GENERAL TERMS AND CONDITIONS OF SALE

UPDATED ON 26TH JULY 2018

PREAMBULE

Cofinluxe company creates and commercializes Salvador Dali perfumes in the whole world through its selective distribution network.

In order to better meet the client’s request to buy online products of the Salvador Dali line (hereafter the “Product” or the “Products”), Cofinluxe company, registered at the Commercial Register of Paris under n°306063678 (intracommunity VAT number: FR 07 306 063 678), located 6, rue Anatole de la Forge 75017 - Paris France (+33 (0)1 55 37 71 72), represented by Mister Jean-Pierre Grivory, its CEO, has created and edits the commercial Website, accessible at www.parfums-salvadordali.com (hereafter the “Website”).

Orders and sales of Products on the Website are exclusively directed towards consumer clients natural persons non professional buyers, residing in metropolitan France (including Corsica), in Monaco and in Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Irland, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Sweden (Hereafter the “Client” or the “Clients”).

All orders and sales made on the Website are subject, without restriction nor reserve, to the present general terms and conditions of sale (hereafter the “General Terms and Conditions of Sale”), that will prevail over any other document or contractual provision, whatever their form or nature might be.

In case of discrepancy or interpretation difficulties between the different General Terms and Conditions of Sale displayed on the Website, French version will prevail on any other foreign language version.

For any information regarding the General Terms and Conditions of Sale, Cofinluxe company’s Customers Service is at the Clients’ disposal:

By mail: SERVICE CLIENTELE COFINLUXE - 6, rue Anatole de la Forge 75017 Paris FRANCE
Par e-mail: relationclients@parfums-salvadordali.com

The address of Cofinluxe company’s warehouses where the Products could be returned is the following:

COFINLUXE, avenue de la Mauldre Zone Industrielle de La Couronne Des Prés - 78680 Epône - France

Under no circumstances, shall the Products be returned to the Customer’s Service address nor to Cofinluxe company’s head office.

The Client acknowledges that he/she was informed, before placing his/her order and before the contract’s conclusion, in a legible and understandable way, of the present General Terms and Conditions of Sale and of all the information required by article L.221-5 of the French Consumption Code.

Article 1 – Subject Matter and scope of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale specify the conditions and modalities of online sales of the Products offered for sale on the Website, as well as rights and obligations of the Client and of Cofinluxe company (hereafter individually a “Party” and together the “Parties”) in the framework of these sales.

The General Terms and Conditions of Sale are independent and only apply to orders and sales made on the Website "www.parfums-salvadordali.com". They are distinct from the sales conditions applicable to other distribution or commercialization channels (namely in-store sales) and distinct from any contractual agreement between Cofinluxe company and its professional clients.

To order Products offered for sale on the Website, the Client must accept the General Terms and Conditions of Sale while validating his/her Order, by ticking the box “I accept the General Terms and Conditions of Sale”.

Acceptance of the General Terms and Conditions of Sale implies acceptance of the “General Use of the Website Conditions”, accessible by clicking on the following link:  Website Conditions of Use .

The General Terms and Conditions of Sale accepted by the Client form a contract legally binding the Client to Cofinluxe company.

Cofinluxe company recommends the Client to carefully and completely read the General Terms and Conditions of Sale as well as the General Conditions of Use of the Website, and to print them before placing or validating any order.

Cofinluxe company reserves the right to modify, at any time, the General Terms and Conditions of Sale. The modified General Terms and Conditions of Sale will be applicable on the day they are put online and the General Terms and Conditions of Sale applicable to the Client’s purchase are those in force on the day the Order is placed on the Website, excluding any other version, whether earlier or later.

Cofinluxe company will send the Client an example of the General Terms and Conditions of Sale in force on the day of Order upon Client’s request, provided that the Client provides all information needed and asked by Cofinluxe company (Client account number, date and number of relevant order).

Article 2: Information on the Products:

Products offered for sale on the Website are intended for consumer clients natural persons non professional buyers, for personal and private use.

The choice of Products ordered by the Client is of his/her own responsibility: each Product displayed on the Website being accompanied by a precise description that is up for the Client to read integrally before placing an order.

Although photographs of the Products on the Website most faithfully represent the Products sold, these photographs have indicative value and no contractual value, and shall not trigger Cofinluxe company’s liability.

Products offered for sale are only delivered in Metropolitan France, Corsica (excluding DOM-TOM), Monaco, Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Irland, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Sweden (hereafter the “Territory”).

Products orders coming from Clients residing out of the Territory and/or wishing to be delivered out of the Territory will be rejected.

Article 3: Products availability:

Products are offered for sale on the Website within the limits of available stocks.

In case a Product selected during placement of an order is unavailable, the Client will be informed of the impossibility to order it and, if possible, the predictable date of its availability.

If very exceptionnally, and despite Cofinluxe company’s vigilance, one or more Products of which order was validated, were to be unavailable, the Client will be noticed as soon as possible by e-mail to the e-mail address indicated by the Client when ordering.

In case of unavailability of all ordered Products, the sale will be terminated/cancelled without restriction, reserve nor indemnity and the Client will be fully refunded of the price paid (unavailable Products and delivery fees) by credit on the credit card prevously debited, within a maximum of 14 (fourteen) days after sale termination/cancellation.

In case of unavailability of part of the ordered Products, the Client will be offered cancellation of all of his/her order, without restriction, reserve or compensation, by sending an email to relationclients@parfums-salvadordali.com within 48 hours after reception of the email sent by Cofinluxe company to the address communicated in the client account and informing the Client of the partial unavailability of the ordered Products.

Without request of cancellation of the order within that period, only available ordered Products will be delivered to the Client and the latter will be refunded of the sole price of unavailable Products paid but not delivered, by credit on the credit card priorly debited, except for delivery fees.

Article 4: Orders

4.1. Order placement and confirmation processes

To place and order on the Website, the Client will have to select one or many Products on the Website by clicking the icon “Add to cart” and create his/her client account by filling all the information requested accurately.

Creation of a Client Account (hereafter the “Client Account”) and Products order involve the following steps:

• Creation of the Client Account

Creation of a Client Account shall take place at the latest on first order on the Website.

To create a Client Account, the Client fills an online form mentioning his/her title, first name, last name, email address, postal addresses (delivery and billing addresses may be distinguished), phone numbers, and shall choose a username and a password allowing him/her to create and access his/her customer account online.

For his/her following purchases, the Client, with his/her username and password, can access his/her Client Account directly online. The Client undertakes, for each new order, to check the accuracy of information mentioned on his Client Account and to modify it if needed.

When creating his/her Client Account or when registering on the “Newsletter” page of the Website, the Client might choose to receive commercial offers of the Website and/or of its partners by ticking the corresponding boxes.

The Client guarantees authenticity and accuracy of the data communicated on the Website and acknowledges that they constitute evidence of his/her identity.

The Client is solely responsible for preservation and confidentiality of his/her data for accessing the Website. He/She may modify, at any moment, the information and choices communicated when registering for the Newsletter or in his/her Client Account.

• Validation of the order by the Client and online payment of Products and delivery fees

After having added the Product(s) selected online to his/her cart, created his/her Client Account, validated and chose his/her delivery and billing addresses, the Client may finalize his/her order by clicking the icon “Order with payment obligation”. He/She will then be redirected towards the online distant secured platform of payment by credit card, managed by the authorised payment institution Dalenys Payment, or towards Paypal accordingly with Article 6 of the General Terms and Conditions of Sale.

• Issuance of an Order Form for the Client, realizing the sale

Sale will be concluded between the Parties as soon as Cofinluxe company sends reception notice summarizing the integrality of the Client’s order to the email address communicated by the Client in his/her Client Account. Such email will be deemed as an Order Form, binding the Parties (hereafter the “Order Form”).

The Client undertakes to ensure, by all means, reception of the Order Form at the email address communicated in his/her Client Account. In case the Client has not received his/her Order Form within a maximum of 24 hours after validation of his/her order on the Website, he/she undertakes to immediately inform Cofinluxe company by email to the following address: relationclients@parfums-salvadordali.com before placing any new order on the Website.

Failing that, Cofinluxe company shall not be held responsible for not registering the Client’s order, nor for consequences linked to the validation of several identical orders by the Client.

The client may follow evolution of his/her order by accessing his/her Client Account.

The Client already irrevocably acknowledges that production, by Cofinluxe, of the Order Form notifying reception of his/her Order, constitutes undisputable evidence of the sale that occurred (date, hour, ordered Products, price, billing address, delivery address, delivery fees etc.) and binding both Parties.

4.2.: Cancellation of the order by the Client

Regardless of the withdrawal right that he/she benefits from according to article 9 hereunder, the Client may cancel his/her order and resign to the purchase and delivery of the Products without any other formality and fee, by sending an email to the address "relationclients@parfums-salvadordali.com" (specifying his/her order number), within a maximum of 12 (twelve) hours, after reception, by the Client, of the Order Form.

4.3. Refusal or cancellation of the Order by Cofinluxe company

Cofinluxe company may refuse or cancel any order:

(1)  that does not conform to the present General Terms and Conditions of Sale

(2)  placed by a Client who has not paid in integrality a previous order, or who may be involved in a dispute with Cofinluxe company, for any cause whatsoever, or whose payment would have been refused by the bank, even for a previous order.

(3)  of which the frequency, price and/or number of Products and/or references of ordered Products may lead Cofinluxe company to question the consumer client unprofesional quality of the Client.

The Client already authorizes Cofinluxe company to operate compensation between the sums due to the latter under a previous order that remained partially or in integrality unpaid and the sums that may by due to the Client under a previous order that remained partially or in integrality unpaid.

The Client irrevocably resigns to any objection or legal action against Cofinluxe company, as well as to any compensation, whatever its nature may be, in case the latter would refuse or cancel one or several order, namely in the hypothesis referred to in the present article.

Article 5: Prices

Selling prices on the Website, mentioned in Euros, are those in force on the day the Order Form is sent to the Client by Cofinluxe.

The Client shall check conformity between the prices of Products mentioned on the Website and the selling prices of Products mentioned on the Order Form.

The Company reserves the right to modify, at any moment and without prior notice, the prices indicated on the Website, being specified that the modifications of prices will only apply to orders placed and paid by Clients before these price changes take effect.

Prices mentioned on the Website shall be understood including VAT, and any increase of the VAT rate will be automatically applied to the price of Produtcs offered for sale on the Website.

The Client is informed of the VAT applicable to the sale when checking his/her cart, before validation of the Order.

The VAT amount is also mentioned on the Order Form issued by Cofinluxe company.

Prices shall be understood excluding delivery fees, those being invoiced in addition to the Products’ price. The Client is informed of the delivery fees when checking his/her cart, before validation of his/her Order; and are mentioned on the Order Form.

Teleommunication costs inherent to the access to the Website and to exchanges with Cofinluxe company and its Customers’ Service (including postal fees) remain at Client’s charge.

ARTICLE 6: Products payment and delivery fees

ARTICLE 6.1: Terms of payment

As soon as he/she has validated his/her Order on the Website, the Client will pay ordered Products’ price in full, exclusively in Euros and by credit card, by accessing the secured distant credit card payment platform, managed by the authorized entity Dalenys Payment, whose registerd office is located 55, rue Raspail, 92300 Levallois Perret, and registered at Nanterre’s commercial register under n°443222682 (hereafter “Dalenys Payment”).

Payments via Paypal are also accepted.

Swedish and Danish Clients will make their personal business to change the price in Euros, into their country’s money and will be solely accountable for potential conversion taxes and credit card payment taxes that may be applied by their bank. Cofinluxe company shall under no circumstances be held accountable for such conversion, for conversion taxes applied, or for mistakes or exchange differential that the Swedish or Danish Client may find.

The Client declares and guarantees Cofinluxe company that he/she has all necessary authorizations to use the credit card used to pay the Order on the online payment platform and authorizes in advance his/her bank to debit his/her bank account of the total amount mentioned on the Order Form registered by Cofinlxue company (Products and delivery fees), including without signature of the Order Form and of the related invoice.

The Client’s credit card will be debited after verification of its data in the maximum statutory time limit for collection, after reception of the debit authorization issued by the Client’s card-issuing bank. If transaction is refused by the bank, for whatsoever reason, the order will be automatically cancelled.

Cofinluxe company reserves the right to suspend or cancel any order, including currently shipped, in the event of a payment incident or fraud or fraud attempt.

Under no circumstances shall amounts paid by the Client be considered as deposits or down payments.

If difficulties are encountered within Order payment, the Client, and more generally the bearer of the credit card used for payment, can contest without undue delay, payment operations made using his/her credit card, in accordance with Article L.133-24 of the French Monetary and Financial Code.

The Client acknowledges that electronic records of payments produced by Dalenys Payment or GIE CB or Paypal constitute evidence of payment operations transmitted to Dalenys Payment or Paypal.

ARTICLE 6.2: Billing

Invoice for Ordered Products is sent to the Client by e-mail and can be retrieved in his/her Client Account, with his/her login and password.

The Client undertakes to check conformity of the invoice received by e-mail and put online in his/her Client Account with the Order he/she validated.

In case of discrepancy between the invoice and the Order placed by the Client, the latter undertakes to immediately inform Cofinluxe company, by e-mail to relationclients@parfums-salvadordali.com, specifying his/her login and all references of his/her Order and invoice, within a maximum time-limit of 48 (forty-eight hours) of the invoice having been sent by Cofinluxe by e-mail.

If no complaint is made by the Client in the hereabove mentioned timeframe, the invoice shall be considered in conformity with the Order validated by the Client when purchasing and shall not be contested or modified afterwards.

ARTICLE 7: Retention of ownership and risk transfer

Cofinluxe company keeps whole and full ownership of the Products until price is perfectly collected, in principal, expenses and taxes included.

Loss and damage risks are however transfered to the Client as soon as he/she receives the Products.

ARTICLE 8: Delivery and receipt of Products

8.1 Fees, times and terms of delivery

Products ordered by the Client will be exclusively delivered in metropolitan France and Corsica (excluding DOM TOM), in Monaco and in Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Sweden, at the delivery address indicated by the Client when placing Order.

8.1.1. Terms

The Client will be informed by email sent to the address given in his/her Customer Account, of the shipping of his/her order and will remain solely liable for any failure or delay of delivery resulting from error of indication when ordering.

In case several Products are ordered, several deliveries may be needed, depending on the size and availability of the Products. Delivery costs mentioned on the Order Form will remain unchanged.

The delivery period mentioned on the Order Form of the Client may vary according to the availability of Products ordered.

Ordered products will be delivered by La Poste (Colissimo shipment with tracking for metropolitan France, Corsica, Monaco and international Colissimo shipment for Germany, Austria, Beligum, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovenia and Sweden).

For France and Monaco:

The parcel will be deposited without signature in the Client’s mailbox. If the mailbox cannot contain a parcel, a non-delivery notice will be deposited in it, mentioning the post office address where the parcel shall be collected within a maximum period of 15 (fifteen) days after its submission date.

Beyond the scope of this period, the parcel will be sent back to Cofinluxe company and the Client will be refunded of its Order, delivery and return fees deducted.

For Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovenia and Sweden:

The parcel will be delivered with required signature to the address indicated by the Client. If the Client is absent during delivery, an attempted-delivery notice mentioning the address of the post office where the parcel shall be collected within a maximum time limit of 15 (fifteen) days after its presentation will be deposited in the mailbox. Beyond the scope of this period, the parcel will be returned to Cofinluxe company and the Client will be refunded of its order, delivery and return fees deducted.

8.1.2 Timelines

In case of immediate availability of ordered Products, the average delivery time observed is between 3 and 5 business days (average order preparation and shipping time) for a delivery in metropolitan France, Corsica and Monaco; and about 8 business days for delivery in Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Sweden, after issuance of the Order Form to the Client. These timelines are provided for information only.

8.1.3 Delivery fees

The Client shall be informed of the amount of delivery fees before validating his/her Order, and reminded of it in the Order Form sent by Cofinluxe company after such validation.

Delivery is considered to have been made upon the handling by Cofinluxe to La Poste of the ordered Products, on the date established by La Poste’s digital system (flashing) and under no circumstances shall Cofinluxe be held liable for any delivery delay attributed to the carrier or the Client.

8.1.4 Delivery delays

In accordance with article L.216-1 of the French Consumption Code, the order will be executed within a maximum time period of 30 (thirty) days upon reception by the Client, of the Order Form.

If despite of all the efforts made by Cofinluxe company to have the Products delivered within the timelines mentioned on the Order Form, the Client was to observe:

-       Either a delay in the delivery, falling behind scheduled date mentioned by Cofinluxe company on the Order Form,

-       Or a delay of more than 30 (thirty) days upon reception of the Order Form, in case no delivery date was mentioned by Cofinluxe.

The Client might send to Cofinluxe company, by registered mail with reception notice to Cofinluxe Service Client, 6, rue Antaole de la Forge 75017 Paris France or to relationclients@parfums-salvadordali.com, a letter of formal notice to meet its obligations. If despite all of Cofinluxe company’s efforts to deliver the Products in that further defined period of time, the Client was to observe inexecution, he/she may immediately and in his/her own right terminate the Order by registered mail with reception notice or by email.

Cofinluxe company will cancel the order and refund the Client, in a maximum of 14 (fourteen) days), of the price paid, including delivery fees, excluding any other compensation, whatever its nature,

In case the Products were shipped by Cofinluxe company before reception of the request of order cancellation by the Client, the latter may confirm his/her cancellation by refusing the parcel at delivery. Failing that, the order cancellation cannot be taken into account by Cofinluxe company.

Cofinluxe company will make its best efforts to notice the Clients of potential incidental or force majeure events that might disturb delivery of the Products.

8.2 Reception of delivered Products

The Client undertakes to check, upon reception of the Products, that the parcel shows no sign of tampering or damage (parcel partially opened or that might have been opened and closed, torn, damaged, bumped parcel etc.) as well as Products’ conformity with his/her Order (namely number and references of Ordered and received Products).

If the Client observes damage or missing parts upon reception of the parcel, he/she shall refuse it (namely when the parcel is obviously damaged).

If however, the Client accepts a parcel damaged and/or bumped and/or showing signs of opening and/or if Products are damaged from the shipping, the Client undertakes to immediately respect the following procedure:

-       Raise the necessary reservations on the delivery note that he/she will be handled to by the carrier (mention identified damages and missing parts),

-       Proceed with a claim against La Poste (on La Poste’s internet website, by phone, by mail or at a postal contact point) within a maximum of 8 (eight) business days upon reception of the parcel (a claim receipt will be handled to the Client and will be taken as proof of claiming date).

-       Inform Cofinluxe company of identified damages or missing parts by email to relationclients@parfums-salvadordali.com within a maximum of 48 (fourty-eight) hours upon reception of the parcel,

-       Return the damaged Products to Cofinluxe company in accordance with article 10.1 of the General Terms and Conditions of Sale and within a maximum of 15 (fifteen) calendar days upon reception. The parcel shall contain, apart from the returned Products, a copy of the above-mentioned e-mail, the return voucher provided during delivery completed by the Client, the Product’s invoice and a copy of the reception notice of the Client’s claim against La Poste.

If the Client observes that the delivered Products are non-compliant with the Order Form (reference error for instance), if ordered Products are missing or if Products show visible defects, the Client undertakes to respect the following procedure:

-       Inform Cofinluxe company by e-mail (relationclients@parfums-salvadordali.com), in a maximum of 48 (fourty-eight) hours after reception of the parcel, quoting the order number and precisely explaining the non-compliance observed,

-       Return the non-complying Products to Cofinluxe company in accordance with article 10.1 of the present General Terms and Conditions of Sale, within a maximum of 15 (fifteen) calendar days after their reception. The parcel shall contain a copy of the above-mentioned e-mail, the return voucher provided during delivery, completed by the Client, and the Product’s invoice.

-       Whatever the reason for return, the Client shall keep evidence of the Products’ return to Cofinluxe company.

-       After acceptation of the Client’s justified claim, in the terms and conditions mentioned in the present article, and after their reception if appropriate, Cofinluxe company will replace the missing or damaged Products without undue delay.

-       Return fees will be refunded to the Client on the condition that the return fees invoice is attached to the returned Products, excluding any other costs or damages.

Failing to respect the timelines and formalities mentioned in the present article, the delivery of Products will be deemed definitely accepted and the Client will not be entitled to invoke any visible defect and/or missing part nor any non-compliance to the ordered Products to the delivered Products.

ARTICLE 9: Right of withdrawal

According to the applicable law, The Client benefits from a withdrawal right of 14 (fourteen) days after reception of the Products.

A Client wishing to withdraw shall return the Products unopen, in perfect condition for resale, in their original and complete package (sealed plastic film and cardboard) to the following address: Cofinluxe, avenue de la Mauldre Zone Industrielle de La Couronne Des Prés - 78680 Epône- France, within a maximum of 14 (fourteen) calendar days after the date on which Cofinluxe got knowledge of the Client’s wish to withdraw, date as per postmark.

Products whose packages were opened or incomplete will not be taken back nor exchanged or reimbursed by Cofinluxe company.

The return voucher provided to the Client in the parcel at delivery shall be completed by the Client and attached to the returned Products with the corresponding invoice.

Return fees are fully borne by the Client who shall keep evidence of the Products’ return.

Once the Client withdraws in the above-mentioned conditions, Cofinluxe company will proceed with the refund of Products paid by the Client, including delivery fees (but not return fees), within a maximum of 14 (fourteen) days after the date on which Cofinluxe company was informed of the withdrawal, on the condition that the client immediately sends the return receipt.

ARTICLE 10: Return of Products and warranty

10.1 Technical anomalies and reference error

In case of technical anomalies, of visible defects or non-compliance of the delivered Product with the Product mentioned on the Order Form, the Client shall inform Cofinluxe company accordingly with the process described in article 8.2 of the General Terms and Conditions of Sale.

The Products shall be returned at the following address: COFINLUXE, avenue de la Mauldre Zone Industrielle de La Couronne Des Prés - 78680 Ep - France, within a maximum of 15 (fifteen) days after reception of the ordered Products.

For the return to be accepted by Cofinluxe company, the returned Products shall be complete and, except for cases where the technical anomaly can only be detected after opening of the packaging (plastic film and cardboard), all the Products shall be returned unopen (in their original plastic film and cardboard packaging sealed) and in perfect condition for resale.

Any risk related to the return of the Product remain at the Client’s charge, and he/she shall keep evidence of the Products’ return.

After verification of the returned Products, Cofinluxe company will offer the Client either to replace the ordered Products if they are available, or to cancel the order against refund of the price paid by the Client (Products’ price, delivery and return fees) within a maximum of 15 (fifteen) days after acceptation of the return by Cofinluxe company.

Return fees will be refunded to the Client on the condition that the fees invoice is attached to the returned Products, excluding any other costs or damages.

Cofinluxe company will refuse any Products returned not respecting these formalities.

10.2 Conformity and Products warranty

Products sold by Cofinluxe company comply with French legislation in force and their sale is subject to the legal safeguards (warranty against hidden defects, compliance warranty etc.) provided for by articles 1641 and 1648 of the French civil Code and L.217-4, L.217-5 and L.217-12 of the French Consumption Code.

Article L.217-4 of the French Consumption Code: « The seller delivers goods which are in conformity with the contract and is also liable for any lack of conformity resulting from the packaging, set up or installation instructions when these have been made his/her responsibility by the contract or have been produced under his/her responsibility”.

Article L.217-5 of the French Consumption Code: « The good is in conformity with the contract:

1° if it is fit for the purpose for which goods of the same type are normally used, and if applicable,

If it complies with the description given by the seller and possesses the qualities of the goods which the seller has held out to the consumer as a sample or model,

If it shows the qualities a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling,

2° Or if it shows the qualities defined by mutual agreement between the parties or if it is fit for the particular purpose for which the buyer requires it and which he has made known to the seller and that the latter has accepted.

Article L.217-12 of the French Consumption Code: « Legal action resulting from lack of conformity expires within two years after delivery of good. »

Provisions of the present article do not deprive the buyer from his/her right to initiate legal action resulting from the redhibitory defects which is the subject of articles 1641 to 1649 of the French civil Code or any other contractual or non-contractual action which he benefits from by operation of law.

Article 1641 of the French civil Code: « The seller is bound by the warranty against hidden defects making the sold good unfit for its intended purpose or that reduces that purpose so much that the buyer wouldn’t have had bought it or would have given it a lesser price had he/she known of such defects”.

Article 1648 of the French civil Code: « The action resulting from redhibitory defects must be brought by the purchaser within 2 years after discovery of the defect. In the situation addressed by article 1642-1, under penalty of lapse of rights, the action shall be brought within the year following the date on which the seller may be discharged of the apparent defects or lack of conformity”.

If the Client establishes the non-conformity of the Product or a hidden defect, within the meaning of legal provisions hereabove mentioned, Cofinluxe company undertakes, at the Client’s choice, either to replace without undue delay the non-conform or defective Product, or to refund the Client of the price paid within a maximum of 15 (fifteen) days after return of the Product, made according with the modalities provided for in article 10.1 hereabove.

Any warranty of Cofinluxe company on the Products is excluded in case of improper use, negligence, lack of maintenance from the Client, as well as in case of accident, force majeure or normal wear of the Product, being reminded that perfume is a perishable product that cannot maintain all its qualities beyond a certain length of time.

ARTICLE 11: Responsability

The Client declares having full legal capacity, allowing him/her to commit under the General Terms and Conditions of Sale.

Access to the Website requires a personal hardware, as well as an internet connection which are not provided for and that the Client is solely liable and responsible for.

The Client is only liable for keeping his/her computer data (data, computer files, software etc.) and for the protection of his/her hardware against attacks, viruses and computer intrusions, whatever their nature might be, that he/she shall protect with software of his/her own choice.

The Website may contain, for information, hyperlinks towards third-party websites or Internet sources whose information, content, advertisting, products and services offered, may evolve after creation of the hyperlink, that are neither controlled nor monitored by Cofinluxe company, and are published under sole responsibility of the natural or legal persons responsible for said third-party websites or internet sources.

It is up to the Clients to check the legal information (terms of use, legal notices etc.) mentioned on the websites to which they may have access through hyperlinks that are on the Wesbite, before using them under their own and sole responsibility.

Unless priorly authorized by Cofinluxe company in writing, Clients are not authorized to display on their own website or on any other medium, a hyperlink allowing access to the Website, nor to insert, on the Website, a hyperlink redirecting internet users towards another website.

Although Cofinluxe company endeavors to maintain accessibility to the Website at any moment, and does everything in order to ensure its security, Cofinuxe company does not provide any warranty to Users and assumes no liability for namely, but not limited to:

Continuous availability, functionning and performance of the Website,

Exhaustivity of the information displayed on the Website and absence of mistakes or omissions,

Potential external intrusion whatever their nature, that may contaminate or damage the Client’s hardware or data,

Consultation or use of the hyperlinks mentioned on the Website,

Wrongful or fraudulous use of username and password of the Clients, by a third-party, and Clients’ identity or payments means theft;

Compliance with applicable law and regulations and accuracy or reliability of the information, communication, publication or any other content that may be provided, published or sent by Users of the Website and, or mentioned on the pages accessible via the Website’s hyperlinks.

Subject to legal and regulatory public policy from which Parties cannot derogate, the Client as of now waives irrevocably any engagement of Cofinluxe company’ responsibility in case of damage, whatever its nature, resulting from namely but not limited to:

-       Service interruption, delay or impossibility to order, caused by maintenance on the Website, technical breakdowns or internet interruption,

-       Failure of the Client’s hardware or internet network, or damageable use of the internet network, predictable or not;

-       Act of a third-party,

-       Error or negligence of the Client and/or non-respect by the Client of General Terms and Conditions of Sales and / or legal or regulatory applicable provisions.

Any event within force majeure or that cannot reasonably be controlled by Cofinluxe company, or which is not reasonably predictable such as, non-exhaustively, social movements, strikes, arsons, floods, climatic events, accidents etc.

Use of hyperlinks mentionned on the Website

Notwithstanding the above, the Client expressly admits that in case Cofinluxe company and/or its representatives or employees’s responsibility were to be legally engaged, whatever the causes might be, the maximum amount of damages to which the Client or his/her beneficiaries may claim can under no circumstances exceed the total amount of the Client’s Order subject to the claim, and limited to 1.000 (one thousand) euros incl.V.A.T.

ARTICLE 12: Intellectual property rights

The Website and the elements it contains, are protected by intellectual property (copyright, French droit d’auteur, neighboring rights, trademark rights, design and patent rights, sui generis rights of databases), in accordance with french law and international conventions. It is the case, namely but not limited to creations, illustrations, images, photographs, graphisms, videos, logos, trademarks, designs, models, commercial names, signs, domain names, textes, databases displayed on the Website, as well as the Website’s webspace and its layout.

The Website’s content and the resulting intellectual property rights belong to Cofinluxe, its co-contractors and partners and any use, broadcast, reproduction in full or in part, of the Website’s content without authorization of Cofinluxe company are strictly forbidden and civil or criminal sanctions may be incurred.

ARTICLE 13: Application term - Force majeure

General Terms and Conditions of Sale apply as of validation of the Order by the Client and will remain in force for as long as needed for the sale, delivery and warranty of ordered Products, and until obligations undertaken by the Parties are extinguished.

Execution of Cofinluxe company’s obligations will be suspended in case of occurrence of unforeseeable circumstances or force majeure that would delay its execution.

When possible, Cofinluxe company will inform the Client of the occurrence of such unforeseeable circumstances or force majeure as soon as possible after their occurrence.

ARTICLE 14: Personal data protection

In application of Law 78-17, said ‘”Informatique et Libertés” (Computer technology and liberties) of January 6th 1978 in its latest version and the General Data Protection Regulation (GDPR), personal data given by the Client are essential for sound management of Orders, deliveries and invoices.

Treatment of such data was declared to the CNIL (French national commission for personal data protection) under n°1570691.

Any and all information about namely modalities related to collection and treatment of the personal data and Client’s rights (right to oppose, modifiy, limit, correct, delete these data given by the Client) is available on the Website under section “Legal Notice – General Conditions of Use of the Website” and accessible by clicking on the following hyperlink: Website Conditions of Use .

Acceptance of the present General Terms and Conditions of Sale implies acceptance of the Website Conditions of Use .

ARTICLE 15: Severability

If one of the provisions of the General Terms and Conditons of Sale was to be declared null or void by application of a legal or regulatory provision or after final judgment by competent court, such provision shall be deemed unwritten but such nullity shall not result in nullity of the other provisions of the General Terms and Conditions of Sale that will remain in force between the Parties.

ARTICLE 16: Non-waiver

The fact for Cofinluxe company not to invoke breach of a Client’s contractual obligations shall not be interpreted in the future as a waiver of Cofinluxe company’s right to invoke it.

ARTICLE 17: Applicable law and jurisdiction

The General Terms and Conditions of Sale constitute one contractual set, exclusively subject to French Law, excluding Vienna Convention on the international sale of merchandise and legal provisions applicable in the countries where goods are delivered.

Only the French version of General Terms and Conditions of Sale shall prevail in the event of a dispute.

In the event of a dispute arising from formation, validity, interpretation and execution of the General Conditions and Terms of Sale, and after unsuccessful search for an amicable resolution, French Courts shall have exclusive jurisdiction.

ARTICLE 18: Mediation and conciliation

Customer Client recognizes being perfectly informed of the possibility he is entitled to, to complain to the consumption ombudsman, to resort to conventional mediation or any other alternative dispute resolution process, subject to Cofinluxe company’s agreement, in the latter two cases.

In accordance with Article L. 612-1 of the French Consumer Code, you can use the MEDICYS mediation service for free: electronically: conso.medicys.fr, or by post: MEDICYS - 73, Boulevard of Clichy 75009 Paris


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