PRODUCT TERMS AND CONDITIONS
This page provides you with information about us and contains the legal terms on which we sell any of the products listed on our website to you. (For full information please refer to our desktop website).
1 These Terms
(a) These terms will apply to the sale and supply of any of the products listed on our website by us to you. Please read them carefully before ordering any products from our website. By ordering any of our products, you agree to be bound by these terms, and any other documents referred to within them.
(b) You should print and keep a copy of these terms for future reference.
(c) From time to time, we may amend these terms (see clause 7 below). Each time you place an order with us, please check these terms to ensure you that you understand the terms which apply at the time of placing your order.
2 Information about us
(a) The website is operated by L’ESSENTIELLE PARFUMERIE S.A.S simplified joint stock company no.922569900, and with a registered office located at 17T rue saubotte 33540 SAUVETERRE DE GUYENNE Our VAT number is FR79922569900
3 Our products
(a) The images of the products on our website are for illustrative purposes only. The products you receive may vary slightly from these images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the products.
(b) The packaging of the products may vary from that shown on images on our website.
4 Use of our website
(b) While we accept responsibility for statements and representations made by our duly authorised agents, please make sure to ask for any variations from these terms which may have been agreed, to be confirmed in writing.
(c) You may only purchase products from our website if you are at least 18 years old, and if you are legally capable of entering into binding contracts.
5 How we use your personal information
6 How the contract is formed between you and us
(a) Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
(b) You can pay for products on our website using a debit or credit card, or PayPal.
(d) If you wish to pay for the products using PayPal, select ‘Pay with Paypal’ and you will be redirected to the PayPal login page to complete the payment of the order. If you do not have a PayPal account, you can sign up at the PayPal login page before completing your order.
(e) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6(f).
(f) We will confirm our acceptance of your order by sending you an e-mail that confirms that the products have been dispatched (‘Shipping Confirmation’). It is at this point that the contract between you and us for the sale and purchase of the products ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
(g) If we are unable to supply you with a product, for example because that specific product is out of stock, or no longer available or because of an error in the price or description on our website or because we are unable to obtain authorisation for your payment, we will inform you of this by e-mail as soon as possible, and we will not process your order. If you have already paid for the products, we will refund you the full amount paid as soon as possible.
(h) We may decide, at our discretion, not to accept an order from you for any products.
7 Our right to make changes
(a) Minor changes. We may update or amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system's capabilities. These changes will not affect your use of the product.
(b) More significant changes. Where we make changes to these terms, or to the products, and such changes affect your rights under these terms or your use of the products in any material way, you will be notified when the relevant changes take effect. You may then end the contract before the changes take effect and receive a refund for any products you have paid for, but have not yet received.
(c) Please review these terms regularly to ensure you are aware of any of the changes we have made.
8 Your right to change your mind
(a) You have the legal right to change your mind and cancel your order at any time from the date the order was placed until 14 days after the day the order products were delivered to you. If the order is split into several deliveries over different days, the cancellation period is extended until 14 days after the date of the last delivery.
9 Damaged or faulty products and your other rights to terminate
(a) We are under a legal duty to supply products that conform to your order which we accepted. Therefore, if what you have bought is faulty, broken on arrival or misdescribed (minor variations do not count see clause 3(a)) and we agree with you following an examination of the returned product, then we will either replace the product free of charge or, refund you the price of the product and the postage you paid for the product and any reasonable costs you incur in returning the item to us in accordance with our refund policy (see clause 10 below). Simply return the faulty product to us unused by sending the product to the address shown in the refund policy.
(b) You also have the right to terminate the contract between you and us for the supply of any product where: • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; • there is a risk that supply of the products may be significantly delayed because of events outside of our control; • we have suspended or have notified you that we are going to suspend supply of the products for a period of more than 30 days beyond the order delivery date specified in your order confirmation email; or • where we have done something wrong or failed to do something in breach of the contract between you and us.
(c) As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau.
(a) If you end the contract with us for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must return the products to us as soon as reasonably practical and in any event within 14 days of telling us you wish to end the contract.
(b) You will be responsible for the cost of returning the products to us unless: • you are exercising your right under our Money Back Guarantee (and the delivery address for products is within the EU); • the products you received are faulty or not as described; or • if you are ending the contract because we have informed you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(c) You must take reasonable care of the products whilst they are in your possession and unless you are exercising our rights under the Money Back Guarantee, products must be returned to us unused and in their original packaging.
(d) If you choose to return any products to us, we will not be responsible for loss or damage to them in transit. If you are returning your products by post, we recommend that products are sent by registered post with your local post office or by courier so that you can track the products and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded.
(e) If products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage.
(f) We will refund to you using the same method originally used by you to pay us for your purchase.
(g) If you cancel your order in accordance with these terms you will receive a full refund of the price you paid for the products including delivery costs except as follows: • we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. next day delivery) we will not pay the difference between this method of delivery and our least expensive method of delivery; • we may reduce your refund of the price (excluding delivery costs) to reflect any deduction in the value of the products if this has been caused by your handling of the products which would not be permitted in a shop. You have a legal obligation to take reasonable care of the products while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(h) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we receive the returned products from you or (if earlier) the day you provide us with evidence that you have sent the products.
(a) Delivery charges and timescales will vary depending on the delivery address and the delivery method you select when you submit an order to us. Details of estimated delivery times are given on our website. Please read clause 16 about what happens if there is an event outside our control which results in a delay in delivery or failure to deliver the product. We will contact you with a revised estimated delivery date if there is an event outside of our control.
(b) We will use our best efforts to send you your products by the estimated delivery date set out in the order confirmation email, or, if no date is specified, then no later than 30 days following the date of your order confirmation email. If we are unable to meet the estimated delivery date we will contact you with a revised estimated delivery date.
(c) Delivery will be completed when we deliver the products to the address you gave us.
(d) If no one is available at your address to take delivery and it is not possible to leave the products securely at the premises, you will be left a note informing you that delivery has been attempted.
(e) We are responsible for the products until the point at which they are delivered to you. You are responsible for the products on delivery and will own the products once we have received your order payment in full.
(f) You should check all products you receive against your order as soon as possible. If you discover that the products are damaged or mis-described after delivery, it is advisable to tell us as soon as possible as your legal rights as a consumer vary depending on the time period.
12 International delivery
(a) We deliver to the countries listed here. However there are restrictions on some products for certain international delivery destinations, so please review the information on that page carefully before ordering products.
(b) If you order products from our website for delivery to one of the international delivery destinations we supply to, delivery charges and timescales will vary depending on the delivery location and the delivery method you select when you submit an order to us. Your order may also be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and we cannot predict their amount.
(c) You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
13 Price of products and delivery charges
(a) The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However, if we come across an error in the price of any products you ordered, please see clause 13(e) for what happens in this event.
(b) Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation.
(c) The price of a product includes VAT (where applicable) at the applicable current rate of the country where your order is being delivered.
(d) The price of a product does not include delivery charges, which you must also pay. Our delivery charges are as quoted on our website from time to time and are dependent on the delivery method you choose when you place your order. Delivery charges are available on our website, and will be displayed before you submit your order to us. Please take the time to read and check your order at each stage of the order process.
(e) Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error, and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
14 Discount and promotion codes
(a) Occasionally, we may offer special promotions (such as discounts or offers) on certain products. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
(b) To avoid disappointment, please ensure you check the terms for a promotional offer before trying to redeem it.
(c) We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
(d) Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for the products.
15 Our liability
(a) If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
(b) We only supply the products to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive products as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
16 Events outside of our control
(a) We may have to suspend performance of the contract between us if we are unable to perform our obligations due to any act, event or non-happening, omission or accident outside of our reasonable control which includes: • strikes, lock-outs or other industrial action by third parties; • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; • failure of public or private telecommunications networks; • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; • the acts, decrees, legislation, regulations or restrictions of any government; or • any failure or service outage that falls outside our control.
(b) We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency in which case we will contact you as soon as reasonably possible. If we have to suspend delivery of the product for longer than 30 days beyond the estimated delivery date then unless you agree to the revised date you may contact us to end the contract and we will refund any sums you have paid in advance for the product in accordance with our refund policy. Where we do, we will have no further liability to you.
17 Competent jurisdiction - Applicable law – Mediation
(a) The Terms and Conditions of Sale are submitted to French law, to the exclusion of the Vienna Convention on International Sales of Goods, without prejudice however to any applicable local public order regulations benefiting consumers in accordance with EU Regulation 593/2008 (“ROME I”) of 17 June 2018. In case of any dispute between Company and a customer located in the EEA that has not been resolved amicably by Company’s customer services, customer has the possibility to bring the matter before an independent dispute resolution body before going to court.
(b) In that respect and in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Company adheres to the mediation service of the Center for mediation and arbitration of Paris (“CMAP”) whose contact details are as follows: 39 avenue Franklin Delano Roosevelt, 75008 Paris (FRANCE) - http://www.cmap.fr/ Customers based in the EU, Norway, Iceland, or Liechtenstein may also file a complaint on the following website, in order to seek online dispute resolution: http://ec.europa.eu/ consumers/odr/. The European Commission will transfer complaints to the relevant national ombudsmen.
Where the dispute is not resolved amicably, such dispute shall be submitted to the competent courts of France, without prejudice to any rights the consumer may have under Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, (“Bruxelles I bis”) of 12 December 2012.