GENERAL TERMS AND CONDITIONS OF SALE
1- LEGAL NOTICES
These General Conditions of Sale (hereinafter, the "GCS") are applicable to the website www.montaleparfums.com (hereinafter, the "website").
This Website is property of 5TH ESSENCE SQUARE, S.L. (hereinafter the "Publisher").
5TH ESSENCE SQUARE, S.L. – CIF B65902736, company dedicated to the retail sale of perfumes and cosmetics. Access to this website and contracting the services and items offered therein requires acceptance of the General Conditions that are in force at all times in this section.
The Seller is 5TH ESSENCE SQUARE, S.L. (hereinafter "5TH ESSENCE SQUARE").
This contract and the General Conditions of Sale that govern it are subject to Spanish law, with the exception of the provisions that refer to the application of a foreign law more favorable to 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 GCS is to define, by virtue of the relationships established on the Website, the terms and conditions of the online sale of MONTALE Products to Clients. They determine all the stages necessary to place the order and track it between the Parties.
The GTC apply exclusively to the online sale of MONTALE products on the website www.montaleparfums.com, which any Internet user can access free of charge.
These GTC constitute, together with the purchase order, contractual documents enforceable against the parties, excluding any other document, brochure, catalog or photograph of the Products that are for informational purposes only.
2.2. Scope of the GVC
The GTC apply exclusively to Products delivered to Customers located in the following countries: France, Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy, Latvia, Lithuania. Luxembourg, Liechtenstein, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
The GTC and all contractual information mentioned on the Website are written in Spanish.
For Products ordered for delivery in the United Kingdom, the applicable law is UK law.
2.3 Availability and applicability of the CVG
The GTC 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 GTC and accepts them without reservation. This acceptance is in no way conditional on the Client's handwritten signature.
The validation of the order through its confirmation constitutes the acceptance by the buyer of the GTC in force on the day of the order, which are kept and reproduced by the professional Seller.
2.4 Validity of the GVC
If any of the provisions of these GTC are declared null and void, in whole or in part, the other provisions and rights and obligations derived from these GTC will remain unchanged and will be applicable.
The temporary or permanent non-application of one or more clauses of the CVG by the Professional Seller will not constitute a waiver by said Seller of the other clauses of the CVG, which will continue to have effect.
2.5. Changes in CVG
5TH ESSENCE SQUARE reserves the right to update the GTC at any time. However, it is understood that the CVG applicable to any order are those accepted by the Client at the time of order confirmation.
3- PRODUCTS
3.1 Presentation of the Products
The MONTALE Products offered for sale are those that appear on the Website. They are described and presented as accurately as possible on the day the Customer consults the Website and within the limit of available stocks. 5TH ESSENCE SQUARE reserves the right to change the selection of Products for sale at any time.
Each Product offered for sale presented in the catalog published on the Website is accompanied by a description. The Customer is recommended to consult the description of each Product by clicking on the word "composition" to obtain more information about the Product in question, in particular with regard to the characteristics sought by the Customer, since the Customer is solely responsible for the selection and purchase of a Product.
3.2 Product availability
The Products are offered within the limit of available stocks. Information about the availability of Products is provided when ordering, on the "Product" page. If it turns out that, despite the Seller's vigilance, the ordered Products are no longer available, the Seller will inform the Customer as soon as possible, by any means, and will be able to offer the Customer a Product of equivalent quality and price.
In case of disagreement, the Client will be refunded no later than thirty (30) days from the payment of the amounts paid.
Any order of a cosmetic Product may be accompanied by free samples after mandatory customer validation. However, the Seller cannot be held responsible in case of non-availability of the samples.
Samples and other gifts are considered free and goodwill gestures to Customers. They cannot be exchanged or refunded.
4- PRICE
4.1. Sale price
The sales prices are indicated, for each of the Products that appear in the electronic catalogue, in euros, taxes included, for Spain, excluding shipping and transportation costs mentioned before the validation of the order and charged in addition.
The total amount due from the Customer is indicated on the order confirmation page.
The sales price of the Product is the price in force on the day of the order.
In the event of a price promotion, the Professional Seller undertakes to apply the promotional price to any order placed during the promotion period.
4.2. Change to sale price
The Seller reserves the right to modify its prices at any time, guaranteeing the Client the application of the price in force on the day of the order.
5- PAYMENT
5.1 Payment terms
The price is paid in full after order confirmation.
The Client must also pay mandatory taxes and duties as well as possible bank charges, which will always be the responsibility of the Client.
Payment is made immediately after order by bank card, credit card or via PayPal.
5.2 Secure payment
The Website has an online payment security system that allows the Client to encrypt the transmission of their banking information.
The Seller will not record any banking information. Only the issuing body is responsible for entering and encrypting said data.
The payment will be considered validated after confirmation of the payment agreement made by the issuing body. In case of rejection by the bank, the order will be automatically rejected and, therefore, 5TH ESSENCE SQUARE will be released from any obligation and responsibility towards the Client.
The Client may download their invoice from their personal space in the "my orders" section.
6- ORDER
6.1 Order completion stages
The Customer is invited to select the chosen Products and add them to the shopping cart by clicking on the "Add to cart" button.
The Customer can consult the summary of his order at any time by clicking on the "View Cart" button. At this stage, the Customer can check the details of their order, identify and correct any data entry errors made or delete one or more Products.
After validating the basket by clicking on the "Order" button, the Customer is informed of the information regarding delivery and payment conditions.
The Seller will not be responsible for the inaccuracy of the information provided by the Client.
The Customer's account will provide access to a personal space where Customers can track their orders and access invoices.
To finalize the order, the Customer:
- You must confirm your delivery and billing address or indicate a new delivery and/or billing address,
- You must read these GTC and explicitly accept them by checking the box "I have read and accept the GTC" before paying for your order,
- You are then invited to pay the amount of your order by clicking on the "Proceed to Payment" button, which provides access to secure payment for your order.
Confirmation of the order implies acceptance of the GTC 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, said Customer formally accepting the use of email for confirmation by 5TH ESSENCE SQUARE of the content of your order.
6.2 Order cancellation
Once payment has been made, the Customer will not be able to modify 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: montaleparfumsbarcelona@gmail.com, or by telephone from Monday to Saturday 10:00 a.m. to 8:30 p.m. (except holidays).
Any request is subject to acceptance by the Professional Seller.
The Client always has the option to exercise 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, if applicable, 5TH ESSENCE SQUARE will refund the amount paid before canceling their order.
6.3. Order validation
The Seller reserves the right to refuse to fulfill the order in cases where it is abnormal, abusive or contrary to the provisions of the GTC. Likewise, the Seller will not be responsible if the correct administrative and/or technical functioning of an order on the Website is interrupted by a virus, computer error, unauthorized human intervention or any other cause beyond the control of the Seller, or if a strong suspicion of fraud appears or if fraud has occurred in any form, especially electronically. In this case, the Seller reserves the right to interrupt or cancel the order in progress. In these circumstances, the Customer will be informed by email of the cancellation of his order and, where
appropriate, he will be refunded any sums he has paid before the cancellation of his order by the Seller.
6.4 Unavailability of the requested Products
In the event of unavailability of the requested Products, the conditions established in article 3.2 of these GTC will apply.
7- DELIVERY
7.1 Delivery conditions
When the Customer is eligible for delivery, the Seller undertakes to deliver to the countries mentioned in Article 2.3 of these GTC.
The Seller delivers the Products through the Carrier "GLS" defined below in Article 7.3 of these GTC. By default, the ordered Products 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 collection point.
The Seller undertakes to guarantee the correct execution of the order.
The Client will bear the consequences (delay in delivery, impossibility of delivery, return of Products, additional transport costs, etc.) that arise, where appropriate, from the incorrect and/or incomplete nature of the information provided by him for the delivery and/or absence of the Client at the time of delivery.
The Seller will not be responsible for the correct execution of the order if it can demonstrate that the non-compliance or poor execution of the contract is due to:
- The client;
- An unforeseeable and insurmountable action by a person outside the contract;
- A case of force majeure.
The Seller undertakes to deliver the Products to the Carrier within seventy-two (72) business hours following receipt of the order.
Without prejudice to the foregoing, delivery will 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 Client at the time of placing the order.
7.2 Delivery delays
In case of non-delivery or delay, the Customer must contact the Customer Service Department by email at the following address: montaleparfumsbarcelona@gmail.com, or by telephone from Monday to Saturday from 10:00 a.m. to 8:30 p.m. hours (except holidays), as soon as possible.
7.3 Carrier
The Products are delivered to the address provided by the Customer in the purchase order.
Delivery is carried out by the carrier GLS.
7.4 Reception of Products
The risks of the Products will pass to the Customer upon delivery, i.e. at the time the Customer (or any third party designated by the Customer) takes physical possession of the Products in question.
At the time of delivery of the order, the Customer must guarantee the conformity of said order in the presence of the Carrier and, where appropriate, raise any reservation regarding apparent defects (missing product, damaged packages).
The Customer (or any third party designated by the Customer) is also responsible for verifying the quantity and condition of the Products at the time of delivery by the Carrier. If the package received is opened or visibly damaged, or if all or part of the Products in the package are damaged or do not correspond to the order, the Customer (or any third party designated by the Customer) is invited to refuse receipt of the package. o Products in question and issue, in writing, the necessary reservations to the Carrier (packages or items opened, damaged or missing or not in accordance with the order, etc.).
The Client also undertakes to notify the Seller by email to the following address: montaleparfumsbarcelona@gmail.com from Monday to Saturday from 10:00 a.m. to 8:30 p.m. (except holidays), to allow the Seller to proceed with an investigation of the Carrier and/or exercise actions against the Carrier within the deadlines provided by current regulations. , when applicable.
In the event of missing Products, rejections or returns of a Product by the Customer in the circumstances mentioned above, the Seller shall issue a refund for the Product in question within 14 days or resend the damaged or missing Product.
It is specified that the aforementioned provisions do not deprive the Client of the right of independent withdrawal, as provided for in article 8 below.
7.5. Delivery charge
For all deliveries, an additional shipping fee is added to the order total. The amount of this fee differs depending on the destination country.
Peninsular Spain
- Orders up to €125: €8
- Orders over €125: Free.
Balearic Islands
- Orders up to €125: €17
- Orders over €125: Free.
7.6 Product return
The Customer will benefit from a right of withdrawal which will allow him to return the Products to the Seller without indicating the reason, under the conditions established in article 8 below.
For any reason other than the right of withdrawal (error in the content of the order, etc.), the Customer is invited to contact the Customer Service Department, which will provide the necessary information to satisfy their request as soon as possible and make a new delivery, if applicable.
8- RIGHT OF WITHDRAWAL AND RETURN POLICY
8.1 General provisions regarding the right of withdrawal
To exercise their right of withdrawal, the Customer may notify their decision to withdraw and return their Products in the following way:
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.
The costs of returning the Product are the responsibility of the Customer. Said Client will only bear the direct costs of returning the merchandise.
To return the Products, the Customer must first send an email to the professional Seller specifying the number of the canceled order, to the following address: montaleparfumsbarcelona@gmail.com
The professional Seller undertakes to refund the Customer no later than thirty (30) days after the date on which the right of withdrawal was exercised.
For reimbursement purposes, the Client will communicate his bank details to the Professional Seller.
As the Customer is responsible for returning the Products, the Customer is responsible for ensuring that the return is tracked and sent via recorded delivery.
Voici le texte en anglais avec les titres en gras et sans les traits de séparation :
8.2 Limit on 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 will not refund Products returned by the Customer that:
- Have been altered (e.g. primed bomb): rendering the goods unfit for sale;
- They do not correspond to the Products requested.
All return costs and risks of delivery of the Products from Spain will be borne by the Customer. The latter will be solely responsible for the merchandise until it is received at the following address: Rambla Catalunya 127 Eixample 08008 Barcelona Spain.
9. LIMITATION OF LIABILITY
The Seller will not be responsible for non-compliance with any of its obligations if the improper performance of the contract results from a case of force majeure, fault or omission of the Client, due to the unforeseeable and insurmountable act of a third party to the contract, or an obstacle outside the control of the Seller that the latter could not reasonably foresee at the time of signing the contract with the Client, and whose consequences cannot be reasonably avoided or overcome by the Seller.
10. AFTER-SALES SERVICE
Claims made under warranty must be sent as a priority by email to the after-sales service: montaleparfumsbarcelona@gmail.com. A telephone service is also available from Monday to Friday from 10:00 a.m. to 8:30 p.m. (except holidays). The Products must be returned new, complete and in their original condition and packaging upon 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 option, to refund or exchange products that do not correspond to the order.
12. EXCLUSION OF WARRANTY
If the Products returned by the Customer do not correspond to the Products ordered, the Seller will not be subject to its obligations described in Article 8.2 above.
It is stipulated, for all purposes, that legal guarantees do not cover damages or defects resulting from an external cause (accident, impact, etc.) or a failure of the Client resulting from non-conforming and/or inappropriate use of the Product.
Likewise, this article does not apply if the Products have not been purchased on the Website, since in this case the legal guarantees correspond to 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 laws. Any reproduction or dissemination of these elements, without the prior written authorization of the publisher, exposes violators to legal proceedings.
14. PERSONAL DATA
The provision of the collected personal information (identity, username, password, email address, telephone number, billing address, delivery address, payment method, etc.) in the context of distance selling is mandatory, since this information is necessary to manage the Client's account, the processing and delivery of orders, as well as for the preparation of invoices.
Failure to provide said information implies automatic rejection of the order. This information may be sent to partners, in particular business partners of 5TH ESSENCE SQUARE (for order shipping, in particular: GLS). This information and data is also retained for security purposes, to comply with legal and regulatory obligations and to allow 5TH ESSENCE SQUARE to improve and personalize the services offered and the information sent to the Client. This information is strictly confidential.
In accordance with the General Data Protection Regulation (GDPR) and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/EC (General Data Protection Regulation), as well as the rest of the regulations applicable at any time, the Client has the right to access, rectify, oppose and delete the data that concerns him, as well as the right to limitation and portability, when applicable. To exercise these rights, the Client must contact:
• montaleparfumsbarcelona@gmail.com
Depending on the choices made by the Client during the creation or consultation of his account, he will be offered several options, in particular allowing him to receive newsletters or offers from 5TH ESSENCE SQUARE. If the Client no longer wishes to do so, he or she may make a request at any time to 5TH ESSENCE SQUARE, thus specifying the After-Sales department at the following address: montaleparfumsbarcelona@gmail.com from Monday to Friday from 10:00 a.m. to 5:00 p.m. to 8:30 p.m. (except holidays).
The retention period for your personal data is:
• 3 years: This data will be automatically deleted after three (3) years in case of inactivity on our Website.
• 13 months: Regarding the processing of cookies, your consent will be requested again every thirteen (13) months for the processing of cookies.
• 1 month: You can request the rectification, deletion or return of your personal data. The processing time varies from one (1) to three (3) months depending on the complexity of the data to be processed.
15. DISPUTE RESOLUTION
15.1. Complaint
In the event of a dispute related to the execution of an order or difficulties in the application of these GTC, the Customer is invited to seek an amicable solution by means of a complaint sent to the Customer Service Department: montaleparfumsbarcelona@gmail.com, Rambla Catalunya 127 Eixample 08008 Barcelona Spain (Monday to Friday from 10:00 a.m. to 5:30 p.m. except holidays).
In the absence of an amicable agreement with the Customer Service, the Customer may refer the Consumer Arbitration System:
Accessible at the following URL: https://www.dsca.gob.es/es/consumo/como-reclamar-conflicto-consumo/sistema-arbitral-consumo
• or to the European Commission through 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 related to these GTC, the Spanish courts will have territorial jurisdiction to hear any dispute, unless otherwise provided by law that refers to the mandatory jurisdiction of a foreign court.
16. APPLICABLE LAW
This contract and the GTC that govern it are subject to French law, with the exception of the provisions that refer to the application of a foreign law more favorable to the consumer.