+33 (0)2 46 83 03 69 info@orlovparfums.com

Terms and conditions of sale

 

 CONTENTS :

PREAMBLE

  1. SUBJECT
  2. PRODUCTS
  3. PRICE
  4. ORDER
  5. PAYMENT
  6. DELIVERY AND RECEIPT
  7. RIGHT OF WITHDRAWAL
  8. REFUND
  9. EXCHANGE
  10. LEGAL WARRANTIES OF CONFORMITY
  11. RESPONSIBILITY FOR THE WEBSITE
  12. PERSONAL DATA
  13. FORCE MAJEURE
  14. PARTIAL NON-VALIDATION
  15. NON-WAIVER
  16. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
  17. ENTIRETY CLAUSE
  18. LANGUAGE
  19. APPLICABLE LAW AND JURISDICTION

 

Effective May 15, 2024

 

PREAMBLE 

The General Terms and Conditions of Sale (GTCS) are established by the Seller and Manufacturer FRAGRANCE COLLECTION located at 8 rue des champs Corneille, 28100 Dreux.

RCS Versailles number: 882251762

Siret number: 882 251 762 000 36

VAT number: FR09 882 251 762

Customer service email: info@orlovparfums.com

Telephone number: +33 246 830 369

The General Terms and Conditions of Sale govern the contractual relationship between the Seller and the Buyer wishing to purchase one or more products from the Orlov Paris brand via the https://www.orlovparfums.com e-commerce site.

Orlov Paris products are sold through a selective distribution network. Sales on the website are intended for personal use by the customer. Any order that does not correspond to a retail sale may be blocked for refusal. Any order for the same reference greater than or equal to 4 products will not be validated.

The Customer must be of legal age or have the authorization of a legal representative, live in the European Union or Switzerland and hold a valid credit card.

By placing an order on the site, the customer acknowledges having read and accepted the general terms and conditions of sale and the privacy policy. They may save or print them without modifying them.

In accordance with the laws applicable to electronic signatures, the placing of an order as described below will be considered as an electronic signature and proof of the order and the amount due.

 

  1. SUBJECT 

The purpose of these general terms and conditions of sale is to define the terms of online sale and delivery of products by the Vendor to the Customer, as well as the rights and obligations of the parties arising from the online sale of products offered on the site.

The GTCS define all the steps required to place an order.

 

  1. PRODUCTS 

Article 2.1:

The Vendor presents on the site the products for sale and their detailed descriptions in the form of data sheets so that the potential Customer can find out about the essential characteristics of the products he wishes to purchase before placing an order.

The Seller will take all reasonable steps to ensure that all details, descriptions, images of products appearing on the site are correct and true to the original products, at the time the relevant information is entered into the system.

However, to the extent permitted by applicable law, the Seller does not warrant that such product details, descriptions or images are accurate, complete, reliable, current or error-free. Colors may vary from one computer device to another, and the Seller cannot be held responsible for inaccuracies in photographs.

Article 2.2:

The Seller offers for sale online the products of the Orlov Paris brand, namely niche perfumes.

Article 2.3:

The Seller will make every effort to indicate any temporary or definitive unavailability of products on the information page of the site describing each product or at the time the order is placed. If, despite our vigilance, an ordered product is no longer available when the order is dispatched, the Seller will be informed by e-mail or by telephone if the Seller has registered as a customer.

The customer will have the option of receiving only available products, or of cancelling the entire order. If the bank account has already been debited at the time of cancellation, the Vendor undertakes to reimburse the customer as soon as possible for the amount of the order if the order is cancelled in full, or for the amount of the unavailable products. The Vendor may withdraw or modify products from sale at any time, without affecting orders accepted by the Vendor prior to the entry into force of the modifications.

Article 2.4:

All fragrances are created in compliance with European standards and tested in an independent laboratory. The list of ingredients and legal precautions for use are labelled on the back of the packaging. They are also indicated on the product sheet.

For any questions or requests for advice concerning the products and their use, the customer can contact the customer service department.

By e-mail: info@orlovparfums.com

By telephone: in France on 02 46 83 03 69, from abroad on +33 246 830 369.

Article 2.5:

The products described on the site and the samples available are for personal use only. The Customer may not sell or resell any of these products or samples.

 

  1. PRICE 

Article 3.1:

All prices indicated for products available on the site or in the store include VAT and are expressed in euros. The Vendor bears the cost of delivery throughout the European Union. Delivery charges are therefore free for the Customer. The Vendor checks that product prices are correct. However, in the event of obvious pricing errors detected on one or more products, the Seller will offer the Customer the opportunity to purchase at the correct price or to cancel the order.

Article 3.2:

The Vendor reserves the right to modify its prices at any time and without prior notice. However, products will be invoiced to the customer on the basis of the prices in force on the site at the time the order is placed.

Article 3.3: 

Prices are subject to French VAT, and any change in the legal rate will be reflected in the price of the products. If the Customer uses a bank card associated with an account that uses a currency other than the euro, the Customer's bank may charge exchange fees and bank charges, which are payable solely by the Customer.

 

  1. ORDER 

Article 4.1:

The Customer may browse the site freely without being obliged to place an order. If the customer decides to place an order, he will be guided through the ordering process by simple information. In the event of difficulties, they can refer to the PQSR purchasing guide or telephone customer service.

Article 4.2:

When the customer is on the product page, they can place an order by clicking on "Add to basket" after selecting the quantity, size and color, if applicable. The basket is then displayed in the top right-hand corner of the screen.

After each item has been added, the customer can either continue shopping or click on the basket icon. At any time, the customer can access a summary of his or her basket, showing the items in the order, the total amount to be paid for the order, the name of the products and the thumbnail photo.

The Customer is informed that at any time during the ordering process and until the payment of the order, he/she has the possibility to come back to this order, to modify his/her basket, the quantity or to delete one or more products.

Article 4.3

Once the selection of products has been completed, the customer can order them from the basket by clicking on the order button. At this point, the customer will have the option of registering (or logging in to their account if they have already registered), or directly filling in the necessary information in guest mode.

Article 4.4:

The Customer must provide his delivery details by filling in the form displayed. The Customer undertakes to provide an address to which delivery can be made during working hours, Monday to Friday in France, as well as his/her full name and e-mail address. Products ordered can only be delivered within the European Customs Union.

The Customer will automatically receive an order confirmation e-mail with the order number and details of the items ordered and the total including VAT.

We recommend that you print out or keep the e-mail, even if payment has not yet been made.

Once the form has been completed, the customer must click on the next step button.

 

  1. PAYMENT

Article 5.1:

In the next step, the Customer must choose a payment method, enter his/her bank details and confirm his/her billing address, which may be the same as or different from the delivery address.

A summary of the order will be displayed, showing all the information relating to the order, the order number, and for each item, the reference, name, quantity, size, color, total of the order to be paid inclusive of tax, the Customer's contact details and the delivery address.

Article 5.2:

Once the order has been verified, at the time of payment, the Customer will be able to validate the procedure for accepting the general terms and conditions of sale. The Customer acknowledges that he/she has read all the instructions provided during the order process, and accepts these terms and conditions by sending confirmation on the site by ticking the appropriate box.

Article 5.3:

Customers can choose to pay by credit card or PAYPAL.

 

  1. DELIVERY AND RECEIPT

Article 6.0:

Products ordered can only be delivered within the European Customs Union: France, Germany, Netherlands, Belgium, Luxembourg, United Kingdom, Ireland, Italy, Spain, Portugal, Austria, Denmark, Hungary, Poland, Czech Republic, Slovakia, Estonia, Latvia, Lithuania, Greece, Finland, Sweden.

Article 6.1

The order amount will be debited 48 hours after online payment.

Order preparation takes an average of 3 days.

The shipment will be made by La Poste via Colissimo.

Article 6.2:

If the customer needs information about his order, he can follow the status of his order by logging in with his profile if he has registered on the site. If necessary, in the event of a problem, they can call customer service on 02 46 83 03 70 / +33 246 830 370 between 10am and 4.30pm Monday to Friday.

Article 6.3:

The Customer will receive an email to inform him of the dispatch of his order. The invoice for the order will also be sent by email, which we recommend you keep / print.

Article 6.4:

In general, it is expressly agreed between the Vendor and the Customer that electronic mail will be deemed authentic between the parties, as will the automatic archiving systems used by the site, particularly with regard to the nature and date of the order. The Customer may access the electronic contract drawn up between the Vendor and the Customer in accordance with the rules of common law. To do so, the Customer may contact Customer Service and send them the contact details and order number. The Customer is informed that all mail is sent to the e-mail address entered by the Customer. Therefore, in the event of an error in entering the e-mail address, the order confirmation message and all subsequent e-mails, which are the responsibility of the Customer, will not be received, and the Vendor cannot be held liable.

In addition, the Vendor retains information relating to all paid orders for a period of 10 years.

Article 6.5:

As delivery is carried out by a third-party service provider, COLISSIMO (La Poste), the Customer is hereby informed that the Vendor may not be held liable in any way if the non-performance or improper performance of this obligation is due to the Customer or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.

In any event, and in accordance with the provisions of Article L216-1 of the French Consumer Code, the order will be executed within a maximum of thirty (30) days from the day following that on which the Customer has transmitted his order, subject to full payment of the price. If the order has not been delivered by the end of this period, the Customer will have the right to cancel the order and the amount paid will be reimbursed.

Article 6.6:

The Seller will send the parcel number so that the customer can track the status of the shipment via the Post Office.

Article 6.7:

The customer must notify the seller of any delay in delivery as soon as possible by calling customer service on Monday to Friday from 10am to 4.30pm to enable the customer to make arrangements with the Post Office.

Article 6.8:

If the Vendor has not dispatched the order by post and does not deliver within 30 days, the Customer is entitled to request reimbursement of the order. The Vendor will proceed with the reimbursement by bank transfer within 15 days of the claim for reimbursement. In the event of partial availability, the Customer may send the products separately.

Article 6.9:

 

Each purchase is insured by FRAGRANCE COLLECTION from the moment it is made until it is delivered. Delivery is considered to have taken place when the Customer or any third party designated by the Customer takes physical possession of the products upon signature of the delivery slip. It is the Customer's responsibility to verify the good condition and conformity of the order upon receipt of the product(s).

 

Article 6.10:

 

All reservations must be written on the carrier's packing slip. The customer must also inform the Vendor as soon as possible by sending an e-mail to customer service. In the event of damaged or missing items, the customer must express his reservations in a precise, clear and complete manner (with supporting photos) concerning both the quality and the quantity ordered.

 

 

  1. RIGHT OF WITHDRAWAL 

 

Article 7.1:

 

In accordance with the provisions of Article L221-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) working days from the date of receipt of the product by the Customer to return any product ordered with which he is not satisfied.

 

Article 7.2:

 

The product(s) must be returned complete, new and unused, in perfect condition and in their original packaging, in accordance with the procedure described in the article below, accompanied by the withdrawal form or an unambiguous statement of the Customer's decision to withdraw.

 

Article 7.3:

 

In the case of a product conformity defect, or an exchange (size change for example), the parcel must be returned by Colissimo with the return slip. If necessary, it is strongly recommended that the parcel be sent by a tracked delivery service requiring a signature on receipt. The Vendor cannot be held responsible for products returned and lost in transit. Only products received by customer service will be eligible for reimbursement.

 

 

Article 7.4:

 

In accordance with article L221-21-3 of the French Consumer Code, the cost of returning Products is borne by the Customer, except in the event of a lack of conformity of the Products delivered in relation to the order, or in the event of an exchange (in these cases, the return costs will be borne by the Vendor).

 

 

Article 7.5:

 

Returns must be made without undue delay in accordance with the procedure described below. However, in accordance with article 221-28 of the French Consumer Code, the Customer may not return the product(s) and claim a refund if the product(s) has/have been unsealed by the Customer and cannot be returned for reasons of hygiene. Perfumes must not be opened and must be returned in their original packaging. If the pump of the perfume bottle has been thrown, the item will not be accepted for return or exchange.

 

Article 7.6:

 

Cancellation form :

I hereby notify you of my withdrawal from the contract for the sale of the product(s) below:

 

Ordered on (date) under order number xxx

 

Consumer name :

 

Consumer address :

 

Consumer signatory :

 

Send a copy of the cancellation request by email: commande@orlovparfums.com

 

 

 

Article 7.7:

 

It is recommended to send the original of the retraction request with the parcel to the following address:

FRAGRANCE COLLECTION, 8 rue des champs Corneille, 28100, DREUX.

 

The customer must also contact customer service by telephone: in France on 02 46 83 03 69, from abroad on +33 246 830 369.

 

 

 

  1. REFUND 

 

Article 8.1:

 

Following the exercise of the right of withdrawal, the Vendor will refund the full price of the products to the customer within fourteen (14) days from the date of receipt of the products accompanied by his declaration of withdrawal, provided that the products are undamaged and unused, and in compliance with the general conditions of sale.

 

 

Article 8.2:

 

 

Refunds will only be made using the same method of payment that the Customer used for the original transaction. A notification e-mail will be sent to the Customer once the refund has been made.

 

 

  1. EXCHANGES

 

 

Article 9.1:

 

The customer may request an exchange of a purchased product, particularly for clothing or footwear due to a size problem, subject to the same conditions as the right of withdrawal above.

 

Article 9.2:

 

In the event of an exchange with the same or similar product at the same price,

On receipt of the return, the Customer will send back the new article.

 

Article 9.3:

 

In the event of an exchange for a product of a different price (cheaper or more expensive), after receipt of the product for exchange, the order will be cancelled and a refund will be made. The customer will then place a new order.

 

 

  1. LEGAL WARRANTIES OF CONFORMITY

 

Article 10.1:

 

The French Consumer Code stipulates the following concerning the legal warranty of conformity: Article L217-4 of the Consumer Code, "The Vendor is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility". Article L211-5: "To conform to the contract, the goods must : Be fit for the use normally expected of similar goods and, where applicable : Correspond to the description given by the Seller and possess the qualities that the latter has presented to the Buyer in the form of a sample or model; Present the qualities that a Buyer may legitimately expect having regard to the public statements made by the Seller, by the producer or by his representative, notably in advertising and labelling; Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Buyer, brought to the attention of the Seller and accepted by the latter." Article L217-12: "The action resulting from the lack of conformity is prescribed by two years from the date of delivery of the goods".

 

When acting under the legal warranty of conformity, the Customer: benefits from a period of two years from delivery of the good to act; may choose between repair or replacement of the good, unless one of the methods entails a cost that is manifestly disproportionate to the other method, given the value of the good or the importance of the defect, in which case the professional is required to choose the least costly method; is exempt from proving the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

 

The legal warranty of conformity applies independently of any commercial warranty.

The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

 

 

Article 10.2:

 

The Civil Code provides the following regarding the warranty for latent defects:

Article 1641: "The Seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the Buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them."

Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the Seller may be relieved of the defects or apparent lack of conformity."

 

 

Article 10.3:

 

Within the framework of the legal guarantee of conformity, the Vendor undertakes, at the Customer's choice: either to replace the Product with an identical Product depending on available stocks, or to refund the price of the Product within a maximum period of thirty (30) days if the replacement of a Product proves impossible.

 

Within the framework of the legal warranty against hidden defects, the Vendor undertakes, at the Customer's option and after evaluation of the defect: either to refund the full price of the Product returned within a maximum period of thirty (30) days, or to refund part of the price of the Product within a maximum period of thirty (30) days if the Customer decides to keep the Product.

 

Article 10.4:

 

Products modified or repaired by the customer, as well as products damaged by misuse, are not covered by the warranty.

 

 

  1. RESPONSIBILITY FOR THE WEBSITE

 

 

Article 11.1:

 

The Vendor may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of a computer virus, or for the impossibility of accessing the Site due to maintenance operations, technical breakdowns, force majeure or any other circumstance beyond its control.

 

Article 11.2:

 

The Vendor cannot be held responsible for any non-substantial errors that may occur concerning the elements presented on the Site, in particular information and product descriptions.

The Vendor shall not be held liable for the impossibility of contacting Customer Service due to circumstances beyond its control, in particular in the event of computer failure, interruptions to the telephone network, the Internet network, failure of the equipment used to receive the said Internet network, etc.

 

Article 11.3:

 

Without limiting the scope of the other provisions of these General Terms and Conditions of Sale, in particular article 10 relating to Legal Warranties, the Vendor's liability may only be accepted in the event of proven fault attributable to it, and will in any event be limited to direct damage only.

 

 

  1. PERSONAL DATA

 

Article 12.1:

 

The Privacy Policy, accessible on the Site, forms an integral part of these General Terms and Conditions of Sale. In particular, the Privacy Policy defines the conditions under which the personal data of Customers collected by the Vendor on behalf of FC, or which the Customer provides to the Vendor when the Customer places an order on the Site, is processed.

 

  1. FORCE MAJEURE

 

Article 13.1:

 

Neither Party may be held liable in the event of non-performance or improper performance of its obligations, and if such non-performance is due to the occurrence of an event constituting force majeure as defined by case law. The Party affected by such events shall inform the other Party as soon as possible and within a maximum period of five (5) working days from the occurrence of the event in question. The Parties agree that they shall consult each other as soon as possible in order to determine how the order will be carried out during the period of force majeure.

 

Article 13.2:

 

If the case of force majeure lasts for more than one (1) month, either Party may immediately terminate the contract by registered letter with acknowledgement of receipt sent to the other Party, with the Vendor being responsible for reimbursing the Customer for any sums paid by the Customer in respect of the order concerned.

 

 

 

 

  1. PARTIAL NON-VALIDATION

 

Article 14.1:

 

If one or more of the stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

 

  1. NON-WAIVER

 

Article 15.1

 

The fact that one of the Parties has not required the application of a clause of these General Terms and Conditions of Sale, whether temporarily or permanently, shall in no way constitute a waiver of the rights granted to that Party by the said clause.

 

  1. CHANGES TO THE GENERAL TERMS AND CONDITIONS

       FOR SALE

 

Article 16.1 :

 

The Seller reserves the right to modify these terms and conditions of sale at any time. Any new version of these conditions will be announced in advance on the Site. The version online on the Site will, without any dispute, take precedence over all other versions of these general terms and conditions of sale. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the Customer at the time the order is placed.

 

  1. ENTIRETY CLAUSE

 

Article 17.1 :

 

The present General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and represent the entire contractual relationship established between the Parties.

 

 

 

 

  1. LANGUAGE

 

Article 18.1 :

 

The present Terms and Conditions of Sale of the Site are drawn up in French and English.

All Site content is available in French and English.

 

 

  1. APPLICABLE LAW AND JURISDICTION

 

Article 19.1:

 

The law applicable to these General Terms and Conditions of Sale and related orders is French law.

Any dispute arising out of or in connection with the validity, interpretation or performance of these terms and conditions, which is not settled amicably between the parties, shall be submitted to the courts of Versailles.

 

Article 19.2:

 

In accordance with articles L611, 612-1 to L616-3 of the French Consumer Code, all consumers have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional.

 

The Consumer may file a request for mediation on the French or European platform for the settlement of consumer disputes, at the following address:

 

http://www.anm-mediation.com/ (Association nationale de la Médiation, 62 rue de Tiquetonne, Paris,75002, Tel: 01.42.33.81.03)

 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.