General Terms of Sales

Legal Notice

This website is the property of and is published by the company Essential Parfums, S.A.S with the capital of 5000 euros registered with the RCS of Paris under # 830 888 558

Registered office:  176 bd St Germain – 75006 Paris

Email contact: contact@essentialparfums.com

Director of Publication: Geraldine Archambault

Host : OVH

1. Preamble

These General Terms of sale (hereinafter the “Terms”) are applicable to the website www.essentialparfums.com (hereinafter “the Site”), proposing the sale of perfumes and ancillaries products (hereinafter referred to as “the Products”).

Essential Parfums S.A.S may at any time modify or update these Terms of Sale. You can take notice at any time of the version of the General Terms of Sale in force by clicking on the links “Terms of Sale”.

2. Ordering terms

The parties agree that their relations will be governed exclusively by this contract, excluding any conditions previously available on the site.

These conditions apply only to customer who are non-commercial individuals in the United States of America (excluding Puerto Rico, Hawaii, Alaska, Guam and all other US possessions and territories situated outside North America).

If the Customer wishes to place an order, he will choose the Products he is interested in and will express his interest by clicking on the “Add to Cart” button.

Each new addition in his basket will be indicated by the appearance of the number of articles on the basket at the top right of the page.

At any time, the Customer may:

– get a summary of the Products he has selected or modify his order, by clicking on the Basket, accessible at the top right of each page

– continue its selection of Products

– complete your selection of Products and order them by clicking on “BUY”

For each order placed on the essentialparfums.com Website, you will be asked to confirm your acceptance of these Terms of Sale in force on the date of placing your order by ticking the box provided for this purpose. Otherwise, the order cannot be placed.

You must check the accuracy of your selection before confirming your order. You are informed that the order is subject to a payment obligation.

The Customer will then have to identify himself:

either by entering his e-mail address as well as his password, if he is already registered.

or by completing the form provided to him, on which he will include the information necessary for his identification and in particular his surname, first name, email, postal address.

Once the address and delivery method chosen, a purchase order will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer’s details , the delivery address of the Products.

An order confirmation is then sent to you by e-mail; this email contains, on the one hand, the acknowledgment of the registration of your order with the description of the selected Essential Parfums products, the quantity, the price as well as the amount of the shipping costs, the associated payment, and on the other hand, the General terms of sale in the version accepted by you, thus constituting the proof of the order, and the contract concluded.

The order status can be viewed at any time by the customer from your account accessible from the essentialparfums.com website, whose access is reserved for you by a password chosen by you. The information and information completed by the customer can be modified at any time by the customer; the latter can also access information on any previous orders.

Unless proven otherwise, the data recorded by Essential Parfums S.A.S is proof of all transactions made by Essential Parfums S.A.S and its customers.

3. The Products

Essential Parfums S.A.S takes great care to present the Products on the Site in accordance with the requirements of Article L.111-1 of the French Consumer Code. However, photographs illustrating the Products are only indicative and are not contractual. Essential Parfums S.A.S  shall not be held liable should they be incorrect in any way.

Products conform to the French legislation. Responsibility for Essential Parfums S.A.S  will not be liable in the event of non-compliance with the legislation of the country where the product will be delivered. The User has to check with local authorities in the country of delivery the possibility to import or use of products and services he intends to order.

Essential Parfums S.A.S cannot guarantee that the information listed on the packaging of the products is translated into all the languages. However, this information is available at least in French and English.

4. Availability

The Products offered for sale by Essential Parfums S.A.S are those listed on the Site, on the day of the consultation of the Site by the Customer, and within the limits of available stocks and subject to the conditions stipulated in the preamble above. Essential Parfums S.A.S reserves the right to withdraw Products from sale at any time.

Essential Parfums S.A.S incurs no liability in case of out of stock or unavailability of products.

In the event of unavailability of product after placing your order, we will notify you by email or phone as soon as possible, by either offering you to order another item presented on the website essentialparfums.com in replacement or to cancel your order. If you choose to cancel your order, you will be immediately refunded if your bank account has been debited.

All orders made on the essentialparfums.com Website are reserved for private individuals and for “end-purchaser” businesses. The resale or distribution of Essential Parfums S.A.S products purchased on the Essential Parfums Website is strictly prohibited.Essential Parfums is a retailer, and it is not its business to sell in large quantities the products offered for sale. Consequently, Essential Parfums S.A.S reserves the right to limit the quantity of products ordered or to reject orders for large quantities of a given product, pursuant to the provisions applicable in such respect, with particular reference to Article L.122-1 of the French Consumer Code

All orders may include (2) samples selected by the customer. These are available while stocks last. In case of unavailability of some samples, Essential Parfums S.A.S reserves the right to exchange it with another sample without informing.

5. Price

The prices of Products and services are firm and given in US dollar ($). They are fixed by the rates in effect on the day of the order. The current rate is the one indicated on the Site, unless there is a typographical error.

Essential Parfums S.A.S reserves the right to freely change the prices of Products at any time and without notice, without other formality than making changes to the Site. However, these changes will not affect orders that Essential Parfums S.A.S has accepted before the entry into force of these changes and the Products will be charged on the basis of the rates in effect when the order was placed, on condition of the availability of the Products ordered.

Prices are quoted exclusive of taxes, excluding if applicable the cost contribution of order processing and shipping, which will be invoiced in addition and will be specified to the Customer at the final validation of his order where the total price will be indicated in the order summary.

Essential Parfums SAS will charge and collect State, Local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations.

The price invoiced is that indicated on the order confirmation sent by email to the Customer by Essential Parfums S.A.S.

The products remain the property of Essential Parfums S.A.S until the complete collection of the price by Essential Parfums S.A.S.  On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the delivered products and this as from the effective date of delivery.

6. Payment

Any order made on the Essential Parfums Website must be paid for immediately at the time of making your order.

All orders are payable in US$ for the US online shop.

For the US online shop, we accept the following means of payment: Visa, MasterCard, American Express, Diners, JCB, Discover and Paypal.

Essentialparfums.com uses SSL encryption to protect all personal data and data relating to means of payment.

For some orders, you may be requested to make an authenticated secure payment using the 3D Secure system (via “Verified by Visa®” or “MasterCard® SecureCode”). In this case, you must enter the personal information requested by your bank in order to finalize your payment.

Your order is shipped only after checking your method of payment and upon receipt of authorization to charge your card.

Your debit or credit card will be charged only at the time when your order is shipped. Where some of the articles ordered are unavailable, only the price and shipment costs of the available products will be charged.

The Customer guarantees Essential Parfums S.A.S that he has the authorizations necessary to use the method of payment chosen at the time of the validation of the order. If the bank refuses, the order will be automatically canceled and the customer notified by sending an email.

7. Delivery

Products purchased on essentialparfums.com US boutique may only be delivered in the United States of America (excluding Puerto Rico, Hawaii, Alaska, Guam and all other US possessions and territories situated outside North America)

The order is prepared within 48 business hours in our warehouse.

Order picking is done Monday through Friday, except holidays. Orders placed on Saturdays and Sundays are processed on Mondays.

Essential Parfums S.A.S offer ground shipping via Fedex, UPS or USPS on all order in United States (excluding Puerto Rico, Hawaii, Alaska, Guam and all other US possessions and territories situated outside North America).

Shipping fees are $5.00 for all orders of less than $40. Shipping fees are offered for all orders of $40 or more. Before the final validation of your order, the amount of the shipping costs is clearly mentioned.

Products are shipped to the delivery address you specified when ordering.

For reasons, including security, Essential Parfums S.A.S will not process any orders for which a PO Box or FPO/APO, University Residence Address, Hotel/Motel is provided.

At any time you can track your package on the carrier website by listing your parcel number available in the shipping confirmation email.

You, or an authorized person, must sign for your order upon arrival. This ensures your purchases are safely delivered to you. If you are unavailable when your package arrives, Fedex, UPS or USPS will leave a re-delivery slip.

Upon delivery of the order, you must check the conformity and the condition of your order in the presence of the carrier, and issue, if necessary, all the necessary reserves for apparent defects (missing product, damaged package). You are invited to contact Essential Parfums Customer Service within seven (7) business days of receiving the products. Except for legitimate reasons, any claim made after this period will be considered inadmissible.

If you still have not received your package after 7 days and no notice of passage has been filed, remember to check the situation of your package on the carrier’s website. You can also contact the Customer Service by email: contact@essentialparfums.com

8. Returns and refunds

If you no longer want one or more of the products ordered, you can return it/them free of charge in the original packaging within 14 business days of receipt.

In the event of the right of withdrawal being exercised within the above-mentioned time limit, the price of the goods purchased and the shipment costs shall be refunded in full; costs of returning the goods remain payable by you. Returned products must be in their original condition and to enable them to be re-marketed new, and returns must enclose a copy of the purchase invoice to optimize processing.

To return a product you do not want to keep, simply contact our customer service contact@essentialparfums.com to receive a return label via e-mail.

Send back the item in its entirety and in its original packaging. Only items returned in their original state will be accepted and refunded. Pursuant to statutory provisions, the right of withdrawal does not apply to consumable products that have been opened and/or used, products of which foil or other seals have been opened, or to products or their packaging which are damaged, thus precluding their re-sale.

Tape the return label received by email on the return package, and return it to the address indicated.

For any other return reasons (product not complying or damaged, error on the contents of the order etc.), you are invited to contact the Customer Service by email at the following address contact@essentialparfums.com

You may return any product ordered on the Essential Parfums Website for refund on the terms applying to a delay of more than 7 days from the indicative delivery date. Refunds on returned products are made within fourteen (14) calendar days from the date when we receive the products returned by you.

For legal reasons in connection with transport, the return of these products, which contain alcohol, is subject to a special procedure. The following conditions apply to the return of perfumes:

• The product must not be opened, and must be returned in its original packaging
• In the case of a product returned because it is defective or damaged during outward shipment, the customer must ensure that the bottle is still leak-tight (otherwise, please contact our Customer Service Department).

The products must be returned as indicated in the previous paragraph. Essential Parfums S.A.S will make the refund within fourteen (10) business days of receipt of the returned products, by crediting your credit or debit card.

We make no refund, even in part, if you have received the product as a gift.

9. Statutory warranties

Products sold on the essentialparfums.com website are subject to the statutory warranties under Articles L 211-4, L 211-5 and L 211-12 of the French Civil Code and by Articles 1641 and 1648 of the French Civil Code:

Article 1641 of the Civil Code – The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648 of the Civil Code – An action resulting from vitiating defects must be brought by the buyer within two years of the discovery of such defect. In the case provided in Article 1642-1, the buyer must bring the action, under penalty of debarment, within the year which follows the date on which the seller can be discharged from visible defects or lack of conformity.

Article L211 -4 of the Consumer Code – The seller is required to deliver a product which conforms to the contract and he is liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility.

Article L211 -5 of the Consumer Code – To conform to the contract, the product must:

Be suitable for the purpose usually associated with such a product and, if applicable:

– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

– have the features that a buyer might reasonably expect it to have in consideration of the public statements made by the seller, the producer or its representative, including advertising and labelling;

–  or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L211-12 of the Consumer Code – Action resulting from lack of conformity lapses two years after delivery of the product.

10. Intellectual property

The intellectual property rights attached to the Products sold on the Site are and shall remain the exclusive property of the Essential Parfums S.A.S and are subject to an exclusive license in favor of the Essential Parfums S.A.S exclusively holds all rights of use.

Under these conditions, no one is authorized to reproduce, use, disseminate or use the intellectual property rights in any capacity whatsoever, even partially, without the prior written consent of the Essential Parfums S.A.S.

Generally, any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audio-visual or photographic works and generally, any item that may be protected by an intellectual property right, that are accessible on the essentialparfums.com Website is prohibited and constitutes infringement under Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively and strictly for the user’s own private use.

11. Limitation de responsabilité

Essential Parfums S.A.S is only bound by an obligation of means. The Purchaser is the sole judge of how suitable and appropriate the articles he orders are to his needs and use.

Essential Parfums S.A.S shall in no circumstances incur liability for any direct, indirect, consequential, incidental or special damage and particularly, without limitation implied, loss of business, profits or opportunity arising from the use of the essentialparfums.com Website.

Essential Parfums S.A.S cannot be held liable for any use of the Products that is not in compliance with their intended purpose.

Essential Parfums S.A.S does not warrant that the Site shall be available on a permanent basis, without temporary interruption, without suspension or without error.

Essential Parfums S.A.S cannot warrant that the site is or will be entirely virus-free.

Essential Parfums S.A.S cannot be held liable in case of technical problems on the platform and reserves the right to cancel an order if the price or quantity of a product is inaccurate for any technical reason, beyond its control.

Subject to applicable regulations, all texts, photographs, videos, data, notices, logos, brands, trademarks and other elements present on the Sites are supplied “as-is”, and are accessible in accordance with the availability of the Site, without any warranty whether express or implied by Essential Parfums S.A.S. The website shall be used at web users’ own risk, and on their own entire liability. In particular, the use of hypertext links may lead web users at the Site towards other servers to seek and view information; Essential Parfums S.A.S has no control over those other servers and cannot assume liability for any risk inherent in their content.

Without limiting the scope of the other provisions of the General Terms and Conditions for Sale, The Essential Parfums S.A.S liability can only be held against it in case of proven fault solely attributable to it. In any event, it will be solely limited to direct damages.

Essential Parfums S.A.S reserves the right to suspend the operation of the Site.

12. Personnal Data

Essential Parfums S.A.S may collect personal data via its website from users requesting documents, subscribing to our newsletter, or creating an account or when ordering products on the website.

The personal data concerning you is collected by Essential Parfums S.A.S. This data is necessary for managing your order and for the commercial relations between us. This data may be transmitted to companies which further those relations, such as companies tasked with providing the services and executing the orders for management, performance, processing and payment purposes. This information and data is also retained for security purposes, so as to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer you, and the information we send you.

In accordance with French Law No. 78-17 of January 6, 1978 relating to data, files and freedom, the processing of personal data collected on the Site has been registered with the Commission Nationale de l’Informatique et des Libertés [French Data Protection Authority].

The user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the user must send a letter to customer service:

Essential Parfums SAS
176 bd St Germain
75006 Paris
France
Or via e-mail  : contact@essentialparfums.com

13. Force Majeure

No Party shall be responsible for non-performance in whole or in part of its obligations under this contract, if such non-performance is caused by an event constituting an event of force majeure.

Any events that meet the criteria established by the jurisprudence of the 2nd Civil Chamber of the Supreme Court of Appeal will be considered to be an event of force majeure.

The Party claiming an event constituting force majeure shall notify the other Party within five working days of the occurrence or threat of this event.

The Parties agree that they shall consult as soon as possible to jointly determine the methods for processing the order during the period of the event of force majeure.

Beyond a period of one (1) month of suspension due to force majeure, Essential Parfums S.A.S may not honor the order, and may be required to reimburse the Purchaser.

14. Entirety of the contract

These General Terms and Conditions for Sale and the order summary sent to the Purchaser form an entire contract, and constitute the entire contractual relationship entered into between the Parties.

In the event of a contradiction between these documents, the General Terms and Conditions for Sale shall prevail.

15. Applicable Law

These General Terms and Conditions for Sale and the contractual relationship between Essential Parfums S.AS and the Purchaser shall be governed by and construed in accordance with the laws of France.

Any dispute arising from the application or interpretation of the General Terms and Conditions for Sale is under the exclusive jurisdiction of the courts of French Courts of Law.