General terms and conditions of sale

SARL SAPAR is a company with a share capital of 4000€ with a registered office at 10 rue Valentin Haüy, 75015 PARIS.

RCS registration number: 853 194 751

Intercommunity VAT: FR63853194751

Mail: hello@drips-fragrances.com

SAPAR specialises in the design, manufacture and marketing of fragrance products.

Preamble

The website www.drips-fragrances.com (hereinafter: the "Site") is an e-commerce platform, which allows Internet users (hereinafter: the "Buyers") to acquire various perfumed products offered for sale on the Site (hereinafter: the "Products"). The Site markets its Products by single sale (hereafter: the "Order").

The present general conditions of sale apply without restriction or reserve to all online sales offered on the Site by SARL SAPAR (hereafter: the "Company").

The purpose of these terms and conditions is to define the terms and conditions governing the online sale and delivery of Products, and to define the rights and obligations of the parties in this context.

These general terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by the Company.

In the event of subsequent changes to the GTC, the customer shall be subject to the version in force at the time of ordering.

1. Legal capacity and acceptance of the general conditions

1.1 Legal capacity

The Site is accessible:

Any natural person with full legal capacity to enter into commitments under these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.

Any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.

1.2 Acceptance of the general conditions

This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by these terms and conditions must not place an Order on the Site.

2. product characteristics

Before placing an Order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.

The list of Products offered by SARL SAPAR within the framework of distance selling is available for consultation on the Internet Site. The Products are described and presented (name, characteristics, price) with the greatest possible accuracy. The photographs, design, images or graphics are present for information purposes only and may vary in comparison with the actual product. They are only present to represent the final product, without being the exact reproduction of it due to technical constraints. The images of the Products are only indicative and are not binding on SARL SAPAR.
SARL SAPAR reserves the right at any time to add and/or remove Products and/or to modify the presentation of the Products, without any particular formalities vis-à-vis Internet users. SARL SAPAR cannot be held responsible in the event of an allergy due to the components used in its Products. The Client is required to check the components before ordering.

3. Controls

The Buyer may place an Order for one or more Products. The Products are offered for sale online while stocks last, or subject to the possibility of pre-ordering them if necessary.

3.1 Placing an order

To place an Order, the Buyer must select the Product of his/her choice and place it in his/her shopping cart.

Once the Product(s) have been selected, the Buyer communicates his/her personal information, his/her delivery address, then selects the delivery method that suits him/her and communicates his/her payment information, then finishes by clicking on the "Place order" button.

He/she may access the summary of his/her basket at any time before the Order has been definitively validated and may correct any errors in the elements entered.

The Order shall be deemed to have been placed by the Company when the Company has access to it.

3.2 Order Confirmation

The Customer will receive without delay and by electronic means an acknowledgement of receipt to follow the validation of his order, specifying his order number, the information on the Products ordered, the summary of the Customer's personal data including the delivery address.

The Buyer must ensure that the email address provided when placing the Order is correct and that it allows him/her to receive the Order confirmation email. If the Buyer does not receive the confirmation email, he/she should contact the Company at the address mentioned in the preamble.

The Company recommends that the Buyer retains the information contained in the Order confirmation.

The computerised registers, kept in the computer systems of SARL SAPAR under reasonable security conditions, will be considered as proof of the orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium, which can be produced as proof.

3.3 Cancellation or suspension of the Order

The Company reserves the right to cancel any Order if the Product is out of stock.

If a Product ordered is not available, the Client will be informed by e-mail by SARL SAPAR. The cancellation of the order for this Product and its possible reimbursement will be carried out within 30 days following the order, the rest of the order remaining firm and definitive. SARL SAPAR reserves the right, in certain cases and in particular in the event of non-payment, incorrect address or other problem on the purchaser's account, to block the customer's order until the problem is resolved. SARL SAPAR will have the right to cancel the online purchase process if, for any reason whatsoever, the collection of the sums due by the Client proves impossible. SARL SAPAR will also be entitled to refuse any abnormal order or any order placed in bad faith, or any order from a Client who has not paid in full or in part for a previous order or with whom a dispute is in progress.

4. Prices and payment terms

4.1 Prices

The sale prices of the Products are displayed on the Site. Unless otherwise stated, they are indicated in euros, including all taxes (French VAT and other applicable taxes).

The Company reserves the right, at its sole discretion and on terms and conditions to be determined by it, to offer promotional offers or price reductions.

Unless expressly stipulated otherwise when placing an order on the Internet Site, the delivery costs of the Products are not covered by SARL SAPAR. The customer must pay the transport costs, unless he/she benefits from a special offer exempting him/her from this. The shipping costs include a contribution to the preparation and packaging costs and the postage costs. The geographical area, the type, the number of products and the shipping method chosen by the Customer will vary the amount.

The price (including VAT) of each of the selected Products as well as the amount of the delivery costs are indicated to the Customer before the validation of the order. The Customer will receive, after the order, in the form of an invoice sent by e-mail, the written confirmation of the price paid detailing the price of the Products and, if applicable, the delivery costs charged to the Customer.

4.2 Price review

The Company reserves the right to change the prices of the Products at any time at its own discretion.

The Buyer shall be informed of such changes by the Company by any useful written means at least 1 (one) month before the new prices come into force.

4.3 Terms of payment

Payment of the full price is due upon placing the order. The customer undertakes to pay the price stipulated for the product ordered on the online shop (price of the products and transport) as well as to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the products into the country of the place of delivery. The customer shall pay for his order in accordance with the terms and conditions offered on the online shop.

Payment is made online:

- by credit card. The Customer communicates, in a secure environment, the number, the expiry date and the three numbers of the visual cryptogram appearing on his bank card. Any fees and/or commissions related to the use of a foreign bank card on the Website shall be fully charged to the Customer.

SARL SAPAR has no access to this data and does not store it on its servers. This is why they are requested again for each new transaction on the site. Payment is made through the Stripe application, a payment service provider, which alone keeps the Purchaser's bank details for this purpose.

- by any other means proposed on the Site at the time of the Order.

The Buyer guarantees the Company that he/she has the necessary authorisations to use the chosen method of payment.

All purchases made on the Website are protected and secure. The Website uses an SSL type payment model which ensures the highest security for the data communicated and which carries out various checks to avoid abuse and fraud. The Company reserves the right to cancel the online purchase process if, when checking bank details, there is a risk of fraudulent use of a bank card or if authorisation for payment by bank card is refused by the officially accredited bodies.

The Company reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The payment of an order may become unpaid at any time up to 120 days after the order has been placed. Therefore, the Company reserves the right, at its sole discretion, not to send a parcel whose payment, IP address or delivery address might appear to it to be doubtful or dangerous for its own account or that of a third party.

Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.

Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate shall be applicable by operation of law to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

4.4 Billing

The Buyer may access the invoice corresponding to his/her Order in the Order confirmation e-mail, as well as in the Order dispatch confirmation e-mail.

4.5 Reservation of ownership

The Company retains full ownership of the Products sold until full payment of the price, including delivery costs, has been received.

5. Delivery

The Company undertakes to make every effort to deliver the Products as quickly as possible. These may vary according to the Client's geographical area, the delivery method chosen or the Product ordered.

5.1 Delivery territory

Buyers are expressly informed that the Site offers delivery of Products to Metropolitan France and the European Union.

5.2 Delivery methods

The Products ordered on the Site shall be delivered to the address indicated at the time of the Buyer's Order as the "delivery address" (which may be different from the billing address), which may only be located in one of the countries referred to in Article 8.1.

The Buyer currently has access to only one delivery method:

delivery by Colissimo.

The possible methods of delivery and the times and costs corresponding to each of these methods are visible to the Buyer before the Order is confirmed.

The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product by this method.

5.3 Tariffs

The delivery price of the Order is indicated on the Site and is reminded in the Order confirmation email.

Delivery charges may be re-evaluated by the Company according to the rates applied by the carriers.

5.4 Delivery times

Delivery is made within the time period indicated in the Order confirmation email.

In the event of an order for several items, the Company reserves the right to split the shipments. In such a case, the delivery costs will only be invoiced once.

If the delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.

The contract shall be deemed to be terminated upon receipt by the Company of the letter or writing informing it of such termination, unless delivery has taken place in the meantime.

In the event of termination of the contract as described above, the Buyer will be reimbursed for all sums paid, including delivery costs, at the latest within 14 (fourteen) days of the date on which the contract was terminated.

The Company reserves the right in any case to approach the Buyer in order to propose alternative solutions for the reimbursement of the price of the Products and the delivery costs. The Buyer must explicitly express his/her acceptance of the choice of an alternative method of reimbursement on a durable medium.

In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Client.

In addition, the Company cannot be held responsible for reasons related to exceeding delivery times: in periods of high demand, such as the end-of-year holiday periods, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for events attributable exclusively to the carrier in charge of the delivery

6. Right of withdrawal

The Customer may exercise a right of withdrawal, without having to give reasons, within 14 (fourteen) days of receiving the product(s) ordered. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders concerning, in particular: the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. In any event, only Products returned in their original, complete and intact packaging, allowing them to be remarketed in new condition, accompanied by the purchase invoice, will be taken back. Products returned incomplete, damaged, or in any other condition that would reasonably suggest that they have been used, will not be refunded or exchanged and will be returned to the Customer.

The Buyer who wishes to exercise his right of withdrawal must send to the Company at the address mentioned in the preamble, before the expiry of the above-mentioned period, a statement clearly expressing his wish to withdraw and including his order number.

The Buyer shall be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the request for withdrawal, for the full amount paid for the Order, minus any return costs, which shall be borne by the Buyer. However, the Company reserves the right to defer this refund until the Products have been effectively recovered. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer expressly agrees to a different means. In any event, this refund will not incur any costs for the Buyer.

7. Legal guarantees

The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the thing sold, including the defects of conformity resulting from the packaging of the Products ordered on the Site.

In the event that the items delivered do not conform to the order or are damaged, the Client must report: errors in delivery and/or non-conformity of the Products in kind or in quality compared to the information given on the order, or any anomalies noted and make all claims and reservations to the Company.

If the Products need to be returned, they must be requested from the Company.

The Products must be returned to the Company in their original condition and packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the conditions described above cannot be accepted.

The Company will carry out the necessary checks and will offer the Buyer a replacement of the Product as far as possible if the defect, non-conformity or damage is proven. If the replacement of the Product is impossible, the Company will refund the Buyer the full price paid for the Product and the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which the Company informs the Buyer of the impossibility of replacing the Product.

It is recalled that, when acting under the legal guarantee of conformity, any consumer :

- has a period of two years from the date of delivery of the goods to act;

- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following their delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

8. Obligations of the Buyer

The Buyer is solely responsible for the use he makes of the Products. It is up to him :

- to check the suitability of the Products for their specific needs prior to purchasing the Products;

- to use the Products in accordance with the instructions given on the Product label.

9. Liability of the Company

The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, the Company shall not be held responsible for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

The Company does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.

The Company shall not be liable for damages arising from the use of the Products not in accordance with the recommendations provided on the Product label and for problems not directly caused by a defect in the Product, including, in particular, defects and malfunctions of the washing machine or water drainage system used by the Buyer.

The Company shall not be held responsible for any improper use of the Product by the Buyer or by persons for whom he is responsible. In particular, the Buyer acknowledges and expressly accepts that it is his responsibility not to put the Product within the reach of children.

The Company shall not be held responsible for the non-performance or delay in the performance of the sales contracts due to circumstances beyond its control or a case of force majeure as defined in Article 1218 of the Civil Code, it being expressly stated that the following are considered as cases of force majeure, in addition to those usually retained by the case law of the French courts exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security measures available on the market do not allow them to be eradicated, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying these general conditions.

The Company shall not be held responsible for the non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the Customer.

In any event, the liability that may be incurred by the Company under the present terms is expressly limited to proven direct damage suffered by the Buyers.

10. Intellectual Property

All the elements of the Site, the graphic, photographic, sound and textual elements, and the presentation of the products, are the exclusive property of the Company. The elements of the Site are protected in particular by copyright, trademark law, database law, and more generally by intellectual property law.

Clients undertake not to make any use of these contents and technologies. The Company's Products, their names and the brands used are also its exclusive property and are protected as such by French legislation and regulations. Any reproduction, representation or adaptation of the Website, trademarks, names and/or models is strictly prohibited in any form and in any context whatsoever. Failure to respect the Company's rights would constitute an act of counterfeiting and/or unfair competition, punishable under the criminal and civil laws in force and liable to result in the award of damages. Consequently, the Client formally refrains from proceeding with any reproduction, representation or distribution, even partial, of any particular element that is an integral part of the Site and from infringing the Company's intellectual property rights. The Client is also prohibited from copying, distributing, selling or transferring any information and/or any Product obtained from the Site without prior written consent.

11. Protection of privacy and personal data

The Company undertakes to respect the strictest confidentiality regarding the identity of its Clients. The Client is informed that the personal data communicated to the Company in connection with the order will be stored solely for the purposes of processing the order, managing commercial relations and invoicing the order. They may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders. In accordance with the French law "Informatique et Liberté" of January 6, 1978, modified by the law of August 6, 2004, the Client has the right to access, rectify, delete and oppose any personal data concerning him/her. The Client shall exercise these rights by writing to the Company's head office.

12. Links and third party sites

The Company shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer may have access via the Site.

The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed via the Site and shall not be party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, declarations and any other obligations whatsoever to which such third parties are bound.

13. Prohibited behaviour

The following are strictly prohibited:

(i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure, (v) any infringement of security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and, finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.

It is also strictly forbidden to sell or grant access to the Site or any part of it, as well as the information it contains.

In the event of failure to comply with any of the provisions of this article or, more generally, of infringements of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate any legal action.

14. Acceptance of the T&Cs

The Client or User expressly accepts the GTC. The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms of purchase.

The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular: the essential characteristics of the Product; the price of the Products; the date or period within which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to the legal and contractual guarantees and their implementation procedures; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (period, procedures for exercising).

These GTC express the entirety of the obligations of the parties. No indication, no document, can generate obligations under the present, if they are not the subject of an amendment signed by both parties. No correspondence prior to the signing of this agreement shall give rise to any obligations under this agreement. In the event that any of the provisions of these general terms and conditions of sale should be deemed or declared by a court of law to be illegal or unwritten, the other provisions of these general terms and conditions of sale shall remain in full force and effect.

15. Amendments

The Company reserves the right to modify these general terms of sale at any time.

The terms and conditions applicable shall be those in force at the date of the Buyer's Order.

The amended terms and conditions shall apply immediately to non-registered Buyers who place an Order after their entry into force.

Any Buyer who places an Order after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.

16. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.

17. Mediation

In the event of a dispute or difference, the Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution. Any dispute or difference between SARL SAPAR and a Client that cannot be resolved amicably will fall under the exclusive jurisdiction of the courts of Paris, even in the event of multiple defendants or a guarantee call, except in the case of more favourable national public order provisions.

 

18. Miscellaneous provisions
If one of the provisions of these General Terms and Conditions of Sale should be cancelled, the rest shall remain valid. The cancelled provision will be replaced by a provision that is as close as possible and in accordance with the applicable legislation. SARL SAPAR reserves the right to modify the present General Conditions of Sale from time to time. They will be applicable as soon as they are put on line.

SARL SAPAR is a company with a share capital of 4000€ with a registered office at 10 rue Valentin Haüy, 75015 PARIS.

RCS registration number: 853 194 751

Intercommunity VAT: FR63853194751

Mail: hello@drips-fragrances.com

SAPAR specialises in the design, manufacture and marketing of fragrance products.

Preamble

The website www.drips-fragrances.com (hereinafter: the "Site") is an e-commerce platform, which allows Internet users (hereinafter: the "Buyers") to acquire various perfumed products offered for sale on the Site (hereinafter: the "Products"). The Site markets its Products by single sale (hereafter: the "Order").

The present general conditions of sale apply without restriction or reserve to all online sales offered on the Site by SARL SAPAR (hereafter: the "Company").

The purpose of these terms and conditions is to define the terms and conditions governing the online sale and delivery of Products, and to define the rights and obligations of the parties in this context.

These general terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by the Company.

In the event of subsequent changes to the GTC, the customer shall be subject to the version in force at the time of ordering.

1. Legal capacity and acceptance of the general conditions

1.1 Legal capacity

The Site is accessible:

Any natural person with full legal capacity to enter into commitments under these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.

Any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.

1.2 Acceptance of the general conditions

This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by these terms and conditions must not place an Order on the Site.

2. product characteristics

Before placing an Order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.

The list of Products offered by SARL SAPAR within the framework of distance selling is available for consultation on the Internet Site. The Products are described and presented (name, characteristics, price) with the greatest possible accuracy. The photographs, design, images or graphics are present for information purposes only and may vary in comparison with the actual product. They are only present to represent the final product, without being the exact reproduction of it due to technical constraints. The images of the Products are only indicative and are not binding on SARL SAPAR.
SARL SAPAR reserves the right at any time to add and/or remove Products and/or to modify the presentation of the Products, without any particular formalities vis-à-vis Internet users. SARL SAPAR cannot be held responsible in the event of an allergy due to the components used in its Products. The Client is required to check the components before ordering.

3. Controls

The Buyer may place an Order for one or more Products. The Products are offered for sale online while stocks last, or subject to the possibility of pre-ordering them if necessary.

3.1 Placing an order

To place an Order, the Buyer must select the Product of his/her choice and place it in his/her shopping cart.

Once the Product(s) have been selected, the Buyer communicates his/her personal information, his/her delivery address, then selects the delivery method that suits him/her and communicates his/her payment information, then finishes by clicking on the "Place order" button.

He/she may access the summary of his/her basket at any time before the Order has been definitively validated and may correct any errors in the elements entered.

The Order shall be deemed to have been placed by the Company when the Company has access to it.

3.2 Order Confirmation

The Customer will receive without delay and by electronic means an acknowledgement of receipt to follow the validation of his order, specifying his order number, the information on the Products ordered, the summary of the Customer's personal data including the delivery address.

The Buyer must ensure that the email address provided when placing the Order is correct and that it allows him/her to receive the Order confirmation email. If the Buyer does not receive the confirmation email, he/she should contact the Company at the address mentioned in the preamble.

The Company recommends that the Buyer retains the information contained in the Order confirmation.

The computerised registers, kept in the computer systems of SARL SAPAR under reasonable security conditions, will be considered as proof of the orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium, which can be produced as proof.

3.3 Cancellation or suspension of the Order

The Company reserves the right to cancel any Order if the Product is out of stock.

If a Product ordered is not available, the Client will be informed by e-mail by SARL SAPAR. The cancellation of the order for this Product and its possible reimbursement will be carried out within 30 days following the order, the rest of the order remaining firm and definitive. SARL SAPAR reserves the right, in certain cases and in particular in the event of non-payment, incorrect address or other problem on the purchaser's account, to block the customer's order until the problem is resolved. SARL SAPAR will have the right to cancel the online purchase process if, for any reason whatsoever, the collection of the sums due by the Client proves impossible. SARL SAPAR will also be entitled to refuse any abnormal order or any order placed in bad faith, or any order from a Client who has not paid in full or in part for a previous order or with whom a dispute is in progress.

4. Prices and payment terms

4.1 Prices

The sale prices of the Products are displayed on the Site. Unless otherwise stated, they are indicated in euros, including all taxes (French VAT and other applicable taxes).

The Company reserves the right, at its sole discretion and on terms and conditions to be determined by it, to offer promotional offers or price reductions.

Unless expressly stipulated otherwise when placing an order on the Internet Site, the delivery costs of the Products are not covered by SARL SAPAR. The customer must pay the transport costs, unless he/she benefits from a special offer exempting him/her from this. The shipping costs include a contribution to the preparation and packaging costs and the postage costs. The geographical area, the type, the number of products and the shipping method chosen by the Customer will vary the amount.

The price (including VAT) of each of the selected Products as well as the amount of the delivery costs are indicated to the Customer before the validation of the order. The Customer will receive, after the order, in the form of an invoice sent by e-mail, the written confirmation of the price paid detailing the price of the Products and, if applicable, the delivery costs charged to the Customer.

4.2 Price review

The Company reserves the right to change the prices of the Products at any time at its own discretion.

The Buyer shall be informed of such changes by the Company by any useful written means at least 1 (one) month before the new prices come into force.

4.3 Terms of payment

Payment of the full price is due upon placing the order. The customer undertakes to pay the price stipulated for the product ordered on the online shop (price of the products and transport) as well as to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the products into the country of the place of delivery. The customer shall pay for his order in accordance with the terms and conditions offered on the online shop.

Payment is made online:

- by credit card. The Customer communicates, in a secure environment, the number, the expiry date and the three numbers of the visual cryptogram appearing on his bank card. Any fees and/or commissions related to the use of a foreign bank card on the Website shall be fully charged to the Customer.

SARL SAPAR has no access to this data and does not store it on its servers. This is why they are requested again for each new transaction on the site. Payment is made through the Stripe application, a payment service provider, which alone keeps the Purchaser's bank details for this purpose.

- by any other means proposed on the Site at the time of the Order.

The Buyer guarantees the Company that he/she has the necessary authorisations to use the chosen method of payment.

All purchases made on the Website are protected and secure. The Website uses an SSL type payment model which ensures the highest security for the data communicated and which carries out various checks to avoid abuse and fraud. The Company reserves the right to cancel the online purchase process if, when checking bank details, there is a risk of fraudulent use of a bank card or if authorisation for payment by bank card is refused by the officially accredited bodies.

The Company reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The payment of an order may become unpaid at any time up to 120 days after the order has been placed. Therefore, the Company reserves the right, at its sole discretion, not to send a parcel whose payment, IP address or delivery address might appear to it to be doubtful or dangerous for its own account or that of a third party.

Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.

Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate shall be applicable by operation of law to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

4.4 Billing

The Buyer may access the invoice corresponding to his/her Order in the Order confirmation e-mail, as well as in the Order dispatch confirmation e-mail.

4.5 Reservation of ownership

The Company retains full ownership of the Products sold until full payment of the price, including delivery costs, has been received.

5. Delivery

The Company undertakes to make every effort to deliver the Products as quickly as possible. These may vary according to the Client's geographical area, the delivery method chosen or the Product ordered.

5.1 Delivery territory

Buyers are expressly informed that the Site offers delivery of Products to Metropolitan France and the European Union.

5.2 Delivery methods

The Products ordered on the Site shall be delivered to the address indicated at the time of the Buyer's Order as the "delivery address" (which may be different from the billing address), which may only be located in one of the countries referred to in Article 8.1.

The Buyer currently has access to only one delivery method:

delivery by Colissimo.

The possible methods of delivery and the times and costs corresponding to each of these methods are visible to the Buyer before the Order is confirmed.

The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product by this method.

5.3 Tariffs

The delivery price of the Order is indicated on the Site and is reminded in the Order confirmation email.

Delivery charges may be re-evaluated by the Company according to the rates applied by the carriers.

5.4 Delivery times

Delivery is made within the time period indicated in the Order confirmation email.

In the event of an order for several items, the Company reserves the right to split the shipments. In such a case, the delivery costs will only be invoiced once.

If the delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.

The contract shall be deemed to be terminated upon receipt by the Company of the letter or writing informing it of such termination, unless delivery has taken place in the meantime.

In the event of termination of the contract as described above, the Buyer will be reimbursed for all sums paid, including delivery costs, at the latest within 14 (fourteen) days of the date on which the contract was terminated.

The Company reserves the right in any case to approach the Buyer in order to propose alternative solutions for the reimbursement of the price of the Products and the delivery costs. The Buyer must explicitly express his/her acceptance of the choice of an alternative method of reimbursement on a durable medium.

In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Client.

In addition, the Company cannot be held responsible for reasons related to exceeding delivery times: in periods of high demand, such as the end-of-year holiday periods, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for events attributable exclusively to the carrier in charge of the delivery

6. Right of withdrawal

The Customer may exercise a right of withdrawal, without having to give reasons, within 14 (fourteen) days of receiving the product(s) ordered. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders concerning, in particular: the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. In any event, only Products returned in their original, complete and intact packaging, allowing them to be remarketed in new condition, accompanied by the purchase invoice, will be taken back. Products returned incomplete, damaged, or in any other condition that would reasonably suggest that they have been used, will not be refunded or exchanged and will be returned to the Customer.

The Buyer who wishes to exercise his right of withdrawal must send to the Company at the address mentioned in the preamble, before the expiry of the above-mentioned period, a statement clearly expressing his wish to withdraw and including his order number.

The Buyer shall be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the request for withdrawal, for the full amount paid for the Order, minus any return costs, which shall be borne by the Buyer. However, the Company reserves the right to defer this refund until the Products have been effectively recovered. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer expressly agrees to a different means. In any event, this refund will not incur any costs for the Buyer.

7. Legal guarantees

The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the thing sold, including the defects of conformity resulting from the packaging of the Products ordered on the Site.

In the event that the items delivered do not conform to the order or are damaged, the Client must report: errors in delivery and/or non-conformity of the Products in kind or in quality compared to the information given on the order, or any anomalies noted and make all claims and reservations to the Company.

If the Products need to be returned, they must be requested from the Company.

The Products must be returned to the Company in their original condition and packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the conditions described above cannot be accepted.

The Company will carry out the necessary checks and will offer the Buyer a replacement of the Product as far as possible if the defect, non-conformity or damage is proven. If the replacement of the Product is impossible, the Company will refund the Buyer the full price paid for the Product and the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which the Company informs the Buyer of the impossibility of replacing the Product.

It is recalled that, when acting under the legal guarantee of conformity, any consumer :

- has a period of two years from the date of delivery of the goods to act;

- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following their delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

8. Obligations of the Buyer

The Buyer is solely responsible for the use he makes of the Products. It is up to him :

- to check the suitability of the Products for their specific needs prior to purchasing the Products;

- to use the Products in accordance with the instructions given on the Product label.

9. Liability of the Company

The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, the Company shall not be held responsible for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

The Company does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.

The Company shall not be liable for damages arising from the use of the Products not in accordance with the recommendations provided on the Product label and for problems not directly caused by a defect in the Product, including, in particular, defects and malfunctions of the washing machine or water drainage system used by the Buyer.

The Company shall not be held responsible for any improper use of the Product by the Buyer or by persons for whom he is responsible. In particular, the Buyer acknowledges and expressly accepts that it is his responsibility not to put the Product within the reach of children.

The Company shall not be held responsible for the non-performance or delay in the performance of the sales contracts due to circumstances beyond its control or a case of force majeure as defined in Article 1218 of the Civil Code, it being expressly stated that the following are considered as cases of force majeure, in addition to those usually retained by the case law of the French courts exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security measures available on the market do not allow them to be eradicated, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying these general conditions.

The Company shall not be held responsible for the non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the Customer.

In any event, the liability that may be incurred by the Company under the present terms is expressly limited to proven direct damage suffered by the Buyers.

10. Intellectual Property

All the elements of the Site, the graphic, photographic, sound and textual elements, and the presentation of the products, are the exclusive property of the Company. The elements of the Site are protected in particular by copyright, trademark law, database law, and more generally by intellectual property law.

Clients undertake not to make any use of these contents and technologies. The Company's Products, their names and the brands used are also its exclusive property and are protected as such by French legislation and regulations. Any reproduction, representation or adaptation of the Website, trademarks, names and/or models is strictly prohibited in any form and in any context whatsoever. Failure to respect the Company's rights would constitute an act of counterfeiting and/or unfair competition, punishable under the criminal and civil laws in force and liable to result in the award of damages. Consequently, the Client formally refrains from proceeding with any reproduction, representation or distribution, even partial, of any particular element that is an integral part of the Site and from infringing the Company's intellectual property rights. The Client is also prohibited from copying, distributing, selling or transferring any information and/or any Product obtained from the Site without prior written consent.

11. Protection of privacy and personal data

The Company undertakes to respect the strictest confidentiality regarding the identity of its Clients. The Client is informed that the personal data communicated to the Company in connection with the order will be stored solely for the purposes of processing the order, managing commercial relations and invoicing the order. They may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders. In accordance with the French law "Informatique et Liberté" of January 6, 1978, modified by the law of August 6, 2004, the Client has the right to access, rectify, delete and oppose any personal data concerning him/her. The Client shall exercise these rights by writing to the Company's head office.

12. Links and third party sites

The Company shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer may have access via the Site.

The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed via the Site and shall not be party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, declarations and any other obligations whatsoever to which such third parties are bound.

13. Prohibited behaviour

The following are strictly prohibited:

(i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure, (v) any infringement of security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and, finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.

It is also strictly forbidden to sell or grant access to the Site or any part of it, as well as the information it contains.

In the event of failure to comply with any of the provisions of this article or, more generally, of infringements of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate any legal action.

14. Acceptance of the T&Cs

The Client or User expressly accepts the GTC. The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms of purchase.

The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular: the essential characteristics of the Product; the price of the Products; the date or period within which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to the legal and contractual guarantees and their implementation procedures; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (period, procedures for exercising).

These GTC express the entirety of the obligations of the parties. No indication, no document, can generate obligations under the present, if they are not the subject of an amendment signed by both parties. No correspondence prior to the signing of this agreement shall give rise to any obligations under this agreement. In the event that any of the provisions of these general terms and conditions of sale should be deemed or declared by a court of law to be illegal or unwritten, the other provisions of these general terms and conditions of sale shall remain in full force and effect.

15. Amendments

The Company reserves the right to modify these general terms of sale at any time.

The terms and conditions applicable shall be those in force at the date of the Buyer's Order.

The amended terms and conditions shall apply immediately to non-registered Buyers who place an Order after their entry into force.

Any Buyer who places an Order after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.

16. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.

17. Mediation

In the event of a dispute or difference, the Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution. Any dispute or difference between SARL SAPAR and a Client that cannot be resolved amicably will fall under the exclusive jurisdiction of the courts of Paris, even in the event of multiple defendants or a guarantee call, except in the case of more favourable national public order provisions.

 

18. Miscellaneous provisions
If one of the provisions of these General Terms and Conditions of Sale should be cancelled, the rest shall remain valid. The cancelled provision will be replaced by a provision that is as close as possible and in accordance with the applicable legislation. SARL SAPAR reserves the right to modify the present General Conditions of Sale from time to time. They will be applicable as soon as they are put on line.

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