TERMS AND CONDITIONS OF SALE

 

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") apply to all purchases made by Internet users/non-trading individuals (hereinafter referred to as "THE BUYER") on the www.luxurious-fragrances.com website (hereinafter referred to as "LUXURIOUS FRAGRANCES").

The Parties agree that the present General Terms and Conditions exclusively govern their relationship. Any order placed on the www.luxurious-fragrances.com website implies the BUYER's unreserved acceptance of the General Terms and Conditions of Sale.

The site www.luxurious-fragrances.com reserves the right to modify the General Conditions from time to time. They are applicable as soon as they are put online.

If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

ARTICLE 1: PURPOSE

The purpose of the General Conditions is to define the terms and conditions between the www.luxurious-fragrances.com website and THE BUYER, from the placing of the order to after-sales services, including payment and delivery.

ARTICLE 2: PRODUCTS

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ARTICLE 3: PRICES

Product prices are quoted in euros, inclusive of all taxes. They include VAT and any reductions applicable on the date of the order. Product prices do not include delivery charges (postage, packaging and preparation of the parcel according to the amounts in force).

The cost of delivery will be indicated on the order form before the order is validated.

If one or more taxes or contributions, in particular environmental, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the Products on the Website and on the various sales media.

However, a price cannot be modified once the BUYER's order has been validated.

ARTICLE 4: ORDERING

4.1 Prior identification of the BUYER

To place an order, THE BUYER must identify himself with his email address or his customer number and his password. For any first order, THE BUYER will have to follow a procedure of creation of account indicated on Internet site www.luxurious-fragrances.com

If the BUYER loses or forgets his password, he can request it again by going to his customer account and clicking on "I've forgotten my password". He will then receive his password at the e-mail address he provided when registering.

4.2 Order registration and validation

Once the shopping cart is validated, the BUYER will have to accept the General Conditions, choose the delivery address and method, and finally validate the payment method, this last step formalizing the sales contract between LUXURIOUS FRAGRANCES and the BUYER.

Any order implies acceptance of the prices and descriptions of the products available for sale.
LUXURIOUS FRAGRANCES will acknowledge receipt of the order as soon as it has been validated by sending an e-mail.

In certain cases, in particular default of payment, erroneous address or other problem on the account of the PURCHASER, LUXURIOUS FRAGRANCES reserves the right to block the order of the PURCHASER until resolution of the problem. In case of unavailability of the ordered product THE BUYER will be informed by e-mail.

The order for this product will then be cancelled and any refund made (only Products available at the time of the order may be subject to a deduction, as opposed to deferred Products), while the rest of the order remains firm and definitive.

ARTICLE 5: PAYMENT

5.1. Payment methods

The BUYER may pay for his products online at www.luxurious-fragrances.com using the methods proposed by LUXURIOUS FRAGRANCES.
The BUYER warrants to LUXURIOUS FRAGRANCES that he/she has all the authorizations required to use the chosen means of payment.
LUXURIOUS FRAGRANCES will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the www.luxurious-fragrances.com website.
LUXURIOUS FRAGRANCES does not save any information concerning your credit card details unless you request it when finalizing your order.

5.2. Payment date

In the case of a single payment by credit card, the BUYER's account will be debited as soon as the products are ordered on the www.luxurious-fragrances.com website.
In the event that, for any reason whatsoever, the transmission of the flow of money owed by THE BUYER proves impossible, the order will be cancelled and the sale automatically terminated.

ARTICLE 6: DELIVERY

6.1. Terms of delivery

The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed; consequently, any reasonable delay in the delivery of products shall not give rise to any claim for damages on the part of the purchaser.

Products will be delivered to the address indicated by the BUYER on the order form. All products leave our premises in perfect condition; therefore, THE BUYER must notify the carrier of the slightest trace of shock (holes, traces of crushing...) on the package, and if necessary refuse the package. A new product will then be sent at no extra cost.

LUXURIOUS FRAGRANCES will not accept the exchange of any product that is subsequently declared to have been damaged in transit, without any reservation having been made on receipt of the parcel.

As with all shipments, it is possible for a product to be delayed or lost. In such a case, we contact the carrier to start an investigation. Every effort will be made, for as long as necessary, to trace the parcel. If necessary, the retailer will be reimbursed by the carrier and will deliver a new identical parcel at his own expense. We decline all or part of our liability if we can prove that the non-performance or improper performance of the delivery contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (in accordance with paragraph 5 of article L.121-20-3 of the French Consumer Code).

6.2. Delivery error

The BUYER must notify LUXURIOUS FRAGRANCES within 14 clear days of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. This claim may be made to LUXURIOUS FRAGRANCES by post or by email. Any claim not made in accordance with the above rules and within the specified time limits will not be taken into account and will release LUXURIOUS FRAGRANCES from any liability to the BUYER.

ARTICLE 7: RETRACTION RIGHTS

7.1. Withdrawal period

In accordance with articles L.121-21, the consumer has a period of 14 calendar days to return products that do not suit him/her. This period runs from the day of receipt of the order from THE BUYER.

In the event of exercising the right of withdrawal, the BUYER has the choice of requesting a refund, a credit note, or an exchange of the products.

LUXURIOUS FRAGRANCES will reimburse the BUYER for the returned products, subject to compliance with the conditions mentioned below, as well as the standard "outbound" delivery costs for the latter if the BUYER returns the entire order. Any additional "one-way" delivery charges will be reimbursed within the limit of the standard delivery charges.

LUXURIOUS FRAGRANCES reserves the right to refuse LUXURIOUS FRAGRANCES the refund of the product if the packaging has been opened. The product must be returned exactly as LUXURIOUS FRAGRANCES received it.

If the BUYER does not return the entire order and retains one or more of the products ordered, LUXURIOUS FRAGRANCES will not reimburse the amount of the one-way delivery charges.

Refunds will be made via the payment method used for the returned order.

 7.2. Notification of right of withdrawal

To exercise his right of withdrawal, the BUYER must notify his decision to withdraw from this contract by means of an unambiguous statement to LUXURIOUS FRAGRANCES via the form on the contact page or by email to :

contact@luxurious-fragrances.com

 7.3. Effects of withdrawal

In the event of withdrawal and if all conditions are met, LUXURIOUS FRAGRANCES undertakes to reimburse the total amount of the order within 14 days.

 7.4. Return policy

The products are packaged in accordance with current transport standards, in order to guarantee maximum protection during delivery. The BUYER is requested to return the products in good condition, complete, unused and in their original packaging suitable for re-marketing.

Any product damaged after receipt will not be reimbursed, taken back or exchanged.

 7.5. Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;

ARTICLE 8: LIABILITY

LUXURIOUS FRAGRANCES has an obligation of result at all stages of the order process and after the conclusion of the contract.

LUXURIOUS FRAGRANCES undertakes to describe the products sold on its site as accurately as possible. However, LUXURIOUS FRAGRANCES may not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, LUXURIOUS FRAGRANCES may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

ARTICLE 9: INTELLECTUAL PROPERTY

All elements of the www.luxurious-fragrances.com website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, trademarks, logos, designs and models appearing on the site are the exclusive property of LUXURIOUS FRAGRANCES. Their disclosure shall in no way be construed as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.

No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.

LUXURIOUS FRAGRANCES authorizes its visitors to electronically copy and print on paper these elements for the sole purpose of preparing their purchases and placing an order at www.luxurious-fragrances.com. Any other use of elements of the site, including reproduction for purposes other than those mentioned above, modification, distribution or republication, without the prior written permission of LUXURIOUS FRAGRANCES, is strictly prohibited and constitutes an infringement punishable by law.

ARTICLE 10: PARTIAL NON-VALIDATION

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a definitive decision by a competent court of law, the other stipulations will retain their full force and scope.

ARTICLE 11: NON-WAIVER

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a claim to the obligation in question.

ARTICLE 12: APPLICABLE LAW AND JURISDICTION

Any order placed via www.luxurious-fragrances.com implies the customer's unreserved acceptance of LUXURIOUS FRAGRANCES' General Terms and Conditions of Sale. In the event of a dispute, the BUYER may refer the matter to the competent Tribunal d'Instance or Tribunal de Grande Instance of his choice, in accordance with article 46 of Book 1, Chapter 2 of the French Code of Civil Procedure. This article stipulates in principle that the plaintiff who brings a legal action may bring the matter either before the court where the defendant resides, or before the court where the goods have been delivered.
In the event of a sale to a legal entity, any dispute relating to the sale (price, terms and conditions, products, etc.) will be subject to French law before the Commercial Court of the registered office of LUXURIOUS FRAGRANCES.