GENERAL TERMS AND CONDITIONS OF SALE
Dated November 17th 2022
1- LEGAL NOTICES
These General Terms and Conditions of Sale (hereinafter "GTCs") are applicable to the Website www.montaleparfums.com (hereinafter the "Website").
This Website is owned by CLD CREATION LUXE DESIGN (hereinafter the "Publisher").
CLD CREATION LUXE DESIGN is a company incorporated under French law, with capital of 500,000 euros, whose registered office is located at 68 rue Pierre Charron 75008, Paris and registered with the Paris Trade and Companies Register under number: B 511 450 421 00033.
The Seller is CLD CREATION LUXE DESIGN (hereinafter "CLD (CREATION LUXE DESIGN)").
This contract and the GTCs governing it are subject to French law, with the exception of provisions which refer to the application of a foreign law that is more favourable for the consumer.
2- PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
2.1 Scope of the General Terms and Conditions of Sale
The purpose of these GTCs is to define, due to the relations they establish on the Website, the terms and conditions of the online sale of MONTALE Products to Customers. They determine all the stages required to place the order and track said order between the Parties.
The GTCs are applicable exclusively to the online sale of MONTALE Products on the Website www.montaleparfums.com which can be accessed free of charge by any Internet user.
These GTCs constitute, together with the purchase order, contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, catalogues or photographs of the Products which are for information purposes only.
2.2. Scope of the GTCs
The GTCs are exclusively applicable to Products delivered to Customers located in the following countries: Metropolitan France and Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Lichtenstein, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
The GTCs and all the contractual information mentioned on the Website are written in French.
For Products ordered for delivery to the United Kingdom, the applicable law is UK law.
2.3 Availability and enforceability of the GTCs
The GTCs are made available to Customers on the Seller's Website, where they can be consulted directly.
By placing an order for a Product on the Website, the Customer acknowledges having read the GTCs and accepted them unreservedly. This acceptance is in no way conditional on a handwritten signature by the Customer.
Validation of the order by its confirmation constitutes acceptance by the buyer of the GTCs in force on the day of the order, which are stored and reproduced by the professional Seller.
2.4 Validity of the GTCs
If any one of the provisions of these GTCs is declared null and void in whole or in part, the other provisions and rights and obligations arising from these GTCs shall remain unchanged and applicable.
The temporary or permanent non-application of one or more clauses of the GTCs by the professional Seller shall not constitute a waiver by said Seller of the other clauses of the GTCs, which shall continue to have effect.
2.5. Changes to the GTCs
CLD CREATION LUXE DESIGN reserves the right to update the GTCs at any time. However, it is understood that the GTCs applicable to any order are those accepted by the Customer at the time of order confirmation.
3- PRODUCTS
3.1 Presentation of the Products
The MONTALE Products offered for sale are those appearing on the Website. They are described and presented with the greatest possible accuracy on the day the Customer consults the Website and within the limit of available stocks. CLD CREATION LUXE DESIGN reserves the right to change the selection of Products for sale at any time.
Each Product offered for sale presented in the catalogue published on the Website is accompanied by a description. The Customer is advised to consult the description of each Product by clicking on the words "composition " in order to find out more about the Product concerned – in particular vis-à-vis the characteristics sought by the Customer – because the Customer is solely responsible for the choice and purchase of a Product.
For any questions related to the use of our products, or for any claims concerning their quality or compliance, the After-Sales Service team is available to assist the customer. The customer can contact the service through the following means:
- By email: sav@montaleparfums.com
- By postal mail: CLD, Création Luxe Design
68 rue Pierre Charron, 75008 Paris, France
3.2 Product availability
The Products are offered within the limit of available stocks. Information on the availability of the Products is provided when placing the order, on the "Product" page. If it turns out that despite the Seller's vigilance, the Products ordered are no longer available, the Seller shall inform the Customer as soon as possible, by any means, and may offer the Customer a Product of an equivalent quality and price.
In the event of disagreement, the Customer shall be reimbursed no later than thirty (30) days from the payment of the sums paid.
Any order for a cosmetic Product may be accompanied by free samples after mandatory customer validation. However, the Seller may not be held liable in the event of unavailability of the samples.
Samples and other gifts are considered free, goodwill gestures for Customers. They cannot be exchanged or reimbursed.
4- PRICE
4.1. Sale price
The sales prices are indicated, for each of the Products appearing in the electronic catalogue, in euros including all taxes for the following countries: Metropolitan France and Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Germany, Estonia, Finland, Holy See, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Lichtenstein, Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden excluding shipping and transport costs mentioned before order validation and charged in addition.
The sale prices are indicated for each of the Products listed in the electronic catalog, in euros excluding taxes for the following delivery addresses : United Kingdom, Norway and Switzerland. These countries are subject to customs formalities for import and export. Customs charges may be applied.
The total amount due by the Customer is indicated on the order confirmation page.
The sale price of the Product is the price in force on the day of the order.
In the event of a promotion on prices, the professional Seller undertakes to apply the promotional price to any order placed during the promotion period.
4.2. Change to the sale price
The Seller reserves the right to change its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
5- PAYMENT
5.1 Payment terms
The price is payable in full after confirmation of the order.
The Customer must also pay the mandatory taxes and duties as well as any bank charges, which shall always be borne by the Customer.
Payment is made immediately upon order by bank card, by an ‘e-bleue’ credit card or via PayPal.
5.2 Securing the payment
The Website has an online payment security system allowing the Customer to encrypt the transmission of their banking information.
No banking information will be recorded by the Seller. Only the issuing body is responsible for entering and encrypting said data.
Payment will be considered as validated after confirmation of the payment agreement made by the issuing body. In the event of refusal by the bank, the order will be automatically refused and CLD CREATION LUXE DESIGN will therefore be waived of any obligation and liability vis-à-vis the Customer.
The Customer can download their invoice from their personal space in the "my orders" section.
6- ORDER
6.1 Order conclusion stages
The Customer is invited to select the chosen Products and put them in the shopping basket by clicking on the "Add to basket " button.
The Customer can view the summary of their order at any time by clicking on the button "View Basket". At this stage, the Customer can check the details of their order, identify and correct any data entry errors made or remove one or more Product(s).
After validating the basket by clicking on the "Order" button, the Customer is informed of the information relating to the delivery and the payment terms.
The Seller may not be held liable for the inaccuracy of the information provided by the Customer.
The Customer account will provide access to a personal space where Customers can track their orders and access invoices.
In order to finalise the order, the Customer:
• must confirm their delivery and billing address or indicate a new delivery and/or billing address,
• must read these GTCs and explicitly accept them by ticking the box "I have read and I accept the GTCs" before paying for their order,
• is then invited to pay the amount of their order by clicking on the "Proceed to payment" button providing access to the secure payment of their order.
Confirmation of the order entails acceptance of the GTCs and forms the contract.
The sale will only be considered final after the Seller has confirmed acceptance of the order by email to the Customer, to the email address provided by the Customer, with said Customer formally accepting the use of email for the confirmation by CLD CREATION LUXE DESIGN of the content of their order.
6.2 Order cancellation
Once payment has been made, the Customer cannot amend their order.
However, if the order preparation process has not been carried out, the Customer may cancel their order by contacting the Customer Service Department by email at the following address: sav@montaleparfums.com, or by telephone from Monday to Friday (excluding public holidays) on +33 1 40 70 07 09.
Any request is subject to acceptance by the professional Seller.
The Customer always has the option of exercising their right of withdrawal, the terms of which are described in Article 8 below.
In this case, the Customer will be informed by email of the cancellation of their order and, where applicable, will be reimbursed by CLD CREATION LUXE DESIGN the amount paid prior to cancelling their order.
6.3. Order validation
The Seller reserves the right to refuse to honour the order in cases where it is abnormal, abusive or contrary to the provisions of the GTCs. Similarly, the Seller shall not be held liable if the proper administrative and/or technical performance of an order on the Website is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the Seller’s control, or if there appears a strong presumption of fraud or if fraud has occurred in any form whatsoever, particularly electronically. In this case, the Seller shall reserve the right to interrupt or cancel the order in progress. Under these circumstances, the Customer will be informed by email of the cancellation of their order and, where applicable, will be reimbursed for the sums that they have paid prior to the cancellation of their order by the Seller.
Any order via Sovereign SNS/ARAMEX/OUTALMA AER EXP or any exporting company will be cancelled immediately. The Customer account will be permanently blocked. Sending our Products from Europe to countries not specified in our delivery terms and conditions is not allowed.
6.4 Unavailability of the Products ordered
In the event of the unavailability of the Products ordered, the conditions set out in Article 3.2 of these GTCs shall apply.
7- DELIVERY
7.1 Delivery terms
When the Customer is eligible for delivery, the Seller undertakes to deliver to the countries mentioned in Article 2.3 of these GTCs.
The Seller delivers the Products via the Carrier "GLS" defined below in Article 7.3 of these GTCs. By default, the Products ordered are always delivered to the address indicated by the Customer. After placing the order, the Customer may change the delivery location and choose delivery at a pick-up point.
The Seller undertakes to ensure the proper execution of the order.
The Customer shall bear the consequences (delivery delay, impossibility of delivering, return of Products, additional transport costs, etc.) resulting, where applicable, from the incorrect and/or incomplete nature of the information provided by them for the delivery and/or absence of the Customer at the time of delivery.
The Seller shall not be held liable for the proper performance of the order if they can prove that the non-performance or improper performance of the contract is due to:
• The Customer;
• An unforeseeable and insurmountable action by a person extraneous to the contract;
• A case of force majeure.
The Seller undertakes to hand over the Products to the Carrier within seventy-two (72) working hours following receipt of the order.
Notwithstanding the above, delivery shall be made within a maximum period of thirty (30) business days from receipt of the order confirmation email, subject to availability of the Products, as indicated to the Customer at the time of the order.
7.2 Delivery delays
In case of non-delivery or a delay, the Customer must contact the Customer Service Department by email at the following address: sav@montaleparfums.com, or by telephone from Monday to Friday. (excluding public holidays) on +33 1 40 70 07 09, as soon as possible.
7.3 Carrier
The Products are delivered to the address provided by the Customer on the purchase order.
Delivery is made by the Carrier GLS.
7.4 Receipt of Products
The risks to the Products shall pass to the Customer upon delivery, i.e. at the time when the Customer (or any third party designated by them) physically takes possession of the Products concerned.
Upon delivery of the order, the Customer must ensure the conformity of said order in the presence of the Carrier and, where applicable, raise any reservations concerning apparent defects (missing Product, damaged parcels).
The Customer (or any third party they have designated) is also responsible for checking the number and condition of the Products upon delivery by the Carrier. If the package received is open or visibly damaged, or if all or part of the Products in the parcel are damaged or do not correspond to the order, the Customer (or any third party they have designated) is invited to refuse receipt of the package or Products concerned and to issue, in writing, the necessary reservations to the Carrier (opened, damaged or missing parcel(s) or item(s) or not compliant with the order, etc.).
The Customer also undertakes to notify the Seller of this by email at the following address: sav@montaleparfums.com, or by telephone from Monday to Friday (excluding public holidays) on +33 1 40 70 07 09, in order to allow the Seller to proceed with an investigation of Carrier and/or to exercise remedies vis-à-vis the Carrier within the deadlines provided for by the regulations in force, where applicable.
In the event of missing Products, refusals or returns of a Product by the Customer under the abovementioned circumstances, the Seller shall either issue a refund for the Product(s) concerned within 14 days, or re-ship the damaged/missing Product(s).
It is hereby specified that the abovementioned provisions do not deprive the Customer of the separate right of withdrawal, as provided for in Article 8 below.
7.5. Delivery charge
For all deliveries, an additional shipping fee is added to the total order. The amount of said fee differs depending on the country of destination.
Metropolitan France:
• Orders up to €125: €6
• Orders over €125: Free.
Europe:
*Delivery rates vary depending on the zone concerned (see here)
• Zone 1: €8/Free delivery over €125
• Zone 2: €10/Free delivery over €125
• Zone 3: €12/Free delivery over €125
• Zone 4: €20/Free delivery over €190
United Kingdom:
Zone 2: €10/This country is subject to customs formalities for import and export.
Customs charges may be applied.
7.6 Product return
The Customer shall benefit from a right of withdrawal allowing them to return the Products to the Seller without providing a reason, under the conditions set out in Article 8 below.
For any reason other than the right of withdrawal (error with the content of the order, etc.), the Customer is invited to contact the Customer Service Department, which will give them the necessary information to satisfy their request as soon as possible and to perform a new delivery, where applicable.
8- RIGHT OF WITHDRAWAL AND RETURN POLICY
8.1 General provisions vis-à-vis the right of withdrawal
In order to exercise their right of withdrawal, the Customer may notify their decision to withdraw and return their Products as follows:
From receipt of the Products, the Customer has a withdrawal period of fourteen (14) days to return the delivered Products.
The 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 French Consumer Code, the costs of returning the Product(s) are borne by the Customer. Said Customer shall only bear the direct costs of returning the goods.
To return the Products, the Customer must first send an email to the professional Seller specifying the number of the cancelled order, at the following address: sav@montaleparfums.com
The professional Seller undertakes to reimburse the Customer no later than thirty (30) days following the date on which the right of withdrawal was exercised.
For the purposes of reimbursement, the Customer will communicate their bank details to the professional Seller.
As the Customer is responsible for returning the Products, the Customer is therefore responsible for ensuring the return is tracked and sent by recorded delivery.
8.2 Limit to the right of withdrawal
In accordance with the regulations, sealed cosmetic Products are not subject to the right of withdrawal if the seal has been removed by the Customer.
The Seller shall not refund Products returned by the Customer that:
• Have been altered (e.g. pump primed): making the goods unfit for sale;
• Do not correspond to the Products ordered.
8.3 UK Right of Withdrawal
In accordance with Article 34 of the Consumer Contracts (Information, Cancellation and additional charges):
https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
• For orders placed for the United Kingdom, the Customer has a withdrawal period of fourteen (14) days.
• The return costs shall be borne by the Customer.
For information purposes, since the United Kingdom is no longer part of the European Union, the Customer acknowledges that the cost and return procedures are significant and particularly expensive. The Seller will not cover the cost of returning the goods from the United Kingdom.
All return costs and risks of delivery of the Products from the United Kingdom shall be borne by the Customer. The latter shall remain solely responsible for the goods until they are received at the following address: 68 rue Pierre Charron 75008, Paris.
9- LIMITATION OF LIABILITY
The Seller shall not be held liable for the breach of any of its obligations if the improper performance of the contract results from a case of force majeure, a fault or omission by the Customer, due to the unforeseeable and insurmountable act of a third party to the contract, or an obstacle beyond the Seller’s control which the latter could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot be reasonably avoided or overcome by the Seller.
10- AFTER-SALES SERVICE
Claims made under guarantee must be sent as a priority by email to the after-sales service: sav@montaleparfums.com A telephone service is also available from Monday to Friday (excluding public holidays): +33 1 40 70 07 09. The Products must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales department.
11- LEGAL GUARANTEES
All products supplied by the professional seller benefit from the legal guarantee of conformity and the legal guarantee against hidden defects. Under these guarantees, the professional seller undertakes, at the consumer's discretion, to reimburse or exchange products that do not correspond to the order.
12- EXCLUSION OF GUARANTEE
If the Products returned by the Customer do not correspond to the Products ordered, the Seller shall not be bound by its obligations described in Article 8.2 above.
It is stipulated, for all intents and purposes, that the legal guarantees do not cover damage or defects resulting from an external cause (accident, impact, etc.) or a fault by the Customer resulting from a non-compliant and/or inappropriate use of the Product.
Similarly, this article does not apply if the Products have not been purchased on the Website, as in this case the legal guarantees are due by the Seller who sold the Products.
13- INTELLECTUAL PROPERTY
The elements reproduced on this Website, which are the exclusive property of the publisher, are protected by copyright, trademark and patent law.
Any reproduction or dissemination of these elements, without the publisher’s prior written authorisation, exposes the offenders to legal proceedings.
14- PERSONAL DATA
The provision of the personal information collected (identity, username, password, email address, telephone number, billing address, delivery address, payment means, etc.) in the context of distance selling is mandatory, as this information is necessary to manage the Customer account, the processing and delivery of orders, as well as for preparing invoices.
Failure to provide said information implies automatic rejection of the order. This information may be sent to partners, particularly commercial partners of CLD CREATION LUXE DESIGN (for the routing of orders, in particular: GLS). This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable CLD CREATION LUXE DESIGN to improve and personalise the services offered and the information sent to the Customer. This information is strictly confidential.
In accordance with the General Data Protection Regulation (GDPR) and French Law No. 78-17 of 6 January 1978 on data protection, the Customer has the right to access, rectify, object and erase data concerning them with CLD CREATION LUXE DESIGN as well as the right to limitation and portability, when applicable. In order to exercise these rights, the Customer must contact:
• sav@montaleparfums.com
Depending on the choices made by the Customer during the creation or consultation of their account, said Customer will be offered several options, notably allowing them to receive newsletters or offers from CLD CREATION LUXE DESIGN. If the Customer no longer wishes to do so, they may make a request at any time to CLD CREATION LUXE DESIGN specifying this to the After-Sales department at the following address: sav@montaleparfums.com or by telephone from Monday to Friday (excluding public holidays) on +33 1 40 70 07 09.
The retention period of your personal data is:
• 3 years: This data will be automatically deleted after three (3) years in the event of inactivity on our Website.
• 13 months: regarding the processing of cookies, your consent will be re-requested every thirteen (13) months for the processing of cookies.
• 1 month: you can ask for your personal data to be rectified, erased or returned. The processing time varies from one (1) to three (3) months depending on the complexity of the data to be processed.
15- SETTLING DISPUTES
15.1. Complaint
In the event of a dispute relating to the execution of an order or difficulties in the application of these GTCs, the Customer is invited to seek an amicable solution by means of a complaint sent to the Customer Service Department: sav@montaleparfums.com, 68, rue Pierre Charron 75008 Paris - France, +33 1 40 70 07 09 (from Monday to Friday excluding public holidays.)
In the absence of an amicable agreement with Customer Services, the Customer may refer the dispute to the consumer mediator:
• CMAP (Centre de médiation et d'arbitrage de Paris) accessible at the following URL: http://www.cmap.fr/
• or at the following postal address: CMAP (Consumer Mediation Service) - 39 avenue Franklin D. Roosevelt - 75008 Paris
• or to the European Commission via its online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
15.2. Territorial jurisdiction
For any dispute relating to these GTCs, the French courts shall have territorial jurisdiction to hear any dispute, unless otherwise provided for by law referring to the mandatory jurisdiction of a foreign court.
16- APPLICABLE LAW
This contract and the GTCs governing it are subject to French law, with the exception of provisions which refer to the application of a foreign law that is more favourable for the consumer.