Terms of Sales
(see General Conditions of Provision of Services to Individuals below)
These General Conditions of Sale apply to any purchase made by any person (hereinafter the “CUSTOMER”) on the website http://m35.96c.myftpupload.com/ ( hereinafter the “SITE”) with Moulet Rosalie, a company registered in the Trade Directory under number 840 059 802 and exempt from registration in the trade and companies register in application of article L 123-1-1 of Commercial Code, and whose registered office is located at 7 avenue Sidi Brahim, 06130 Grasse, France (hereinafter the “SELLER”).
IMPORTANT: Any purchase on the SITE automatically entails acceptance of all of these General Conditions of Sale, which the CUSTOMER acknowledges having read before placing his order.
Article 1. DEFINITION
The terms used below have, in these General Terms and Conditions of Sale, the following meaning:
- “CUSTOMER”: refers to the SELLER’s co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
- “DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
- “PRODUCTS”: refers to all the products available on the SITE.
Article 2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The CUSTOMER undertakes to read these General Conditions of Sale carefully and to accept them, before proceeding to payment for an order for PRODUCTS placed on the SITE. These General Conditions of Sale are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions of Sale and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions of Sale for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By placing an order on the SITE, the CUSTOMER acknowledges having read, understood and accepted these General Conditions of Sale without limitation or condition.
Article 3. CAPACITY OF THE BUYER
The CUSTOMER who purchases on the SITE declares to be legally capable of committing to these General Conditions of Sale.
Article 4. ORDERS ON THE SITE
4.1. PRODUCT characteristics
The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS on the SITE. The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints linked to its manufacturing constraints. All the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
4.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s start page, the steps may differ slightly).
4.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER selects the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the desired quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s basket. The latter can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCT (s) has been selected and placed in his basket, the CUSTOMER clicks on the basket and checks that the content of his order is correct. Once the CUSTOMER validates the contents of the basket, he can then proceed to payment for the PRODUCTS by following the instructions on the SITE.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The order is validated once the payment has been accepted by the SELLER.
The SELLER reserves the right to refuse an order if the CUSTOMER already has a dispute with the SELLER or if the SELLER considers that the CUSTOMER carries a risk of default of payment.
The SELLER undertakes to honor the orders received, only within the limits of available stocks.
The CUSTOMER can check the status of his order on the SITE. The CUSTOMER can also contact the SELLER at any time by e-mail, at the address [email protected] in order to obtain information on the status of his order.
4.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT’s order. An acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information required for invoicing. The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail does not constitute an invoice. The CUSTOMER will receive the original of the invoice upon DELIVERY of the PRODUCTS, inside the package.
4.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
All prices presented on the site are net of taxes ( VAT not applicable according to article 293 B of the General Tax Code) . The prices of the products are indicated in euros. The SELLER reserves the right to modify its prices without notice and the prices applied to the CUSTOMER correspond to those displayed on the SITE at the time of his order. The goods remain the full property of the SELLER until receipt of the total amount due paid by the CUSTOMER.
4.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies “just in time” stock management. Consequently, the availability of PRODUCTS depends on the SELLER’s stocks. The SELLER undertakes to honor the orders received subject to the PRODUCTS being available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable and may offer him an alternative PRODUCT of quality and price. equivalent. If the CUSTOMER chooses to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 5. DELIVERIES IN METROPOLITAN FRANCE
5.1. Terms of delivery
Packages are only delivered in mainland France (including Corsica) and Monaco.
DELIVERIES are carried out via the postal services, according to the Colissimo system, at home. DELIVERY is offered to the CUSTOMER with no minimum purchase amount on the SITE.
The SELLER sends each CUSTOMER an email notification of the dispatch of his order.
The PRODUCTS are delivered to the address indicated by the CUSTOMER when ordering. The package will be delivered to the CUSTOMER against signature.
In case of absence, a calling card will be left with the CUSTOMER, in order to allow him to pick up his parcel in his post office.
5.2 . Delivery delay
The SELLER makes every effort to deliver the PRODUCTS ordered within 3 working days, excluding weekends and public holidays, from the date of acknowledgment of receipt of the CLIENT’s order.
5.3. Follow-up of deliveries
The CUSTOMER can at any time follow the processing status of his order and the delivery status of his package with his La Poste Colissimo tracking number. To do this, the CUSTOMER can go to the “Order history” section of his account or click on the “view your order” link in the confirmation e-mails, or shipping notices, of his order.
The CUSTOMER can also track his parcel from the site www.laposte.fr/particulier/outils/suivre-vos-envois . This service is independent of the SELLER.
5.4. Failure to receive packages
If during DELIVERY to the address indicated by the CUSTOMER, the latter is not present or refuses the parcel, the parcel will be left at the post office closest to his home, where the CUSTOMER can collect it for a period of a period of fifteen (15) days, upon presentation of the transit advice note deposited by the Post Office in its letterbox.
At the end of this period of fifteen (15) days, the Post office returns to the SELLER any unclaimed package.
If a package is returned to the SELLER for a reason attributable to the CUSTOMER, such as an “unclaimed” or “does not live at the address indicated” package, the SELLER informs the CUSTOMER concerned by e-mail.
In this case, with the agreement of the CUSTOMER, the package will be reshipped, the reshipment costs being borne by the CUSTOMER. An email will inform the CUSTOMER of the procedure to be followed for the payment of these shipping costs.
In all other cases, the package will be kept by the SELLER for sixty (60) days. At the end of this period, the SELLER may decide to destroy the PRODUCTS thus returned, without notice or formal notice. This destruction does not give the CUSTOMER any right to reimbursement, replacement or compensation.
5.5. PRODUCT damaged on delivery
In the event that the PRODUCTS are delivered damaged, the CUSTOMER must notify this fact to the Post Office by registered letter with acknowledgment of receipt within seventy-two (72) hours (working hours) following the delivery of the package.
This complaint must be justified and describe in particular the state in which the PRODUCTS and their packaging were delivered to the CUSTOMER.
It is recommended that the parcel be examined in the presence of the deliverer and that any reservations be noted on the delivery slip, a copy of which must be kept by the CUSTOMER.
Within this same period of seventy-two (72) hours, the CUSTOMER must send a duplicate of his complaint to the SELLER, by e-mail or by registered letter with acknowledgment of receipt.
The SELLER will then contact the CUSTOMER by e-mail in order to organize the return of the PRODUCTS at the SELLER’s expense. In addition, the CUSTOMER will have the following choice:
– maintain his order and obtain a new delivery (unless the PRODUCT is unavailable), this causing a new delivery period to run, or,
– terminate the order, the SELLER reimbursing the price paid under the terms and conditions defined in Article 10: RETURN, EXCHANGE of these General Conditions of Sale.
Article 6. PAYMENT
6.1. Payment method
Once the CUSTOMER validates his order, he accepts all of the General Conditions of Sale. The CUSTOMER pays on the SITE by credit card (Carte Bleue, Visa, Visa Electron, Mastercard or American Express) via the secure payment platform Stripe.
6.2. 3D Secure payment
The CLIENT’s order may be subject to 3D Secure verification. 3D Secure is an authentication payment system that guarantees the CUSTOMER optimum security when making online purchases. During payment, the CUSTOMER’s bank verifies the identity of the cardholder before validating the transaction.
Operation of a 3D Secure verification
After validation of his bank details, the CUSTOMER is directed to the site of his bank. In the 3D Secure window that appears, the authentication process to follow is specific to each bank. The CUSTOMER can be asked:
• To enter his date of birth • To enter
a code received by SMS
• Or to answer a personal question.
This exchange of information between the CLIENT and his bank is secure. It guarantees the identity of the card user. For any question about the 3D Secure code (obtaining, losing, modifying, etc.), the CUSTOMER can contact his bank directly. CAUTION: After 3 authentication failures, the CLIENT transaction is canceled. His card will be blocked. He will then have to contact his bank.
6.3. Payment verification
In order to protect against certain abusive practices on the part of fraudsters, the SELLER checks the orders that have been validated on his SITE. As part of this control, the SELLER may be required to ask the CUSTOMER for certain documents useful for the validation of his order and in particular a proof of address in his name, or in the name of the person indicated for the delivery address, etc.
6.4. Refusal of payment
In the event that, for any reason whatsoever – opposition, refusal or other – the transmission of the flow of money owed by the CUSTOMER in order to pay for his order would prove to be impossible, the order will be canceled and the sale automatically terminated.
Article 7. SECURE PAYMENT – PROTECTION OF BANK TRANSACTIONS
The SELLER entrusts the security of its transactions to the Stripe service provider. Payment is secure thanks to the online payment system of its partner Stripe. Bank data only circulates on the Internet in encrypted form, that is to say they are coded so as to make them completely illegible and are thus never kept by the SELLER.
Article 8. PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when they return PRODUCTS under the conditions set out in Article 10 of these General Conditions of Sale.
Article 9. RESPECT FOR PRIVACY
All personal data communicated by the CUSTOMER on the SITE is subject to computer processing intended for the processing and DELIVERY of orders. These data are exclusively reserved for the SELLER.
In accordance with the amended law “Informatique et Libertés” n ° 78-17 of 6 January 1978, the CUSTOMER has the right to access, modify, rectify and delete data concerning him by sending an e-mail to the ‘address: [email protected] .
The CUSTOMER can subscribe to the SELLER’s newsletter and thus choose to be regularly informed of the brand’s news. He has, at any time, the possibility of unsubscribing by clicking on the link provided for this purpose on each of the newsletters received.
Article 10. RETURN, EXCHANGE AND REFUND
As a consumer, the CUSTOMER has the legal right to withdraw from a contract within 14 days of DELIVERY of the PRODUCTS. This means that during this period, if the CUSTOMER changes his mind or decides, for any reason whatsoever, that he does not wish to keep a PRODUCT, he can notify the SELLER of his decision to cancel the contract and benefit from reimbursement.
The right conferred on the CUSTOMER to return items to the SELLER does not apply to PRODUCTS which have already been used or which are not intact.
To cancel a contract, the CLIENT must simply inform the CLIENT of his decision to withdraw. The easiest way to do this is to send an email to [email protected] including information about their order to help the SELLER identify it.
The CUSTOMER can use the model withdrawal form shown below:
(Please complete and return this form only if you wish to withdraw from the contract.)
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
(*) Cross out useless.
If the CUSTOMER withdraws within 14 days from the date of DELIVERY of the products:
– He must return the PRODUCTS of his order to the SELLER as soon as possible and at the latest within 14 days from the day on which he notified his wish to terminate it. Otherwise, the right of withdrawal has no effect and the sale is final;
– The PRODUCTS must be returned intact, clean and complete (that is to say in perfect condition for resale, unmodified, in their original packaging), accompanied by any instructions and accessories;
– The PRODUCTS must be returned to the following address:
Moulet Rosalie – 7, avenue Sidi Brahim – 06130 Grasse;
– The CUSTOMER must also include in the returned package a copy of his invoice;
– It is recommended to request proof of shipment since the SELLER assumes no responsibility for the PRODUCTS returned lost during their delivery;
– Return costs are the responsibility of the CUSTOMER;
– The SELLER will reimburse the CUSTOMER for the amount of his order, including any delivery costs. However, the CUSTOMER must know that his reimbursement may be reduced in order to take into account any devaluation of the PRODUCTS if they have been handled in a manner that would not be authorized;
– The SELLER will refund using the same means of payment as that used for the initial transaction no later than fourteen days from the day the SELLER is informed of the CUSTOMER’s decision to withdraw, and subject to receipt of the products. in good condition or the provision by the CUSTOMER of proof of the actual shipment of the products;
– If the CUSTOMER cancels his order without returning the PRODUCTS to the SELLER within 14 working days from the notification of his wish to cancel the order, the SELLER will be authorized to keep the amount of the refund.
Article 11. INTELLECTUAL PROPERTY
The scented candles presented on the SITE are original creations of the Moulet Rosalie company protected by articles L 122-4, L 335-2 and L 335-3 of the intellectual property code.
Any reproduction of the SYNAE COLLECTION brand and logo, photographs and images of the SITE, in whole or in part, is strictly prohibited.
Article 12. LIMITATION OF LIABILITY
The SELLER cannot be held responsible with regard to third parties, in the event of indirect damage, special damage or incidents resulting from negligence, failure or clumsiness of the CUSTOMER, or resulting from improper use by the CUSTOMER of one of the PRODUCTS offered for sale on the SITE.
The responsibility of the SELLER can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
Regarding access to the site, consultation of the latter, the ordering process, payment, delivery and service, the SELLER has only an obligation of means. The SELLER cannot be held liable for any inconvenience or damage inherent to the Internet network, in particular any disruption of the connection or any intrusion of a computer virus. In addition, the SELLER is exempt from any liability for any fact qualified as force majeure within the meaning of the jurisprudence of the Court of Cassation. Finally, the SELLER’s liability is limited to the amount of the CLIENT’s order.
Article 13. LEGAL GUARANTEE
The products sold on the SITE are subject to the legal guarantee of conformity set out in articles L.217-4 et seq. Of the Consumer Code and to the guarantee against hidden defects set out in articles 1641 et seq. Of the Civil Code.
13.1. Legal guarantee of conformity
Article L. 217-4 of the Consumer Code : The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. Article L. 217-5 of the Consumer Code: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: – if it corresponds to the description given by the seller and has the qualities that – here presented to the buyer as a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L. 217-12 of the Consumer Code : The action resulting from the lack of conformity lapses two years after delivery of the goods.
13.2. Guarantee against defects in the item sold
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them. Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
When acting as a legal guarantee of conformity, the customer:
– has a period of two years from the delivery of the good to act;
– may choose between repairing or replacing the item, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and can in this case choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the Civil Code.
Article 14. LITIGATION – CLAIM – INFORMATION
If the CUSTOMER has a question, a complaint or needs information relating to these General Conditions of Sale, the CUSTOMER can send an email to the following address: [email protected] .
Article 15. APPLICABLE LAW
The CUSTOMER accepts and fully acknowledges that French law governs these General Conditions of Sale, as well as any dispute or litigation that may arise between the CUSTOMER and the SELLER. In addition, the CUSTOMER accepts that in the event of a dispute, following a visit or a purchase on the SITE, the French courts are recognized as having jurisdiction.
*************************************************** *************************************************** *************************************************** ************************************
General Conditions of Provision of Services to Individuals
Article 1. GENERAL PROVISIONS
The present general conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties on the occasion of services carried out by our services within the framework of workshops on reservation or events of a private nature.
The service provider, the Moulet Rosalie company, organizes various workshops on olfactory and perfumery with an educational, cultural or event character.
By registering for an activity or accepting in any form whatsoever our offer of services, our client expressly acknowledges having read these general conditions and having accepted them.
The provisions which are not expressly derogated from remain in force. Only exemptions that are the subject of a written agreement on our part can modify the application of these general conditions.
Article 2. PAYMENT
The reservation of workshops for individuals requires payment of the full price of the activity at the time of reservation, and for the reservation of a private group event, no later than twenty-one (21) days calendars before the start of the activity.
Any cancellation by a participant within a period of less than 7 calendar days before the start of the reserved activity does not give the right to any refund.
In the event of no-show at a workshop, for any reason whatsoever, the reservation will be retained at 100% as a penalty. Under no circumstances will a no-show result in a total or partial reimbursement of the participation costs.
All workshop or activity participation fees must be paid before the start of the activity.
Workshops by reservation require the participation of at least 4 people, and the company reserves the right to postpone the session to a later date if this number should not be reached.
In case of cancellation of a workshop, the company will offer the customer another date or a refund to his bank account.
The date and location of a workshop may be subject to change up to 7 days before the start of the workshop.
If the company had to postpone a session, it would offer each participant or group of participants to postpone it to a date that will also suit the participant, or to reimburse it to their bank account.
Article 3. RESPONSIBILITIES
The service provider undertakes to ensure the customer a constant quality of service and to give him the assistance most suited to his needs and the most in accordance with the state of knowledge. The service provider’s obligation is an obligation of means, and cannot engage him as to the result.
In order to prevent any annoyance, the service provider strongly encourages anyone participating in its events and workshops to communicate as soon as possible the existence of any sensitivity or allergy to perfume products. In the absence of such a prior warning, the service provider cannot be held responsible, for an unlimited period in time, in the event of a reaction of any kind suffered by the lessee who has no facto took the precautions that would normally have been required for his personal situation, unknown to the service provider.
The service provider cannot be held responsible, and this for an unlimited period in time, in the event of no prior warning by a service taker of his own characteristics.
All the scented products used during the workshops are developed according to the standards in force and with a view to normal conditions of use. The company informs the participants during the workshops of the dangers that can result from an inappropriate use of raw materials and scented products, in particular by interference or projection in the eyes. Consequently, the company declines any responsibility relating to the consequences of the manipulations carried out during the workshops and to the use which could be made, subsequently, by the participants, of their own creations.
Article 4. APPLICABLE LAW AND COMPETENT JURISDICTION
French law applies to everything that has not been explicitly agreed in these conditions.
Unless imperative legal prescription to the contrary, only the commercial jurisdictions on which the head office of the service provider depends.