- On the one hand,
The “Parfumerie Amicale” company
Société par actions simplifiée (“Simplified Joint-Stock Company”) with a registered capital of 7,000.00 euros, registered at the RCS (Registre du Commerce et des Sociétés, “Trade and Companies Register”) of Paris under number 794 741 157, headquartered at 6, Rue Bonaparte, 75006 Paris, represented by its sitting president, Mr. Ramdane Touhami.
Thereafter referred to as the “Seller”
- On the other hand, the “Client”
The following has been expounded and agreed upon:
The Seller is a retailer in the business sector of perfumery and beauty products.
The Seller notably performs the sale of Goods to the client through the www.buly1803.com website (thereafter referred to as the “Site”). The list of Goods offered for sale online by the Seller can be consulted on the Site available at www.buly1803.com.
Both Parties agree that their relationships shall be governed exclusively by this contract, to the exclusion of any other condition previously available on the Seller’s Site.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing an updated version on the Site. The Terms and Conditions that apply are those that were current at the time the order was validated.
Both Parties agree that the photographs of the Goods for sale on the www.buly1803.com Site have no contractual value.
Article 1 – Definitions
For the purposes of interpreting and executing these Terms and Conditions, the terms and phrases listed below, when they begin with a capital letter, refer to:
- “Item”: the Good or Goods that make up the Order;`
- “Good”: any product offered for sale on the Site;
- “Order”: the request of Goods or Services made by the Client to the Seller;
- “Terms and Conditions”: the terms and conditions that are hereby defined;
- “Contract”; the present agreement, including its preamble and annexes, as well as any amendment, substitution, extension or renewal relative to these Terms and Conditions;
- “Delivery Time”: the length of time between the date of the Order Validation and the date of the Delivery of the Order to the Client;
- “Shipping Charge”: the fee covering the expenses incurred by the Seller to dispatch the Order to the Delivery address indicated by the Client;
- “Delivery”: the shipment of the Item to the Client;
- “Delivery Method”: any standard or express delivery method offered on the Site at the time the Order is placed;
- “Price”: the unit value of a Good or Service; this value is inclusive of VAT, but exclusive of Shipping Charge.
- “Total Price”: the combined total of the Prices of the Goods and Services that make up the Order; this amount is inclusive of VAT.
- “Order Total”: the sum of the Total Price and of the Shipping Charge; this amount is inclusive of VAT;
- “Site”: the “www.buly1803.com” website, used by the Seller for the purpose of selling its Goods and / or Services to the Client;
- “Territory”: has the meaning assigned to this term in Article 3;
- “Order Validation”: has the meaning assigned to this term in Article 5;
- “Online Sale”: the retailing of the Seller’s Goods and Services via the Site;
References to Articles are references to the articles of the present Contract, unless otherwise specified. Words importing the singular shall include the plural and vice versa. Words importing one gender shall include the other and vice versa.
Article 2 – Purpose
The purpose of this Contract is to define the rights and obligations of both Parties regarding the Online Sale of Goods and Services offered for sale by the Seller to the Client.
Article 3 – Scope
These Terms and Conditions shall only apply to consumers (“consommateurs”), as this term is defined in French law and jurisprudence, acting exclusively on their own behalf, for strictly personal purposes that are not directly related to any professional activity – i.e. purposes that are unrelated to any commercial, industrial, artisanal or liberal activity.
Pursuant to Articles L. 111-1 and L. 111-3 of the Code de la consommation (the French “Consumer Code”), the essential characteristics and the price of the Goods and Services sold online shall be available on the Site.
The Buyer shall also be provided with the information required under Articles L. 121-8 and L. 121-19 of the Code de la consommation both before and after the closing of the sale, in particular by means of these Terms and Conditions.
These Terms and Conditions shall apply to all sales of Goods made by the Seller to the Client through the Site.
The Client declares that he or she has read and understood these Terms and Conditions prior to Order Validation, as defined in Article 5. Order Validation shall thus imply the acceptance, without restrictions or reservations, of these Terms and Conditions.
These Terms and Conditions shall apply to any Order placed towards domestic and international Deliveries (i.e. Deliveries in France or outside of France).
Article 4 – Effective Date and Duration
This Contract shall take effect on the Order Validation date, as defined in Article 5.
This Contract shall remain in effect for the period required for the supplying of the Goods and Services, until the Seller’s warranties and obligations cease to apply.
Article 5 – Ordering the Goods and Services, and Steps Towards the Closing of an Online Sale
In order to place the Order, the Client must follow the steps listed below:
1. Access the Site;
2. Follow the instructions given on the Site, and in particular the instructions that may be necessary to open a customer account;
3. Fill out the order form. After a prolonged period of inactivity during the session, the availability of the Goods selected by the Client prior to this period of inactivity may no longer be guaranteed. The Client shall then be invited to recommence his selection of Goods and Services from the start;
4. Check the information provided in the Order and, where applicable, identify and correct any errors;
5. Validate the Order, the Total Price and the Order Total (the "Order Validation").
6. Follow the instructions given by the online payment server to pay the Order Total.
The Client shall then receive:
- without delay, electronic confirmation that the payment of the Order has been accepted.
- without delay, en electronic acknowledgment of receipt, confirming the Order (the “Order Confirmation”)
- electronic confirmation of shipment when the Order is shipped.
When completing the various steps listed above to place an Order, the Client commits to complying with these contractual terms and conditions, pursuant to Article 1316-1 of the Code civil (the French “Civil Code”).
The Seller commits to fulfilling the Order, to the extent that the Goods are in stock. Should the Goods be out of stock, the Seller commits to informing the Client thereof.
However, pursuant to Article L. 122-1 of the Code de la consommation, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, in particular if there is a preexisting dispute with the Client as regards the payment of an earlier order.
Article 6 – Price of the Goods and Services and Conditions of Validity
The Price of the Goods sold on the Site is stated for each item and reference number. At the moment of Order Validation, the amount payable is expressed as the Order Total.
The Client is solely liable for the telecommunication costs that may be incurred to access the Site.
Offers and Prices remain valid until the Site is otherwise updated.
Article 7 – Terms of Payment
Payment of the Order Total by the Client shall be made only by debit card or credit card. The accepted cards are those that are part of the Carte Bleue, Visa and Eurocard / MasterCard networks.
The transaction shall be immediately debited from the Client’s debit or credit card, once the card’s details have been verified, upon receipt of the debit authorization by the company that issued the Client’s debit or credit card.
Pursuant to Article L. 132-2 of the Code monétaire et financier (the French “Monetary and Financial Code”), the payment commitment made through the use of a debit or credit card is irrevocable. By communicating his debit or credit card information, the Client authorizes the Seller to debit the amount corresponding to the Order Total from said card.
To this end, the Client confirms that he is the holder of the debit or credit card to be debited and that the name printed on said card is indeed his. The Client provides the card’s sixteen-digit number and its expiration date as well as, where applicable, the digits of its visual cryptogram.
Should debit of the Order Total prove impossible, the Online Sale would be immediately annulled ipso jure, and the Order would be cancelled.
The Seller shall implement all available measures to ensure the privacy and security of all data transmitted on the www.buly1803.com Site, on which all payments are made fully secure.
Article 8 – Order Delivery
8.1. Delivery Method
When the Order is placed, the Client shall select one of the Delivery Methods offered on the Site.
8.2. Delivery Address
The Client shall select a Delivery Address. Delivery shall take place at the delivery address specified by the Client at the time the Order was placed.
The Client shall be deemed solely responsible in case of a Delivery problem caused by lapses in the information provided at the time the Order was placed.
8.3. Shipping Charge
The Shipping Charge depends on the Total Price of the Order and on the Delivery Method selected by the Client. In any case, the Client is made aware of the Shipping Charge prior to Order Validation.
8.4. Delivery Times
Buly 1803, is not liable of customs delay, and do not refund in case of late.
Delivery Times are indicated on the Site and may vary depending on the availability of the Goods that make up the Order.
Delivery Times are stated in working days and correspond to the average time needed to prepare and ship the Order on the Territory.
Delivery Times are measured from the date of Order Confirmation by the Seller.
8.5. Late Delivery
In case there is a delay in the Delivery process, the Order shall not be cancelled.
The Seller shall inform the Client by email that the Delivery shall be delayed. The Client shall then be able to decide to cancel the order; in this case, he shall send a notice of cancellation of the Order by email to the Seller at the following address: email@example.com
If the Order has yet to be shipped when the Seller receives the Client’s cancellation notice, Delivery shall be cancelled, and any sum that may have been debited from the Client’s bank account shall be refunded to the Client within fifteen days of the Seller’s receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Client’s cancellation notice, the Client may still cancel the Order by refusing delivery of the parcel. The Seller shall then refund any sum that may have been debited from the Client’s bank account as well as the postal return charges the Client may have incurred within fifteen days of the Seller’s receiving the refused parcel, provided that said parcel be complete and in its original condition.
8.6. Tracking the Delivery
The Client can track the status of the processing of his Order in the dedicated section on the Site.
8.7. Inspection of the Order on Arrival
The Client is required to inspect the condition of the packaging as well as the Items at the moment of Delivery.
It is the Client’s responsibility to state the reservations and complaints he or she deems appropriate, or to refuse the parcel when it is obviously damaged at the moment of Delivery. Said reservations and complaints must be addressed to the carrier by registered mail with acknowledgment of receipt within three working days (bank holidays excluded) of the Goods’ Delivery date. The Client must also forward a copy of this letter to the Seller. Absent the statement of a reservation or complaint prior to the above-mentioned deadline, any legal action against the carrier shall lapse, pursuant to Article L. 133-3 of the Code de Commerce (the French “Commercial Code”).
The Client must make sure that the Goods that were delivered to him or her are indeed those that were ordered. In the event that the Goods should not conform, whether in kind or in quality, to the specifications mentioned in the Delivery slip, the Client must inform customer service by email and send the Goods back to the address indicated among the provisions of Article 8.
Pursuant to the provisions of Article L.121-21-8 of the Code de la consommation, since opening beauty products (cosmetic and make-up products) makes then unfit to be sold in the future, the Client has no right of cancellation, and (for reasons of hygiene and health protection) any cosmetic product that has been opened or damaged, or whose original packaging has been unsealed, may not be returned and shall neither be refunded, nor exchanged.
Except in those specific cases defined in Article L.121-21-8 of the Code de la consommation, notably that referred to in the above paragraph, the Client may exercise his right of cancellation within fourteen days of receiving the Order, pursuant to Article 121-21 of the Code de la consommation. Should the fourteen-day period expire on a Saturday, a Sunday, a bank holiday or a non-working day, it would be extended to the following working day.
The Client can inform the Seller of his decision to exercise his right of cancellation by writing to the following address: firstname.lastname@example.org
Should the Client wish to exercise his right of cancellation, he must return the Items prior to the above-mentioned deadline, in their original packaging and condition, in full, within 14 days of informing the Seller of his decision to cancel the Order.
Article 10 – Complaints
The Client must file any complaint with customer service (making sure to mention the reference number and the date of the Order):
- either by post, to the following address: 6 RUE BONAPARTE – 75006 PARIS
- or by email, to the following address: email@example.com
Only those complaints related to the Online Sale of the Items shall be taken into account.
Article 11 – Warranty
The Seller must abide by the statutory warranty provisions provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Code de la consommation and in Articles 1641 and 1648 of the Code civil.
- Article L.211-4 of the Code de la consommation: “The seller must deliver an item that conforms with the contract and is liable for any issues of non-conformity at the moment of delivery. He is also liable for issues of non-conformity stemming from the packaging, the assembly instructions or the item’s installation if the contract stipulates that he is in charge of the latter, or if it was performed under his responsibility.”
- Article L.211-5 of the Code de la consommation: “In order to comply with the contract, the item must:
1° Be fit for the purposes for which similar goods can be expected to be used and, where applicable:
- match the description given by the seller and possess the characteristics the seller has presented to the buyer through the use of samples or models ;
- possess the characteristics that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, notably through advertising or labeling;
2° Or possess the characteristics defined by mutual agreement of both parties or be suitable for any special purpose sought by the buyer, which the buyer communicated to the seller and which the latter accepted. »
- Article 1641 of the Code civil: “The seller is bound by the warranty on account of the hidden defects of the item sold which make it unfit for the use for which it was intended, or which hinder that use to such an extent that the buyer would not have acquired it, or would only have agreed to pay a lesser price for it, were he aware of them.”
- Article 1648 of the Code civil : “Any legal action stemming from crippling defects must be brought by the buyer within a period of two years following discovery of said defect. In the specific case mentioned in Article 1642-1, such action must be brought, under penalty of foreclosure, within one year of the date from which the seller may be relieved of liability for the apparent defects or non-conformity issues.”
Article 12 – Intellectual Property Rights
The Seller’s trademark, “Buly 1803”, along with all figurative and non-figurative trademarks, and more generally all other trademarks, illustrations, images and logos featured on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller.
Any reproduction in whole or in part, any modification or use of these trademarks, illustrations, images and logos for any reason whatsoever and on any medium whatsoever, is strictly forbidden without the prior, express consent of the Seller. The same applies to any combination or conjunction with any other trademark, symbol or logo, or more generally any distinguishing feature designed to form a composite logo. The same also applies to any copyright, sketch, model or patent that is the property of the Seller.
Article 13 – Data Privacy
The information that the Client is asked to provide is necessary to process the Order.
Should the Client consent to providing personal, individual data, he shall have an individual right to access, withdraw and rectify said data, pursuant to the provisions of French law No. 78-17 of January 6th, 1978, regarding information technologies, files and liberties (the French “Data Protection Act”). Written requests shall be sent by the Client to the following address: firstname.lastname@example.org
At the moment of creating his customer account on the Site, the Client shall be able to choose whether he wishes to receive offers from the Seller and its partners.
Article 14 – Force Majeure
The Seller’s execution of his obligations as defined by this Contract shall be suspended if a fortuitous or force majeure event were to occur, hindering or delaying said execution.
The Seller shall inform the Client of the occurrence of said fortuitous or force majeure event within 15 days of the date on which the event occurred.
Should the suspension of the Seller’s execution of his obligations persist for a period longer than 30 days, the Client shall be able to rescind the outstanding Order and the Seller shall then refund the Order, pursuant to the provisions of Article 7.
Article 15 – Nullity of One of the Contract’s Clauses
Should any provision of this Contract be annulled, said nullity would not entail the nullity of this Contract’s other provisions, which would remain in force between both Parties.
Article 16 – Alteration of the Contract
Any amendment to any of the clauses in this Contract, and any termination or relinquishment thereof, shall only be deemed valid after a written agreement has been signed by both Parties.
Article 17 – Independence of the Parties
No Party may make any commitment whatsoever in the name of and/or on behalf of the other Party. Moreover, each Party shall remain solely responsible for its allegations, commitments, services, products and staff.
Article 18 – Non-Waiver Agreement
The choice by one of the Parties not to invoke one of the other Party’s commitments regarding any of the obligations described in this Contract shall not be interpreted in the future as a renunciation of said obligation
Article 19 – Notifications
Any notification that must be sent under the terms of this Contract shall be deemed fulfilled if it is sent by registered mail with acknowledgment of receipt to the following addresses:
- To the Seller: “BULY 1803”, 6 Rue Bonaparte – 75006 Paris
- To the Client: the address specified by the Client
Article 20 – Applicable Law and Assignment of Jurisdiction If a Dispute Arises
This contract shall be governed by French Law. Any dispute stemming from the formation, the interpretation or the execution of this Contract shall be subject to the exclusive jurisdiction of the Paris courts, notwithstanding the existence of multiple defendants or warranty proceedings.
Article 21 – Access to these Terms and Conditions
The up-to-date version of the Seller’s Terms and Conditions shall be accessible online at all times by the Client on the Site.