GENERAL TERMS
GENERAL TERMS AND CONDITIONS OF SALE OF THE ANTINOMIEPARFUM.COM WEBSITE
Effective from 01/09/2021
These General Terms and conditions of Sale and the contractual relations between Antinomie and the Buyer are subject to the French law. In case of a dispute, an amicable solution will be sought before any legal action.
LEGAL NOTICE
URL: www.wordpress-1223748-4485413.cloudwaysapps.com
Drafted by the company ANTINOMIE, a public limited company with share capital of 30,000 euros, whose registered office is at 172, rue de Courcelles 75017 PARIS, registered with the Paris Trade and Companies Register under number 882 763 352
Intra-community VAT number: FR 45 882 763 352
Customer Service email address: hello@antinomieparfum.com
Contact - Phone number: Ranya MAAMER 01 78 11 06 96
Responsible for Publication: Ranya Maamer
Hosting by the company: OVH, Corporate form: SAS
Share capital of: €10,174,560.00, Head offices located at: 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France.
Registered with the LILLE METROPOLE Trade and Companies Register under number 424 761 419 00045
Phone number: 08 99 70 17 61
We welcome you to the site www.wordpress-1223748-4485413.cloudwaysapps.com (hereinafter referred to as the "Site"
We ask that you to carefully read these General Terms and Conditions of Sale (the "GTC")m as well as the confidentiality policy that governs the navigation on this Site, as well as our relations, if you order Products and services on this Site.
Any order of a Product offered on the Site supposes the consultation and the express acceptance of the GTC, without this acceptance requiring a handwritten signature on your part.
Share capital of: €10,174,560.00, Head offices located at: 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France.
For the purposes of these GTC, it is agreed that "You" or the "Buyer" refers to the person browsing the Site and/or ordering Products from the Site; "We" or the "Seller" refers to the company identified in the legal notice above; the Buyer and the Seller shall be collectively referred to as the "Parties" and individually referred to as the "Party.
TABLE OF CONTENTS
- Purchase conditions
- Products - prices
- Order registration and validation
- Payment
- Delivery and receipt
- Order compliance
- Right to retract
- Personal data
- Various stipulations
1. Purchase conditions
The Products and services that we offer on the Site are reserved for persons (i) of legal age (or minors holding authorisation from their legal representative allowing them to place an order on the Site) and (ii) having full legal capacity to place orders on the Site. We reserve the right at any time to ask you for proof of identity attesting to your age and/or the aforementioned authorisation of your legal representative. We reserve the right not to respond to an order and/or to exclude from our customer/prospect database, a Buyer who has not responded to the above request or who has not complied with the principles set forth in this clause.
It is specified that the Products are intended for personal use by the Buyer, which must not be related to the professional activity of the latter, including any resale of the product.
2. Products - prices
2.1 Products
The products offered for sale on the Site, as well as the accessory services that may be attached to them (the "Products"), are those that appear on the Site on the day the Buyer consults the Site.
In case of the unavailability of a Product, You are informed of this unavailability:
or, when the order is placed: a message is displayed indicating that the desired Product is temporarily unavailable,
or, following the validation of the order and before the delivery, by e-mail.
If the order is validated by the Buyer, he is then informed of the choice he has, namely (i) to be delivered a partial order or (ii) to cancel the entire order.
The Buyer then has 48 (forty-eight) hours from receipt of the informational e-mail sent by the Seller to confirm via the procedure proposed by the Seller:
cancellation of the entire order,
or the shipment of the partial order under the specific delivery conditions specified by the Seller.
After this 48- (forty-eight) hour period, and if no request from Buyer has been sent to Seller via the procedure specified by Seller, the partial order shall be shipped to Buyer and delivered to Buyer at the standard delivery rate indicated in the table in the "Price" section below. The portion of the price corresponding to the unavailable Products shall then be refunded to the Buyer within a maximum of fourteen (14) days from the notification of unavailability sent to the Buyer according to the payment method used by Buyer.
In the event that the Buyer requests the cancellation of his/her entire order, the Seller undertakes to reimburse the Buyer for the sums paid by the latter within a maximum period of fourteen (14) days from the date of receipt of his request, depending on the method of payment used by the Buyer.
2.2 prices
The prices are indicated in euros (€) and are valid in Metropolitan France, Corsica, and Monaco. They take into account possible reductions as well as V.A.T., applicable to the day of the order.
The prices indicated do not take into account the costs of handling and delivery, which will be invoiced in addition to the order. These costs are brought to the attention of the Buyer before the validation of the order.
It is specified that any promotions granted in the form of coupons are only valid for one order per household and for a given period of validity and cannot be combined with other discount offers.
The Seller reserves the right to modify its prices at any time, but the Products are invoiced on the basis of the prices in force at the time of the order, subject to the availability of the Products. The Products remain the property of Antinomie until the complete payment of the price.
The price of Products shipped outside the European Union and French overseas departments and territories will be calculated exclusive of tax on the invoice. In this case, the Buyer is considered as the importer of the Products. In the event that customs duties, import taxes, or other taxes are payable due to the geographical destination of the Products, these costs are the responsibility of the Buyer, who is recommended to carry out the necessary checks and procedures prior to validating his/her order.
You have the possibility to give your opinion and to recommend each Product. You also have the possibility to consult the opinions and recommendations of other Internet users. The opinions and recommendations expressed for each Product correspond to the average of the notes and recommendations of the Internet users who answered each question, and are only binding for them. These opinions and recommendations can in no way constitute a contractual element on the part of the Seller.
The stars appearing on the Site next to the Products represent the average of the notes, at a given moment, left by the people who expressed themselves on our Site about this Product. They are therefore likely to change every day.
3. Order registration and validation
3.1 Terms of the order
To place an order, the Buyer must first connect to the Site.
The Buyer then has the possibility of taking note of the various Products offered for sale on the day the Site is consulted and to choose his/her Products by (i) navigating in the various categories of Products or (ii) by directly entering the name of the Product in the search engine or (iii) by clicking on one of the pages in the site map present at the bottom of each page, and thus accessing the whole range of Products.
While browsing the Site, the Buyer wishing to place an order can do so by simply clicking on the button to add the Product to the shopping cart.
As soon as this operation is completed, the Buyer will see the number of Products in his/her basket. We draw the attention of the Buyer to the fact that the contents of the basket may be subject to an expiration period.
The Buyer can then continue his/her visit or click on his/her shopping cart to see the contents of his/her cart displayed on the screen, including all the elements of the order and, in particular, the essential characteristics of the Products, the total amount of the order, the billing and delivery details, the delivery times, costs, and any restrictions, as well as the rights and legal guarantees available to the Buyer.
The Buyer can come back to this order, complete it, modify it, cancel it as long as he/she has not validated it. If the Buyer wishes to choose other Product(s), he/she can continue browsing the Site, being assured that the Product(s) he/she has just selected is/are indeed kept in his/her shopping cart.
The Buyer has the possibility, at any time during the process of the order - namely until the effective payment of the latter, under the conditions envisaged in these GTC - to return, supplement, modify, or cancel this order, as long as it has not been definitively validated.
Once the selection of Products is complete, the Buyer can order them by validating the order via the button provided for this purpose. A new page will then open inviting the Buyer to either:
- Fill in his/her login (e-mail address) and password if the Buyer is already registered on the Site;
- Fill in a personal data collection form accurately by filling in the mandatory fields, in particular Surname, First Name, E-mail Address, Billing Postal Address, Delivery Postal Address (address where the delivery can be made during working hours, Monday to Friday in France).
The Buyer undertakes to complete in good faith the form made available to him/her. The Buyer acknowledges that the data he/she communicates to the Seller and that are stored in the Seller's and/or its subcontractors' information systems are accurate and constitute proof of his/her identity. It is reminded that these personal data are governed by the Personal Data Policy accessible here (link).
After taking note of the status of his/her order, the Buyer is invited:
either to click on the button for payment of the order, under the conditions described in these GTC,
or to click on the button to modify the basket and/or the information relating to his/her personal contact information.
By clicking on the button for payment of the order, the Buyer must first read these GTC, and then confirm his/her agreement to all of the GTC by confirming the acceptance required on the Site (such as by checking a box).
As soon as the Buyer confirms his/her acceptance of the GTC, a web page dedicated to the payment of the order will open.
The Buyer must then proceed with the payment of his/her order under the conditions described in these GTC.
It is specified that by choosing immediate payment by credit card, as provided for in Article 4 below, the Buyer will then be automatically switched to the payment server of the payment provider. The payment provider's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to payment methods as effectively as possible, and at no time will the Buyer's banking data be transmitted on the Seller's computer system. The Seller is therefore not responsible for the data.
The data recorded by the Seller constitutes proof of all transactions between the Seller and the Buyer.
3.2 Confirmation of the order
Once the order has been confirmed and payment validated in accordance with the terms and conditions set out below, a printable and recordable summary of the Buyer's order will be displayed, mentioning in particular the references of the order.
An order confirmation e-mail is sent as soon as possible by the Seller to the e-mail address provided by the Buyer and that includes the following information:
the identity of the Seller as well as its contact information,
the reference of the order registered at the time the order was placed,
the summary of the order and the essential characteristics of the products,
delivery times, costs, and possible restrictions,
the total amount of the order, all taxes included,
the legal rights and guarantees available to the Buyer,
confirmation of payment.
The Seller retains ownership of the Product(s) ordered until full payment of the price and its accessories, including shipping costs by the Seller. In case of payment incidents, the Buyer will return to the Seller the received products at the first request.
In order to protect the Seller from abusive practices by fraudsters, and in the event that the Seller or the online payment provider suspects the fraudulent nature of an order, they reserve the right to ask the Buyer (prior to processing the order) for additional documents (in particular, proof of residence and proof of payment in the name of the Buyer, a photocopy of the Buyer's identity card, a photocopy of the Buyer's bank card) in order to verify the non-fraudulent nature of the order.
In the absence of a response from the Buyer within fifteen (15) days following the request by the Seller or the online payment provider, the order will be cancelled and the Seller will proceed, within fourteen (14) days following the expiration of the aforementioned period, with reimbursement of the order, according to the payment method used by the Buyer.
3.3 Proof of the order
It is expressly agreed between the Seller and the Buyer that e-mails are deemed authentic between the Parties, as are the automatic recording systems used on the Site, particularly as regards the nature and date of the order.
The Buyer may access, if necessary, in accordance with the rules of common law, the electronic contract concluded between the Buyer and the Seller. To do so, the Buyer shall contact the Customer Service Department, to which it shall provide all the information necessary to do so, in particular the order number and contact details.
4. Payment
The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the web page dedicated to this purpose and then transmitted by e-mail by the Seller to the Buyer.
The Buyer has the choice during the validation of the order, as specified above, among different methods of payment.
Payment can be made:
immediately online by credit card (Visa, Amex, Mastercard) or by PayPal account;
The order is validated by the Seller only after acceptance of the GTC and verification and confirmation of the validity of the payment.
In any event, the Seller reserves the right to refuse any order or any delivery in the event of (i) exceeding the ceilings indicated in the "Terms of Purchase" article herein, (ii) an existing dispute with the Buyer, (iii) total or partial non-payment of a previous order by the Buyer, (iv) refusal to authorize payment by credit card by banking organizations, (v) non-payment or partial payment.
In the case of a preparation time of more than four days, the amount due will be automatically captured for credit card payments. Payments by PayPal are captured immediately upon ordering.
In case of the unavailability of product(s) or cancellation for any other reason, our Customer Service will proceed to the refund by the same means of payment as the one used for the initial transaction within an average delay of two days and before a delay of 14 days according to the European directive in force. The customer will be notified at the email address used when placing the order.
5. Delivery and receipt
5.1 Terms of delivery
Once the order is prepared, it is shipped to the postal address provided by the Buyer when placing the order.
The Products are delivered by the postal services or by a specialized service provider (depending on the case and/or the delivery options selected) (hereinafter the "Carrier"). In case of the absence of the Buyer, the Carrier leaves a notice of passage in the mailbox of the Buyer. The Buyer must then contact the Carrier again to agree on a new delivery date. It is nevertheless specified that if the Buyer does not contact the Carrier again, the latter shall carry out two new delivery attempts, the date and time of which shall be determined by the Carrier at its discretion.
The Buyer is informed that the package is kept by the Deliverer for a period of ten (10) days after the first presentation.
5.2 Deadlines
The processing times are only for working days (Monday to Friday and excluding Sundays and public holidays). Orders paid by credit card are processed within a maximum of four working days. As of the processing of the order, the corresponding Products are forwarded by the Carrier within the following times:
- delivery by Standard Colissimo: two to three working days,
- delivery by Point Relais : three to four working days
COVID-19 measures: delivery times may be impacted.
An order is only sent once it has been processed.
In any case, the order is executed within a maximum of thirty (30) days from the day following the day when the Buyer validated the order, subject to full payment of the price and in compliance with the conditions of purchase defined in the article "Conditions of Purchase" of these GTC.
In the absence of delivery at the end of this period, the Buyer has the possibility of cancelling the order under the conditions provided for in the article "Delivery Delay" below.
5.3 Delivery delay
If the maximum delivery time of thirty (30) days is exceeded, the Buyer may exercise his/her right to cancel the order with the Customer Service Department.
Upon exercise of the right of withdrawal, the Seller shall refund all sums paid by the Buyer (including delivery charges), according to the method of payment used, within a maximum period of fourteen (14) days from receipt of the withdrawal, to the exclusion of any other compensation.
In case of partial delivery, the delivery can be made in several times, and this right concerns only the undelivered balance of the order.
Any delay in delivery must be reported as soon as possible by the Buyer via e-mail, so that the Seller can make an inquiry with the Carrier. The Buyer is informed that the duration of an investigation is random and can be relatively long.
If during this investigation the order is found, it is immediately redirected to the delivery location designated in the order.
If, at the end of this investigation, the loss of the order is confirmed, the Seller will refund the amount collected from the bank account or PayPal account debited at the time of the order by the Buyer.
5.4 Reception
Each delivery is deemed to have been made as soon as the Product(s) is (are) made available to the Buyer by the Carrier.
It is the responsibility of the Buyer to verify immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped.
Any anomaly/reservation identified at the time of delivery (in particular, in case of late delivery, a missing or damaged product) must be reported in a complete and precise manner by the Buyer on the receipt given by the Carrier at the time the Products are made available and/or confirmed by registered letter to the Carrier within three (3) days following receipt of the order.
Any such reservation must be notified in parallel and as soon as possible to the Seller's Customer Service. A copy of the complaint addressed to the Carrier must be attached.
6. Legal guarantees
In accordance with Articles L 211-4 and following of the Consumer Code, the Seller is required to deliver goods in conformity with the order placed by the Buyer and must respond to defects in existing at the time of delivery of the latter.
As such, in order to comply with the contract, the property must:
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable:
correspond to the description given by the Seller and possess the qualities that the Seller has presented to the Buyer in the form of a sample or model;
have the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, particularly in advertising or labelling;
(2) Or have the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.
Similarly, in accordance with Article 1641 of the Civil Code, the Seller is liable for hidden defects in the item sold that make it unsuitable for the intended use, or that so diminish this use that the Buyer would not have acquired it, or would have given a lower price, if he/she had known about them.
If the delivered Products are not in conformity with the Products ordered by the Buyer or if they present hidden defects, the Buyer must send an e-mail to the Seller's Customer Service to report the non-conformity or the hidden defects of the Product(s). In accordance with article L 211-12 of the French Consumer Code and 1648 paragraph 1 of the French Civil Code, the Buyer has a period of two years from the delivery of the purchased Products to exercise the warranty against hidden defects or the legal warranty of conformity. Any claim made after this period of 2 (two) years from the date of taking possession of the goods in case of non-conformity or from the discovery of the defect in case of latent defects will be rejected and Antinomie will be released from any responsibility.
The Seller's Customer Service Department shall acknowledge receipt of Buyer's request and confirm the procedure to follow. Upon receipt of the instructions from the Seller's Customer Service, the Buyer shall return the non-conforming Products or Products affected by a defect to the Seller at the following address:
172 rue de Courcelles 75017 Paris, France.
The Product(s) must be returned (i) complete, unused, in its (their) original, undamaged packaging, and (ii) accompanied by its (their) original packaging, as well as the return form provided by the Seller's customer service and the invoice.
Moreover, the Seller does not accept packages sent with postage due. Any risk related to the return of the Product(s) is the responsibility of the Buyer.
Upon receipt of the allegedly non-conforming Product(s) or Product(s) affected by a latent defect, the Seller shall carry out an inspection of the Product(s) to ascertain the conformity or otherwise of said Products. Likewise, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the Product(s) returned are indeed original Product(s). It is understood that these checks are carried out as soon as possible and within a maximum period of one (1) month.
If the non-conformity of the Product(s) is confirmed or if the defect is proven, the Seller will proceed, at the Buyer's choice:
either with the reimbursement of the non-conforming Product(s) or affected by a defect as well as the shipping costs, according to the payment method used by the Buyer, within fourteen (14) days after the reception of the non-conforming Product(s),
or to the exchange of the non-conforming Product(s) or affected by a defect at the request of the Buyer. The shipment of the Product(s) to Buyer shall be made at Seller's expense and in accordance with the terms of these GTC.
7. Right to retract
The Buyer has a cooling-off period of fourteen (14) days from the date of actual receipt of the order to return the Product(s) ordered, without having to give reasons or pay penalties.
Upon receipt, the Seller shall acknowledge receipt of such a request by sending an e-mail or letter.
The complete, unused product(s), in its (their) original, undamaged packaging and, as far as possible, accompanied by its (their) original packaging as well as the return slip and the invoice. If the products are not returned within fourteen (14) days from the day of the effective receipt of the order, the order is deemed final and no refund will be possible, except in the cases provided for in these GTC.
The Seller undertakes to reimburse the Buyer for all sums paid. The refund will be made according to the method of payment used by the Buyer, within a maximum of fourteen (14) days after the Buyer exercises his right of withdrawal.
However, the refund of this amount may be deferred until the returned goods are recovered.
For further information on the scope, content and instructions on how to exercise the Buyer's right of withdrawal, the Buyer may contact the customer service department by e-mail.
8. Personal data
8.1 Personal information
The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is only used by the Seller or its subcontractors, who are subject to the same obligations as for the processing of orders placed and in accordance with the Personal Data Policy accessible here (link).
In accordance with the Data Protection Act of 6 January 1978 as amended, it is recalled that the Buyer has a right of access, rectification, and deletion of data concerning him/her, opposition and limitation of the processing of such data collected.
To exercise this right, the Buyer may send an e-mail to the Seller's Customer Service or by mail to the following address : Contact of the Data Protection Officer: dpo@antinomieparfum.com.
The Buyer may receive from the Seller information e-mails about the Seller's products and activities, if the Buyer has previously consented. The Buyer retains the right to refuse such communication either a priori by not giving his consent at the time of validation of the order, or a posteriori by expressing his refusal by e-mail to the Customer Service.
8.2 Cookies
The Site resorts to the use of cookies. Cookies are computer files stored on the hard drive of the Buyer's computer. For more information on the use of cookies by the Seller on this Site, we invite you to read the information available here (link to information note on cookies).
9. Various stipulations
9.1 Force majeure
Neither Party shall be liable for the total or partial non-performance of its obligations under this Agreement, if such non-performance is caused by an event constituting force majeure.
Events meeting the criteria set by the case law of the Court of Cassation and the legislation are considered force majeure.
The Party invoking an event constituting force majeure shall notify the counter-Party within five (5) working days of the occurrence of such event.
The Parties agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order during the period of the force majeure event.
After a period of one (1) month of interruption due to force majeure, the Seller may not honour the order, and shall reimburse the Buyer if necessary.
9.2 Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other provisions retain all their force and scope.
9.3 Entire contract
These GTC and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
9.4 Amendments to the GTC
The Seller can update these GTC at any time. Such an update being the subject of a prior and specific notification on the Site.
9.5 Applicable law
The present GTC and the contractual relations between the Buyer and the Seller are subject to French law.
If you have not found an answer to your question, our Customer Service will be happy to help you at the following email address: customer service email