These legal terms apply to the website www.artisanparfumeur.com, owned and operated by L'Artisan Parfumeur and by PUIG, S.L., with a registered address at Plaça Europa, 46-48, 08902 L’Hospitalet de Llobregat (Barcelona, Spain), holder of Tax Identification Number B-62.059.498, recorded with the Commercial Registry of Barcelona at volume 32.009, folio 116, sheet number B-207.010 and with the following e-mail address: firstname.lastname@example.org.
This website is published by L'Artisan Parfumeur, a joint stock company [French Société Anonyme] with a capital of 15 855 059 euros, entered in the Paris Commercial Register under no. B 351 855 622, and with a registered office located at 209 rue Saint Honoré, 75001 Paris.
Email address: email@example.com
SIREN no.: 351855622 00335
Intra-community VAT no.: 351 855 622 RCS Paris
Telephone number for any complaints or queries concerning deliveries in progress: + 33 (0) 1 70 80 17 62
Managing Editor: Laurent Bravard
Host: LNC - LNC.net. 1-5 Lillie Road, London SW6 1TX
1. Field of Application
These general conditions are concluded between L'Artisan Parfumeur, a joint stock company [Société Anonyme] with a capital of 13 166 395 euros, entered in the Paris Commercial Register under no. B 351 855 622, and with a registered office at 209 rue Saint Honoré, 75001 Paris, and any natural person or legal entity, hereinafter referred to as the “Customer”.
The vendor is engaged in the sale of perfumes, eaux de toilettes and derived products.
These conditions relate only to Users who are non-commercial natural people residing in the following territory/territories: Europe (except the United Kingdom and Republic of Ireland), Asia, Oceania and Africa.
The parties agree that their relations will be governed exclusively by the present agreement, to the exclusion of any conditions previously available on the website.
The general conditions related to online sales were updated on 28 April 2010. This version cancels and replaces all previous versions.
With regard to the above reference (emphasised in bold) concerning sales of products concluded abroad, we would like to remind you that the following directives have been adopted within the intra-community territory:
- Directive 97/7/EC of 20 May 1997 (OJEC 4 June, L 144), on the protection of consumers in respect of distance contracts, incorporated into French internal law by ordinance no. 2001-741 of 23 August 2001,
- Directive 2000/31/EC of 8 June 2000, on electronic commerce
- Directive 2002/58/EC of 12 July 2002, concerning the protection of personal data, incorporated by law no. 2004-575 of 21 June 2004 in respect of trust in the digital economy.
Following revision, your general conditions of sale will in any event conform to Community law, except for the provisions specific to foreign laws which may happen to be applied in respect of these territories.
L'Artisan Parfumeur SA undertakes to honour orders received on the Internet site only within the limit of the available stock of products. If the product ordered is not available, L'Artisan Parfumeur SA undertakes to inform the customer and, if necessary, reimburse the customer without delay and no later than within thirty days following acceptance of the order placed by the customer.
Delivery timeframes are stated as precisely as possible in terms of a number of working days, but are subject to the supply situation and transport services provided by La Poste. Any delivery period indicated corresponds to the maximum number of working days within which L'Artisan Parfumeur SA undertakes to deliver the items ordered.
However, if the product has not been delivered 30 days after the guideline delivery date, the sale can be cancelled if requested by the customer, who can obtain reimbursement of the sums already paid, any indemnity or compensation being excluded (cf. article L 121-20-3 of the French Consumer Code).
4. Withdrawal period
By application of article L 121-20 of the French Consumer Code, individual customers who are natural people have a right of withdrawal that is valid for a period of seven (7) calendar days from the date of delivery, without having to state reasons and without payment of penalties except for any costs involved with the returning of the item(s). If this period ends on a Saturday, a Sunday or a public holiday, it is extended until the next working day. Important note: purchasers intending to exercise their right of withdrawal must return the product(s) intact at their own cost to: L'Artisan Parfumeur - 167 boulevard Saint-Germain 75006 Paris
5. Risks and Guarantees
L'Artisan Parfumeur SA Company bears the risks associated with transport up to delivery, i.e. up to the physical handover of the goods to the recipient as stated at the time of ordering or to the recipient’s representative accepting the goods, it being the customer’s responsibility to check the goods upon receipt in the presence of the forwarding agent, indicating any reservations observed in writing on the delivery note.
- in respect of statutory guarantees concerning hidden defects:
“the vendor remains responsible for any conformity defects of the goods to the contract and for hidden defects under the conditions envisaged in articles 1641 to 1649 of the French Civil Code” (ordinance no. 2005-136 of 17 February 2005)
- L 211-4, L 211-5 and L 211-12 of the French Consumer Code,
- and 1641 and 1648 al.1 of the Civil Code (cf. Article L 211-15 of the French Commercial Code)
The products sold conform to French legislation in force and to the standards applicable in French territory and the territory of the European Union. All the goods offered benefit from the statutory conformity guarantees (article L 211-4 ff of the Commercial Code) and hidden defect guarantees (articles 1641 to1649 of the Civil Code).
The guarantee applies as of receipt of the product by the purchaser.
The guarantees do not cover abnormal or excessive use, normal wear and tear, or corrosion of the products. In order for the guarantee to be applicable and before any goods are returned, the purchaser must immediately send notification by any written means (fax, letter, email) of the faults (hidden defect(s) and/or non conformity) attributed to the products to the customer services department of L'Artisan Parfumeur SA, at L'Artisan Parfumeur - 167 boulevard Saint-Germain 75006 Paris, and must provide L'Artisan Parfumeur SA with all means necessary to investigate and identify the defects.
Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code:
“The vendor must deliver an item in conformity with the contract and is responsible for defects of conformity at the time of delivery.
- The vendor is also responsible for conformity defects resulting from the packaging, the assembly instructions or the installation, if installation is the responsibility of the vendor under the terms of the contract, or has been carried out under the vendor’s responsibility.
In order to conform to the contract, the item must:
1° be suitable for the normally expected use of a similar product and, where appropriate:
- correspond to the description given by the vendor and possess the qualities that the vendor has presented to the purchaser in the form of a sample or model;
- have the qualities that a purchaser can legitimately expect in consideration of the public statements made by the vendor, or by the producer or its representative, particularly in advertisements or labelling;
2ºor have the characteristics jointly defined by the parties, or be suitable for any special use required by the purchaser which has been communicated to and accepted by the vendor.
Any action resulting from a conformity defect is forbidden two years after the delivery of the item.”
Article 1641 and article 1648, paragraph 1 of the Civil Code:
“The vendor is bound by guarantee concerning hidden defects of the item sold that render it unfit for the use for which it is intended, or that limit such use to an extent such that the purchaser would not have bought it, or would only have done so at a lower price, if the purchaser had known about the defects.
- Any action resulting from such hidden defects must be brought to light by the purchaser within a period of two years from the date on which the defect was discovered.”
An invoice summarising the mandatory provisions envisaged in articles L 121-18 and L 121-19 of the French Consumer Code is sent to the customer at the time of ordering and/or following registration of the order and payment of the price by the customer.
7. Personal Data
In accordance with law no. 78-17 of 6 January 1978 concerning Information Technology, Files and Rights, you have the right to access and correct the personal data that concerns you. You can exercise this right by writing to:
Boutiques L'Artisan Parfumeur - Vente à distance
167 boulevard Saint-Germain
You have the right to access, correct and delete your personal data.
- Use of data collected
No personal information is collected without your knowledge. All the personal information that we receive is communicated to us by you as you use the website, for example, when you send us a form or when you place an order. Information about your visit to our website is only stored for the purpose of statistical processing and we guarantee that no connection will be made between this navigation data and your personal data. The information collected on this website is intended for processing your request or order, and enables us to get to know you better so that we can adapt our product offer to your requirements.
The data may be communicated to other companies in the L'Artisan Parfumeur SA Group, which may contact you in order to offer you other goods or services. If you do not wish to be contacted by them, you can exercise your right to object by writing to: Boutiques L'Artisan Parfumeur - Vente à distance, 167 boulevard Saint-Germain 75006 Paris.
The information gathered by us is used for the processing of your order and to inform you about our offers. The data is sent to the customer services departments of L'Artisan Parfumeur SA and its service providers for the execution of orders. We may also send your details to other companies in L'Artisan Parfumeur SA Group. If you have stated your agreement, you may also receive offers from our partners by email.
You have the right to access, amend, correct and delete data about you (art. 34 of the law governing “Information Technology and Rights” of 6 January 1978). For any such requests, please contact: Boutiques L'Artisan Parfumeur - Vente à distance, 167 boulevard Saint-Germain 75006 Paris.
If you want to opt out of receiving future marketing messages and materials at any time, please do so by contacting Customer Services at L'Artisan Parfumeur, 209 rue Saint Honoré, 75001 Paris, or by sending an email to firstname.lastname@example.org. Alternatively, you can click the 'unsubscribe' link which is included in all of our email marketing messages.
8. Conclusion of contract
The contract between L’Artisan Parfumeur S.A. and the customer is concluded once payment is received and the goods have been delivered to the customer address.