ARTICLE 1 - SCOPE OF APPLICATION
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These General Terms and Conditions of Sale (known as the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.maisonsaphar.com. The Products offered for sale on the site are as follows:
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The perfumes of the Maison Saphar brand
The Maison Saphar gift card
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Any other product of the Maison Saphar brandThe main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.maisonsaphar.com which the customer is required to be aware of before ordering.
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The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
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These GTC are accessible at any time on the website www.maisonsaphar.com and will prevail over any other document.
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The Customer declares that he has read these GTC and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the www.maisonsaphar.com website.
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Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
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Maison Saphar, SAS Social capital of 1000 euros
Registered with the RCS of Cannes, under number 91259044528
28 Rue de Mimont 06400 Cannes
Email: Contact@maisonsaphar.com
Phone: 0601164061
Intra-Community VAT number FR85912590445
The Products presented on the website www.maisonsaphar.com are offered for sale for the following territories:
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United States
Europe
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In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and the sole responsibility of the Customer.
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ARTICLE 2 - PRICE
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The Products are provided at the current rates appearing on the website www.maisonsaphar.com, when the order is registered by the Seller.
Prices are expressed in Euros, HT and TTC.
The rates take into account any reductions that would be granted by the Seller on the website www.maisonsaphar.com.
These rates are firm and not reviewable during their period of validity but the Seller reserves the right, outside the validity period, to change their prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced extra, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Ordered Products.
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ARTICLE 3 - ORDERS
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It is the responsibility of the Customer to select on the website www.maisonsaphar.com the Products he wishes to order, according to the following terms:
The Customer chooses a Product that he puts in his cart, Product that he may delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the procedures provided for. Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the www.maisonsaphar.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
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ARTICLE 4 - TERMS OF PAYMENT
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The price is paid by secure payment, in the following ways:
Payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.maisonsaphar.com.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be obliged to deliver the Products ordered by the Customer if the latter does not pay him the price in full under the conditions indicated above.
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ARTICLE 5 - DELIVERIES
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The Products ordered by the Customer will be delivered to metropolitan France or to the following area(s)
Europe, United States
Deliveries are made within 1 to 5 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of the phvsic possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 48 hours after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days after the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of the order and which the carrier will be able to easily access. When the Customer has himself been responsible for using a carrier he chooses himself, the delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier who is responsible for making the delivery and has no warranty recourse against the Seller in the event of non-delivery of the goods transported.
In the event of a particular request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 48 hours from delivery to make complaints by contact@maisonsaphar.fr, accompanied by all related supporting documents (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at his expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
The transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's own risk except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the property to the carrier.
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ARTICLE 6 - TRANSFER OF OWNERSHIP
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The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
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ARTICLE 7 - RIGHT OF WITHDRAWAL
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Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms specified in these GTC.
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ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
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The Products provided by the Seller benefit from:
The legal guarantee of conformity, for Products defective, damaged or damaged or not corresponding to the order, the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use
Provisions relating to legal guarantees
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Article L217-4 of the Consumer Code
"The seller is required to deliver a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. ”
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Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1° If it is suitable for the usual expected use of a similar good and, if applicable, if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”
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Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. ”
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Article 1641 of the Civil Code.
"The seller is bound by the guarantee because of the hidden defects of the thing sold that make it unsuitable for the use for which it is intended, or that reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ”
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Article 1648 paragraph 1 of the Civil Code
"The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. ”
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Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, for a refurbishment covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention. ”
In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds for replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 1 week of the conclusion by the Seller of the lack of conformity or hidden defect. This refund can be made by bank transfer or bank check.
The Seller cannot be held liable in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, that it is the Customer's responsibility to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any case, limited to the replacement or refund of Products that are not compliant or affected by a defect.
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ARTICLE 9 - PERSONAL DATA
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The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. This personal data is collected only for the execution of the sales contract.
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9.1 Collection of personal data
The personal data collected on the www.maisonsaphar.com website are as follows:
Product Order: When Ordering Products by the Customer:Last names, first names, postal address, telephone number and email address. Payment
As part of the payment for the Products offered on the website www.maisonsaphar.com, it records financial data relating to the Customer / user's bank account or credit card.
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9.2 Recipients of personal data
Personal data are used by the Seller and his co-contractors for the performance of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(s) of co-contractor(s) is (are): Transport providers Service providers payment institutions
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9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
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9.4 limitation of treatment
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
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9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
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9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures regarding digital security to protect personal data from unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
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9.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the www.maisonsaphar.com website have the following rights:
They can update or delete data concerning them as follows:
Contact us by email at the following address: contact@maisonsaphar.com. They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Seller is inaccurate, they may request the information to be updated by writing to the address indicated in Article 9.3 "Data Controller"
They may request the deletion of their personal data. in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller"
They may also request the portability of the data held by the Seller to another service provider Finally, they may oppose the processing of their data by the Seller. These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or E-mail to the Data Controller whose contact details are indicated above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the Customer must be reasoned.
The Customer is informed that in the event of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box in which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
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ARTICLE 10 - INTELLECTUAL PROPERTY
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The content of the www.maisonsaphar.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
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ARTICLE 11 - APPLICABLE LAW - LANGUAGE
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These GTC and the transactions resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
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ARTICLE 12 - LITIGES
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For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm? Event=main.home.show All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.