GENERAL TERMS AND CONDITIONS OF SALES
1 Identification of the entity in charge for the offer
CLD CREATION LUXE DESIGN with a capital of 500 000 euros – Head office: 68, Rue Pierre Charron, France - RCS Paris: B 511 450 421 00033 - SIREN : 511 450 421 - SIRET : 511 450 421 00033 – intracommunity VAT identification number: FR 37511450421 - firstname.lastname@example.org - Tel: +33 1 40 70 07 09
2 Scope of application and acceptance of the general terms and conditions of sale (hereafter GTC)
The GTC apply to sales of Montale products made through the online sales site www.montaleparfums.com.
2.2. Field of application
These GTC apply to products which are delivered by Montaleparfums (hereafter, the professional seller) to customers who are established in the following countries: France and Overseas Departments and Territories (Guadeloupe, Guyana, Martinique, Mayotte, Reunion, Saint Barthelemy, Saint-Martin, Saint-Pierre and Miquelon), Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Israël, Italy, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden and Switzerland.
2.3. Availability and enforceability
The GTC are made available to the public on www.montaleparfums.com.
The GTC are binding to the customer who accepts them before ordering, by checking a box provided for that purpose.
2.4. Amendments to the General terms and conditions
The professional seller reserves the right, at any time to modify the terms.
In case of any modification, they shall apply from the date of the order.
2.5. Clause of the GTC
The nullity of a clause of this agreement shall not entail the nullity of the agreement in its entirety.
Each product advertised in the catalogue on the website is described.
Photographs illustrating the products are not contractually binding.
4.1. Sales price
Prices are indicated in euros, for each product advertised on the catalogue, including tax, but not including delivery costs.
The price is the one in force at the date of the order.
The professional seller reserves the right to modify the prices of products offered on the website at any time. The customer will be charged the prices in effect on the day the order is accepted.
5.1. Scope of application
The offers of online sales are exclusively reserved to customers who are residing in the countries referred to article 2.2.
The offers of online sales are valid, unless otherwise specified, as long as they can be viewed on the web catalogue and within the limit of available stock.
The acceptance of the offer by the customer is validated, by the confirmation of the order.
6.1. Conclusion of the contract
Before confirming the order, the customer has the possibility to verify the order in detail and its total price and to correct any errors.
The confirmation of the order involves acceptance of these conditions of sale.
An email will be sent to confirm that your order and your payment have been validated.
6.2. Cancellation of order
To be taken into consideration, any request to cancel an order must be made within 6 hours after placing the order.
The customer must contact immediately the customer department, primarly, by email : email@example.com, or by phone: Monday from 10am to 5pm and from Tuesday to Friday, from 1pm to 5.30pm, excluding public holidays.
Every request is submitted to the acceptance of the professional seller.
6.3. Validation of order
The professional seller reserves the right to refuse any order from a customer with whom legal proceedings have been instituted for an earlier order placed, or with a customer who does not respect these conditions of sale.
6.4. Unavailability of products
In the event of unavailability of the products ordered, the customer will be immediately informed and he may either choose another article in the range or cancel his/her order. If the customer chooses to cancel the order, he/she will be reimbursed without delay if the bank account has already been debited (or no later than 30 days after payment of the sums by the customer).
The contract is formed when the customer send his/her confirmation of the order.
From delivery of the products, the customer has a period of seven full days to return the article(s) without justification, without any at the following address: CLD - 68, Rue Pierre Charron - 75008 Paris.
The customer will be responsible for the costs of return shipment.
Before returning the article(s), the customer must send an e-mail to the professional seller specifying the number of the order cancelled to the following address: firstname.lastname@example.org
The value of the products returned will be refunded to the customer, excluding the initial shipment costs without delay and no later than 30 days following the date on which the customer has exercised the right of retraction.
However, for hygienic reasons, the right of retraction can be used only when the pump of the product is not primed. The product must be returned in its original packaging (in its box), complete, in perfect condition with its original purchase invoice.
To be refunded, the customer gives to the professional seller his/her bank details.
The customer is liable of the return of the merchandise, he/she must send by registered mail.
8.1. Method of payment
Payment is due at the time of ordering.
Payment of customer purchases is made by credit card and by paypal.
8.2. Secure payment system
The website is the object of a system of insurance of payments by credit cards.
8.3. Payment default
In case of payment default, the professional seller reserves the right to suspend or to cancel the delivery of the customer's order(s).
8.4. Retention of title
Title to all products delivered will continue to vest in the professional seller until all amounts payable by the customer to the professional seller have been paid in full.
9.1. Delivery leadtime
The professional seller undertakes to deliver the product(s) to the carrier within 72 hours after receipt of the corresponding payment.
Delivery leadtime vary depending on the place of delivery.
For information only, products in France can be delivered within 3 to 7 working days after the order is shipped, and within 3 to 7 working days in Europe after the order is shipped.
9.2. Delivery delay
In the event of delays, damage or total or partial loss, it is up to the customer to take any legal action against the carrier.
The professional seller suggests to the customer to check the state of the packaging and the contents of the parcel on receipt of the merchandise and to indicate any reservations on the delivery docket if the parcel appears to have been opened or damaged. Signature, without reservation, of the delivery docket by the customer is deemed to signify acceptance of the parcel.
The professional seller may not in any case be held responsible for any deterioration in the quality of the products and their packaging due to shipment.
9.3. Conditions of delivery
The order will be sent to the address indicated by the customer on the purchase order.
Deliveries are made via Colissimo for Metropolitan France (including Corsica) and via International Colissimo for other countries.
9.4. Delivery prices
For all deliveries, an extra delivery cost is added to the total amount of the order.
Delivery prices vary depending the destination country. The delivery costs are the following:
- Metropolitan France: 7 €;
- Italy: 20 €;
- Europe or French overseas departments and territories: 15 €;
- Switzerland: 15 €.
If the products do not comply with the customer's order, he/she must immediately upon receipt inform the professional seller by written form, to obtain an exchange or the cancellation of the sale.
The Customer must keep the packaging and consignment note.
In case of a mistake on the products, the customer undertakes to return them at his/her cost no later than 7 days after delivery of the order, in its original packaging (in its box), complete, in perfect condition.
The replacement product(s) will be sent to the customer at the expense of the professional seller.
9.6. Unavailability of products
In the event that the product(s) is/are no longer available, the professional seller may suggests another product equal in quality and price.
In the event that the product(s) is/are not delivered, the sales contract shall be terminated.
10.1. Legal guarantee
All products sold by the professional seller are covered by the legal guarantee of conformity and legal guarantee against hidden defects.
The professional seller undertakes to, depending on the customer’s choice, refund or exchange the products that do not comply with the order.
10.2. After sale service
Claims about guarantees must be sent primarly to the customer department, by email: email@example.com, or by post: 68, rue Pierre Charron 75008 PARIS (or by phone: +33 1 40 70 07 09 - Monday from 10am to 5pm and from Tuesday to Friday, from 1pm to 5.30pm, excluding public holidays.).
The product must be returned in its original packaging (in its box), complete, in perfect condition.
Upon receipt and confirmation of the claim by the after sale service, the customer will be refunded of delivery costs within 30 days from receipt of the order by the professional seller.
The liability of the professional seller cannot be engaged for non-performance of the contract in case of force majeure,
The professional seller shall not be liable to customers or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with customers’ fault.
The professional seller shall not be liable for non-compliance with customers’ legislation. Customers must check if the product is not prohibited in his or her country.
12 Intellectual property
All materials featured on the website (drawings, designs, models, illustrations, images, texts, logos, trademarks…) are the exclusive property of the publisher.
Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of the publisher is prohibited.
13 Personal information
All nominative informations asked to customers will be used in order to ensure the proper registration and shipping of products, establishment of invoices.
It may also be passed on, where applicable likewise to any third party involved in handling, processing and payment of the order.
In order to respond to the needs of its customers and to guarantee the best possible service, the professional seller may retain some personal information concerning the customer.
The automated processing of nominative data carried out by the web site have been declared to the National Commission for Information Technology and Civil Liberties.
Customers have the right to access, modify, rectify or eliminate any data concerning them. To exercise this right, customers must apply in writing to the customer department of the professional seller or send an e-mail to contact.
14 Disputes resolution
In the event of a dispute arising from the execution or the interpretation of this contract, or in relation of an order, please contact the customer department to try and find an amicable solution: firstname.lastname@example.org, 68, Rue Pierre Charron 75008 Paris - France, +33 1 40 70 07 09.
Monday from 10am to 5pm and from Tuesday to Friday, from 1pm to 5.30pm, excluding public holidays.
In case of a contract entered into by a French customer ordering from France:
Any legal proceedings arising in relation to execution or interpretation of this contract will be brought before the courts having jurisdiction in the domicile of the defendant or the place of delivery.
In case of a contract entered into by a customer having placed an order from another country in the European Union:
Any legal proceedings arising in relation to execution or interpretation of this contract will be brought before the competent courts pursuant to the directives and regulations of the European Union.
15 Governing law
These GTC shall be governed by and construed in accordance with French law.