the order at the latest, subject to full payment by the Purchaser of the price for items available, unless specifically stipulated to the Purchaser before the order is placed or prior to the definitive validation. In such cases, Making Of Parfums e-store will provide the Purchaser with an approximate period of delivery dates. This period will be given as a rough indication in the order summary. Delivery dates cannot be assured in case of force majeure including strikes.
Each delivery is deemed to have been completed once the Product(s) has/have been made available to the Purchaser by the shipper, as shown by the tracking system used as the tracking delivery system proposed on the website of LA POSTE for “COLISSIMO” packages.
In conformity with the provisions of article L.121-19 of the French consumer code, upon delivery the Purchaser will receive an invoice featuring the price of each of the article(s) and delivery costs due.
The Purchaser is expressly informed that it is his or her responsibility upon delivery of the parcel to check the general condition (damaged packaging) as well as the contents and to ensure that they match his or her order (number, etc.). If this is not the case, the Purchaser must imperatively write his or her remarks or specific reservations on the order form. The Purchaser must, within two (2) working days following receipt of the parcel, send a registered letter with advice of receipt to SAS CREATIONS PARFUMEES informing it of the claim and imperatively including the number of the parcel and a copy of the parcel’s deposit document.
SAS CREATIONS PARFUMEES will deal with this claim by contacting the Purchaser and informing him or her of how to return the parcel. Any complaint made after this time-frame or not in line with the required form will be rejected and the Making Of Parfums e-store will be freed of all liability.
ARTICLE 6 – WITHDRAWAL RIGHT AND RETURN RIGHT
In accordance with the provisions of the law n°2014-344 of March 17, 2014 of the French Consumer Code, the Purchaser has a cooling-off period of seven (7) business days, as of the delivery date of the order, to return, at his/her own cost, the Product(s) ordered that do not satisfy him/her. However, as per Article L.121-20-2(3°), the Purchaser may not return the Product(s) and claim any refund if the Product(s) are bottles customised with engraving done on request, according to the Purchaser’s specifications. The Product(s) must without fail be sent back in their entirety, in perfect condition and in their original packaging, accompanied by the delivery slip, the invoice and an accompanying letter by mail, to the following address: SERVICE CLIENT MAKING OF – 1214 Avenue de Vaugrenier – 06270 Villeneuve-Loubet.
A client exercising his/her withdrawal right shall however bear the costs resulting from the ordered articles’ return and the related risks thereof.
The Making Of Parfums e-store undertakes to reimburse the Purchaser, to the bank account that was debited at the order time, within a maximum of thirty (30) days, as long as the above conditions are complied with.
ARTICLE 7 – RIGHT TO CONFORMITY AND GUARANTEE
The Purchaser must verify the state of the delivered articles’ packaging and their compliance with the articles ordered. Claims with respect to any obvious defect of the delivered articles or their non-compliance with the articles ordered or the shipment form’s statement must be submitted in written within eight (8) days as from the articles’ delivery. The Purchaser shall have to prove the reality of the observed defect or non-compliance. He/she shall grant to the seller the possibility to verify the actual existence of these defects and remedy them. The purchaser shall neither attempt to remedy these defects personally nor have any third attempt to remedy them. If the claim is submitted within the aforementioned period of time, the articles that do not comply with the articles ordered or that are affected by an obvious defect shall be, at the Purchaser’s choice, either reimbursed or replaced, subject to the availability of similar articles. The refund of the delivered article or the delivery of the new article shall be executed within thirty (30) days as from the receipt of the non-complying or defective articles to the following address: SERVICE CLIENT MAKING OF – 1214 Avenue de Vaugrenier – 06270 Villeneuve-Loubet.
ARTICLE 8 – LIABILITY
The Making Of Parfums e-store may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus. Without restricting the scope of the foregoing provisions, the Making Of Parfums e-store’s liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved.
ARTICLE 9 – LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS
9.1 Privacy considerations
Consumers are required to provide the personal information collected in the context of out-of-store selling, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by the Making Of Parfums e-store or its sub-contractors, which are subject to the same obligations, only for processing orders received. If all the information is not entered, the order will be rejected automatically. In accordance with the French law on the protection of personal data, law no. 78-17 dated 6 January 1978, a reporting process has been fulfilled concerning the processing of personal details collected by the Site to the “CNIL”, the body charged with ensuring compliance with that law. The Purchaser has a right to access, amend, rectify and delete personal data collected by the Making Of Parfums e-store that concern him/her. To exercise this right, the Purchaser can either contact the Customer Service Department via the Contact page or send a letter by post to the following address: SERVICE CLIENT MAKING OF – 1214 Avenue de Vaugrenier – 06270 Villeneuve-Loubet.
The Making Of Parfums e-store undertakes not to resell the Purchaser’s contact details to third-party companies without prior consent. The Purchaser may receive informational e-mails from the Making Of Parfums e-store concerning the Making Of Parfums e-store’s products and activities. The Purchaser is entitled to refuse to receive such communication after the event either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by contacting the Customer Service Department, via the Contact page or by sending a letter by post to the following address: SERVICE CLIENT MAKING OF – 1214 Avenue de Vaugrenier – 06270 Villeneuve-Loubet.
9.2 Force majeure
No party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of Gold or to the occurrence of an event that constitutes “force majeure”, such as, in particular, the following examples being given only as indications, flood, fire storm, lack or raw materials, a transport strike, a partial or total strike, or a lock-out. Party that affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event. If the force majeure event lasts for longer than one (1) month. The Making Of Parfums e-store shall be showed not to honour the order, though the Making Of Parfums e-store is obliged to reimburse the Purchaser, if the Purchaser has paid, the amounts paid by the Purchaser for the order concerned.
9.3 Partial non-validation
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
9.4 No waiver
The fact that one of the parties did not claim to the other party the breach of any of the obligation set in these Terms and Conditions of Sale shall not be considered as a waiver.
In the event of any difficulty of interpretation between any of the headings of the articles and chapters, and the clause itself, the headings shall be deemed not to exist.
The Making Of Parfums e-store may place a cookie on the Purchaser’s computer during browsing at the Site. This cookie enables the Making Of Parfums e-store to record information about the browsing of the Purchaser’s computer at the Site (pages viewed, date and time of viewing, etc…) and also has the goal of providing easy of browsing and ease of use of the Site, especially through the personalisation of some pages. The Purchaser may decline the recording of cookies by configuring his/her browser to reject cookies.
9.7 Applicable law – disputes
The law that applies to these General Terms and Conditions of Sale and to the orders relating thereto is French law, to the exclusion of the Vienna Convention concerning international sales contracts for goods. Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in this jurisdiction of Paris or the courts appointed by the common law provisions.