GENERAL TERMS AND CONDITIONS OF SALE
Dated March 12, 2025
1- LEGAL NOTICE
These General Terms and Conditions of Sale (hereinafter "GTC") apply to the website https://montaleparfums.com/civ/ (hereinafter the "Site").
This website is the property of the company PREMIUM DESIGN (hereinafter the "Publisher").
PREMIUM DESIGN is a limited liability company (SARL) with a share capital of 6,500,000 CFA Francs, headquartered at Marcory Zone 4C, Rue du Dr Blanchard, and registered in the Trade and Companies Register under number CI-ABIDJAN-03-2023-B12-06020.
The Seller is the company PREMIUM DESIGN.
This contract and the GTC that govern it are subject to Ivorian law, excluding any provisions that would refer to the application of foreign law more favorable to the consumer.
2- PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
2.1 Scope of the GTC
The purpose of these GTC is to define the online sales terms and conditions for MONTALE products to customers, within the framework of the relationships established on the Site. They detail all the steps necessary for placing an order and ensure the follow-up of this order between the parties.
The GTC apply exclusively to the online sale of MONTALE products on https://montaleparfums.com/civ/, which is freely and publicly accessible.
The GTC, along with the order confirmation, constitute the binding contractual documents between the parties, to the exclusion of all other documents, brochures, catalogs, or product photographs, which are for informational purposes only.
2.2 Scope of Application
The GTC apply exclusively to products delivered to customers located in Côte d’Ivoire.
The GTC and all related contractual information on the Site are written in French.
2.3 Availability and Enforceability
The GTC are available to clients on the seller’s website and are directly accessible.
By placing an order on the Site, the client acknowledges having read and accepted the GTC without reservation. This acceptance is not subject to a handwritten signature.
Order confirmation constitutes acceptance of the GTC in effect on the date of the order, a copy of which is retained and reproducible by the professional seller.
2.4 Validity of the GTC
If any clause in the GTC is declared wholly or partially invalid, the remaining provisions and rights and obligations will remain unaffected and fully enforceable.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller does not constitute a waiver of the other clauses, which shall continue to apply.
2.5 Modification of the GTC
PREMIUM DESIGN reserves the right to update the GTC at any time. However, the GTC applicable to any order are those accepted by the client at the time the order is confirmed.
3- PRODUCTS
3.1 Product Presentation
The MONTALE products available for sale are those listed on the Site. They are described and presented as accurately as possible on the date they are viewed by the customer, within the limits of available stock. PREMIUM DESIGN reserves the right to change the product selection at any time.
Each product featured in the online catalog comes with a description. Customers are advised to consult the "composition" section for more details, especially regarding characteristics they seek, as they are solely responsible for their product choices.
For any questions about product use or claims regarding quality or compliance, the after-sales team is available to assist the customer:
By email: contact@montaleabidjan.com
By mail: PREMIUM DESIGN, Rue du Dr Blanchard, Zone 4C, Marcory
3.2 Product Availability
Products are available while stocks last. Availability is indicated at the time of order on the product page. If, despite the seller’s vigilance, the products ordered are unavailable, the client will be notified as soon as possible and may be offered an alternative product of equivalent quality and price.
If the client declines, they will be reimbursed within thirty (30) days of payment.
Free samples may be included upon client request, but the seller cannot be held responsible if samples are unavailable.
Samples and gifts are complimentary and cannot be exchanged or refunded.
4- PRICES
4.1 Sale Price
All product prices listed in the online catalog are in CFA Francs, inclusive of taxes (TTC) in Côte d’Ivoire, excluding delivery and shipping fees, which are shown before finalizing the order.
The total amount payable is indicated on the order confirmation page.
The applicable price is the one in force on the order date.
For promotional offers, the seller commits to applying the promotional price for all orders placed during the promotion period.
4.2 Price Changes
The seller reserves the right to modify prices at any time but guarantees the customer the price applicable at the time of the order.
5- PAYMENT
5.1 Payment Terms
Full payment is required after order confirmation.
The customer must also pay any applicable taxes, duties, and bank fees, which are always their responsibility.
Payment is made directly through the customer service line at +225 07 77 77 39 71.
5.2 Payment Security
The Site uses secure online payment systems that encrypt customer banking information.
No banking data is stored by the seller. Only the payment processor handles and encrypts the data.
Payment is validated only after confirmation from the payment processor. If the bank refuses the transaction, the order will be automatically cancelled and PREMIUM DESIGN will be released from all obligations and liability.
Customers can download their invoice from their personal account under "My Orders."
6- ORDERING
6.1 Order Process
The Customer selects the desired Products and adds them to the cart by clicking “Add to Cart.”
They can review the order by clicking “View Cart” to check details, correct errors, or delete items.
After confirming the cart by clicking “Checkout,” delivery and payment details are provided.
The Seller is not responsible for incorrect information provided by the Customer.
The customer account gives access to a personal space to track orders and access invoices.
To finalize the order, the Customer must:
- Confirm or update the delivery and billing address,
- Read and accept the GTC by checking “I have read and accept the GTC,”
- Click “Proceed to Payment” to access the secure payment system.
Order confirmation implies acceptance of the GTC and forms the contract.
The sale is considered final once PREMIUM DESIGN confirms the order via email.
6.2 Order Cancellation
After payment, the Customer cannot modify the order.
However, if the order has not yet been processed, it may be cancelled by contacting Customer Service at +225 07 77 77 39 71 (excluding holidays).
This is subject to the Seller’s approval.
The Customer retains the right of withdrawal, as detailed in Article 8.
If applicable, cancellation will be confirmed by email, and PREMIUM DESIGN will refund any payments made.
6.3 Order Validation
The Seller reserves the right to reject orders that appear abnormal, abusive, or contrary to the GTC.
The Seller is not liable if the order process is disrupted by a virus, technical bug, or fraud. In such cases, the Seller may cancel the order.
The Customer will be notified by email and refunded any amounts paid.
6.4 Product Unavailability
In case of product unavailability, Article 3.2 of these GTC applies.
7- DELIVERY
7.1 Delivery Terms
If the Customer is eligible, the Seller delivers within the countries listed in Article 2.3.
Deliveries are handled by Yango and Jumia as defined in Article 7.3. By default, orders are delivered to the address provided. The Customer may choose delivery to a pickup point.
The Customer is responsible for consequences due to incorrect or incomplete delivery information or absence at delivery time.
The Seller is not liable for non-performance if:
- It is due to the Customer,
- It results from an unforeseeable event or a third party,
- It is due to force majeure.
The Seller commits to handing over the products to the carrier within seventy-two (72) business hours from order receipt.
In any case, delivery will occur within a maximum of thirty (30) business days after email confirmation of the order, subject to availability.
7.2 Delivery Delays
In case of absence or delay, the Customer must promptly contact Customer Service at +225 07 77 77 39 71.
7.3 Carrier
Products are delivered by Yango or Jumia to the address specified in the order.
7.4 Receipt of Products
Risk is transferred to the Customer upon delivery, when they (or a designated third party) physically receive the products.
Upon delivery, the Customer must check the conformity and condition of the order and make detailed written reservations if there are any visible issues (missing products, damaged packages).
The Customer (or designated third party) must verify the quantity and condition of products upon delivery. If the package is open or visibly damaged, or if any products are missing or incorrect, the Customer should refuse the delivery and detail the issues in writing with the carrier.
In all cases, the Customer must promptly inform the Seller to allow for an investigation and/or to file a claim with the carrier.
For missing or damaged products, the Seller will either issue a refund within 14 days or resend the affected items.
These provisions do not affect the Customer’s right of withdrawal as stated in Article 8.
7.5 Delivery Fees
All deliveries are subject to additional shipping fees, which vary by destination.
7.6 Product Returns
Customers have the right to withdraw and return products as detailed in Article 8. For returns due to reasons other than withdrawal (order error, etc.), the Customer must contact Customer Service for assistance and possible reshipment.
8- RIGHT OF WITHDRAWAL AND RETURN POLICY
8.1 General Provisions on the Right of Withdrawal
To exercise their right of withdrawal, the Customer may notify their decision and return their Products as follows:
From the date of receipt of the Products, the Customer has a withdrawal period of fourteen (14) days to return the delivered Products.
Products must be returned in their original packaging (in the box), complete, in perfect condition, and accompanied by the original purchase invoice.
In accordance with Article L221-23 of the Consumer Code, return shipping costs are the Customer’s responsibility; they bear only the direct cost of returning the goods.
To return Products, the Customer must first and necessarily send an email to the professional Seller specifying the number of the cancelled order.
The professional Seller undertakes to reimburse the Customer no later than thirty (30) days from the date the right of withdrawal was exercised.
For the purpose of the refund, the Customer must provide the Seller with their banking information.
As the return of the Products is under the Customer’s responsibility, they must ensure that the return is sent via tracked and registered mail.
8.2 Limitation of the Right of Withdrawal
In accordance with regulations, sealed cosmetic Products are not subject to the right of withdrawal if they have been unsealed by the Customer.
The Seller will not refund Products returned by the Customer that:
- Have been altered (e.g., pump used), making them unfit for resale;
- Do not correspond to the ordered Products.
9- LIMITATION OF LIABILITY
The Seller shall not be held liable for the breach of any of its obligations if such failure results from force majeure, an act or omission of the Customer, the unforeseeable and insurmountable act of a third party, or an obstacle beyond the Seller's control that could not reasonably have been foreseen at the time of contract signing and whose effects could not reasonably have been avoided or overcome.
10- AFTER-SALES SERVICE
Claims under warranty must be addressed primarily via email to the after-sales service.
See the “Contact” page for relevant contact information.
Products must be returned new, complete, and in their original condition and packaging after the claim has been received and confirmed by the after-sales service.
11- LEGAL WARRANTIES
All products supplied by the professional Seller benefit from the legal warranty of conformity and the legal warranty against hidden defects.
Under these warranties, the Seller agrees—at the consumer’s discretion—to refund or exchange Products that do not conform to the order.
12- WARRANTY EXCLUSION
If the returned Products do not correspond to the ordered Products, the Seller shall not be bound by the obligations described in Article 8.2 above.
It is hereby clarified that legal warranties do not cover damage or defects caused by external factors (accident, impact, etc.) or by the Customer’s misuse or use of the Product inconsistent with its intended purpose.
This clause also does not apply if the Products were not purchased on the Site, in which case the legal warranty is owed by the seller from whom the Products were purchased.
13- INTELLECTUAL PROPERTY
All elements reproduced on this Site that are the exclusive property of the Publisher are protected by copyright, trademark, and patent laws. Any reproduction or distribution of these elements without prior written authorization from the Publisher exposes the violator to legal action.
14- PERSONAL DATA
14.1 Collection of Personal Data
Collecting personal information (identity, username, password, email address, phone number, billing address, delivery address, payment method, etc.) is mandatory for remote sales. This data is necessary to manage the Customer’s account, process and deliver orders, and generate invoices.
Failure to provide such information will result in the automatic rejection of the order. This information may be transmitted to PREMIUM DESIGN’s commercial partners (e.g., Yango or Jumia for order delivery). It is also retained for security purposes to comply with legal and regulatory obligations and to help PREMIUM DESIGN improve and personalize its services. This data is strictly confidential.
14.2 Customer Rights
In accordance with the General Data Protection Regulation (GDPR) and Law No. 78-17 of January 6, 1978 on information technology, files, and freedoms, the Customer has the right to access, rectify, object to, and delete their personal data held by PREMIUM DESIGN. They may also exercise their rights to data portability and restriction of processing where applicable. To exercise these rights, the Customer should contact the after-sales service.
14.3 Marketing Communications
Based on the Customer’s choices when creating or managing their account, they may receive newsletters or promotional offers from PREMIUM DESIGN. If the Customer no longer wishes to receive such communications, they may request removal from the mailing list at any time via the after-sales service.
14.4 Data Retention Period
Personal data will be retained according to the following periods:
- 3 years: Data will be automatically deleted after three (3) years of inactivity on the Site.
- 13 months: For cookies, the Customer’s consent will be requested every thirteen (13) months.
- 1 to 3 months: The Customer may request rectification, deletion, or retrieval of their personal data within one (1) to three (3) months, depending on the complexity of the request.
15- DISPUTE RESOLUTION
15.1 Claims
In the event of a dispute regarding the execution of an order or difficulties in applying these GTC, the Customer is invited to seek an amicable solution by contacting Customer Service.
15.2 Jurisdiction
For any dispute relating to these GTC, Ivorian courts shall have jurisdiction, unless mandatory legal provisions assign jurisdiction to a foreign court.
16- APPLICABLE LAW
This contract and the GTC governing it are subject to Ivorian law, excluding provisions referring to the application of foreign law that may be more favorable to the consumer.