TERMS AND CONDITIONS
This document (and any document mentioned hereafter) establishes the general conditions of use of this website (http://vilhelmparfumerie.com ) as well as the general conditions of sale of products through the latter (hereafter the "Conditions").
These Terms are subject to change. It is your responsibility to review them regularly as the applicable terms will be those in effect at the time you use this website or enter into the Agreement (as described below).
If you have any questions about the Terms or the Data Protection Policies, please contact us by completing the form provided.
The Purchase Agreement between us (the "Agreement") may be concluded, at your option, in English or French in accordance with the Terms and Conditions available on this website.
2. OUR CONTACT DETAILS
The sale of products through this website is carried out under the name "VILHELM PARFUMERIE" by VILHELM PARFUMERIE, a simplified joint stock company with a capital of €100,000, whose registered office is located at 36 rue des Jeuneurs, 75002 Paris, France, registered with the Paris Trade and Companies Registry under number 843 613 142, which can be reached at the following e-mail address: firstname.lastname@example.org.
3. YOUR CONTACT DETAILS AND VISITS TO THE WEBSITE
Any information or personal data that you communicate to us will be treated in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and contact details and declare that all the information or contact details provided are true and accurate.
4. USE OF OUR WEBSITE
By using this website and placing orders on it, you agree to:
i. Use this website only for the purpose of making legally valid enquiries or placing legally valid orders.
ii. Not to place false orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel it and notify the relevant authorities.
You will not be able to place an order if you do not provide us with all the required data.
By placing an order on this website, you declare that you are over 18 years of age and that you have the legal capacity to enter into contracts.
5. AVAILABILITY OF SERVICES
The delivery service for the products offered on this website is available for the European countries listed below only:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Romania, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
6. CREATING AN ACCOUNT
Any User may place an order on the Site by creating a customer account.
The Customer must provide the information necessary for the creation of his Account during his first connection, and in particular his surname, first name, date of birth, email address and home address.
The Customer guarantees that he has the power and capacity to create the Account and place orders.
During the Account creation process, the Customer undertakes to read the TERMS AND CONDITIONS OF SALE AND USE when he materializes his consent to them by ticking the box "I accept the general terms and conditions of use". The Customer is free to accept or refuse the TERMS AND CONDITIONS OF SALE AND USE.
In the event of refusal of the TERMS AND CONDITIONS OF SALE AND USE, the Customer will not be able to place orders on the Site.
Upon acceptance and/or at the end of the process of booking an Order, the Customer receives an e-mail confirming the creation of the Account.
The creation of an account allows to have a summary of the orders already placed, to memorize his delivery address and his billing address.
An electronic invoice will be available by clicking on the PDF document included in the email confirming your order.
7. PURCHASING PROCESS
To place an order on the Site, you must follow the online purchase procedure.
On the Site, you can select the products you wish to order as well as their quantity.
You are limited to 5 products per order.
Once you have selected the products and the quantities in your basket, you can finalize your order by clicking on your basket.
A summary of the selected products and the price of the order will be displayed before confirmation of payment.
8. PRODUCT AVAILABILITY
All product orders are subject to availability.
In the event of supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of the same or higher quality or value. If you do not wish to order these replacement products, we will refund any amount paid.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to replace or modify any content or information on this website. Although we always try our best to fulfil all orders, exceptional circumstances may arise such as a manufacturing or stock problem or a payment incident, which may oblige us to refuse to process an order after sending you the Order Confirmation.
In this case, if payment has already been made, we will refund all amounts paid, including delivery charges as soon as possible, using the same payment method you used for the transaction. In any case, this refund will not entail any costs at your expense.
We shall not be liable to you or any third party for the removal of any product from this website, the removal or alteration of any material or content contained on this website, or the failure to process an order in the above circumstances after sending the Shipping Confirmation.
10. METHOD AND DELIVERY TERMS
Subject to the provisions of clause 8 above relating to the availability of products, and except in exceptional circumstances, we will use our best efforts to deliver the product(s) shown on the Shipping Confirmation before the delivery date indicated or, if no date is indicated, within the indicative period given when choosing the method of delivery, and in any event within a maximum period of 30 days from the date of the Order Confirmation.
Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the carrier or the place of delivery.
As for the virtual gift card, it will be delivered on the date you have indicated when you place the order.
Shipping options may vary depending on the delivery address, the time of your purchase and the availability of the items.
When you place an order, we will let you know what shipping methods are available, the cost and the estimated delivery date.
Delivery is free for all orders over 80 euros.
For all orders paid before 1pm Monday to Friday, the order is prepared and shipped the same day.
For any order paid after 1pm from Monday to Thursday, the order will be prepared and shipped the next day.
For any order paid after 1pm from Friday to Sunday, the order will be shipped the following Monday.
For all orders placed on public holidays, the order will be shipped the next working day.
The delivery will be made by the carrier " DHL " according to the following options and charges:
You can receive your order directly at home,
- Metropolitan France for 9 € including VAT, free delivery for all orders over 80 €;
- European Union 15 € or £15 including VAT, free delivery for any order over 80€ or £70. Express
You can receive your order even faster at home,
- France Express for 15€ including VAT, free delivery for all orders over 150€;
- European Union 20€ or £20 including VAT, free delivery for all orders over 150€ or £150.
Express Delivery Paris available for 20€ including VAT, free delivery for any order over 210€.
From the time of the shipping, it will be necessary to add the delivery time of our carrier.
If we are unable to meet the delivery date for any reason, we will inform you and offer you either to continue the purchase process with a new delivery date, or to cancel your order and reimburse you the full amount you have paid.
Please consider that no home delivery is made on Saturdays, Sundays or public holidays, except in the case of the virtual gift card, which will be delivered on the date you have indicated to us.
For the purposes of these Terms and Conditions, "delivery" will be deemed to have been made, or the order will be deemed to have been "delivered", at the time when you or a third party designated by you are in physical possession of the products, which will be evidenced by the signature of the acknowledgement of receipt of the order at the delivery address provided by you.
The virtual gift card will be considered to have been delivered, on the date of the shipping of the card to the e-mail address you have indicated to us.
11. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, your order will be returned to our warehouse.
If the order has still not been delivered, for reasons for reasons that are not imputable to us, after a period of 30 days from the date your order was available for delivery, we will consider that you wish to terminate the Contract and the Contract will be cancelled.
Upon termination of the Contract, we will refund to you all amounts paid, including delivery charges (except for any additional charges for choosing a method of delivery other than the ordinary and cheapest method of delivery offered by us), as soon as possible and in any event within 14 days of the Contract being deemed to be terminated.
Please note that we shall be entitled to charge you for any additional transport costs incurred in connection with the termination of the Contract.
This clause does not apply to the virtual gift card.
12. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
You will assume the risk relating to the Products from the time of delivery as defined in clause 10 above.
Ownership of the products shall not pass to you until full payment of all sums due, including delivery charges, has been received, or at the time of delivery (as defined in clause 10 above) if later than the date of payment.
13. PRICE AND PAYMENT
The price of the products will be the one indicated at any time on our website, except in case of obvious error. Errors may occur despite our best efforts to ensure that the prices shown on the website are accurate. If we detect an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer to either confirm your order at the correct price or cancel the order. If we are unable to contact you, the order will be considered cancelled and we will refund you the full amount paid.
We are not obliged to sell a Product at an incorrect lower price (even after we have sent you an Order Confirmation), if the error is manifest and unambiguous and you are reasonably able to identify it as such.
The prices displayed on our website include VAT but exclude delivery charges, which will be added to the total amount payable.
Prices are subject to change at any time. However, no changes will have any effect on orders in respect of which a Shipping Confirmation has already been sent, except as described above.
Once you have selected all the products you wish to purchase, they will be added to your shopping cart.
We will then process your order and you will be asked to make payment. To this end, you must follow the different steps of the purchase process, indicating or verifying the information required at each one.
During the purchase process, you always have the possibility to modify your order data before proceeding to the payment.
In addition, if you are registered as a user in our system, all the data relating to the orders you have placed with us are available in the "My Account" section.
You can make payment using the following credit cards:
Visa, Mastercard, American Express and Visa Electron, as well as Apple Pay and PayPal.
You can also pay for all or part of your purchases with a virtual gift card.
Gift cards cannot be purchased with any other gift card.
The virtual gift card is not exchangeable or refundable and is valid for 1 year from the date of issue of the email confirming the order.
For the management of financial flows, we use the company STRIPE, a payment service provider. The payment services provided by the company STRIPE on the Platform are subject to STRIPE's general conditions of use and are available at the following address: https://stripe.com/fr/legal.
By using the Website, you agree to these terms and conditions of use.
Your card details will be encrypted to reduce any risk of unauthorized access. Once your order has been placed, we will make a request for pre-authorization for credit card debit to ensure that you have sufficient funds to complete the transaction.
Your card will be debited with the corresponding amount when the products you have ordered leave our warehouse.
If you are paying via Paypal, the charge will be made when we confirm the order.
By clicking on "Authorize/Confirm Payment", you confirm that the credit card belongs to you or that you are the rightful owner of the gift card.
Credit cards are subject to validity checks and authorization by the card issuer. If we do not receive the required authorization for payment, we will not be liable for late or non-delivery of the Products and we will not be able to enter into a Contract with you.
An electronic invoice will be made available to you on our website in the "My Account" section or sent to you by email if you have ordered as a guest.
14. ORDER CONFIRMATION
Once the order has been paid for, you will receive on the e-mail address communicated during the purchase process, a confirmation of the order, a summary of the products purchased and the price paid.
This email will also specify the time of shipping of the order and the terms and conditions related to refunds or exchanges.
15. VALUE ADDED TAX
Purchases made through this website are subject to value added tax (VAT) at the rate legally in force on the day of sale.
16. EXCHANGE/RETURN POLICY
16.1 Legal right of cancellation
Right of cancellation
As a consumer, you have the right to cancel the Contract within 14 days without giving any reason.
The cancellation period shall expire at the end of 14 days from the date on which you or a third party other than the carrier designated, comes into physical possession of the products or, in the case of several products forming part of the same order but delivered separately, at the end of 14 days from the date on which you or a third party other than the carrier, comes into physical possession of the last product ordered.
To exercise your right of cancellation, please inform VILHELM PARFUMERIE of your decision by e-mail or postal letter. You can contact us by e-mail at the following address: email@example.com, or by post at the following address: VILHELM PARFUMERIE Customer Service, 36 rue des Jeuneurs, 75002 Paris.
The cancellation period is respected if you send us your mail informing us of your decision to exercise your right before the expiry of the cancellation period.
Effects of cancellation
If you decide to cancel the Contract, we will refund all amounts paid, including the cost of delivery to the original place of delivery (except for any additional costs associated with choosing a method of delivery other than the cheapest standard method of delivery offered), as soon as possible and in any event within 14 days from the day we are notified of your decision to cancel the Contract.
The method of refund will be the same as the method of payment you used for the original transaction.
In any case, this refund will not involve any costs to you.
Regardless of the above, we may withhold the refund until we have received the returned products or until you have provided us with proof of the return of the products, whichever is earlier.
Please return the products in question without undue delay, and in any event within 14 days of notification of your decision to cancel this Contract as set out below. The time limit is met if you return the products to us before the expiry of the 14-day period.
The costs of return will be borne by VILHELM PARFUMERIE.
You are only liable for any depreciation in the value of the products resulting from handling other than that necessary to ensure the nature, characteristics and functioning of the products.
16.2 Contractual right of cancellation
In addition to the legal right of cancellation granted to consumers, mentioned in clause 16.1 above, you have the possibility to return any product to us within 30 days from the date of receipt of the order.
In case of return of products made under the contractual right of cancellation after expiry of the legal cancellation period, the refund will only cover the amount paid for these products.
Delivery costs will not be refunded.
The direct costs incurred following the return of the products will be borne by VILHELM PARFUMERIE.
You may exercise your right of cancellation under the provisions of clause 16.1 above. However, if you inform us of your decision to cancel the Contract after the expiry of the legal cancellation period, within a period of 30 days from the date of the Order Confirmation, you must in any case return the products to us so that we receive them within 30 days from the date of the Order Confirmation.
16.3 Common provisions
You will not have the right to cancel the Contract if it relates to the delivery of any of the following products:
- candle products;
- the "body line" products.
Your right to cancel the Contract will only apply to products that are returned in the same condition as when you received them.
The products must be in their original undamaged condition, still with the safety film, and with any possible special packaging and accessories.
Incomplete, damaged, worn, opened, or altered items will not be accepted for return.
You are therefore requested to take good care of the product(s) in your possession. Please return the products using or including their original packaging, instructions and any other documents, if applicable, accompanying the product(s).
In case of cancellation of the Contract, the corresponding products must be returned by package to the following address: VILHELM PARFUMERIE, 36 rue des Jeuneurs, 75002 PARIS.
After examining the returned product, we will indicate whether or not you are entitled to a refund of the sums paid. Delivery costs will be refunded if the right of cancellation is exercised within the legal period and if all the products in question are returned.
The return costs will also be refunded if the package was sent within 30 days of the return authorization.
Reimbursement will be made as soon as possible and, in any case, within 30 days from the date on which you informed us of your decision to cancel the Contract.
Notwithstanding the foregoing, we may postpone the refund until we have received the returned goods or until you have provided us with proof of the return of the goods, whichever is earlier. The method of refund will always be the same as the method of payment for your purchases.
Please note that, following the delivery of your order, in case you exercise your legal or contractual right of cancellation and if you are the one who organizes the transport of the returned products, and this without having recourse to the return service proposed by us, we will not be able to assume the risk linked to the return of the products when it results from causes not attributable to VILHELM PARFUMERIE.
You are also reminded that you are responsible for the contents of the packages.
In the event of an error in the contents of the returned package, not attributable to VILHELM PARFUMERIE, if it is possible to organize the return of the package to your attention, we will be able to make you bear the corresponding costs.
In any case, nothing in this clause shall prejudice your legal rights.
16.4 Returns of Defective Products
If the product is damaged at the time of delivery, you must contact us immediately using the form provided for this purpose, indicating the characteristics of the product in question and the nature of the defect; we will then tell you how to proceed.
We will examine the returned product in detail and inform you by e-mail within a reasonable period of time whether the product can be exchanged or whether you are entitled to a refund (if applicable). We will refund or exchange the product as soon as possible and in any event within 14 days from the date we confirm by email that you are entitled to a refund or exchange of the product in question.
If a defect or damage is found, the returned products will be fully refunded, including any delivery charges paid by you and any costs incurred in returning them. The method of refund will always be the same as the method of payment for your purchases.
All the rights that you benefit from under the regulations in force are preserved in all cases.
16.5 Cancellation of an order
If you wish to cancel an order and it has not yet been shipped, simply log into your account, section "my orders", "cancel my order".
17. LIABILITY AND DISCLAIMERS
17.1. Our liability under these Terms and Conditions shall not be engaged in the event that the non-performance of our obligations is attributable to the fact of a third party, to your fault or to an event of force majeure as defined by Article 1218 of the French Civil Code and by case law.
Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
i. death or personal injury caused by our negligence; ii. fraud or fraudulent misrepresentation; or iii. in any case where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit our liability.
Due to the public nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not warrant the accuracy or security of any information transmitted or obtained through this website, unless expressly stated otherwise.
All documents, descriptions and product information on this website are provided "as is" without warranty of any kind, either express or implied, except as required by law.
In this sense, if you are a consumer party to the Contract, we are obliged to deliver to you products which comply with the Contract and we are liable to you for any lack of conformity found at the time of delivery. The products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description we have provided and have the characteristics we have set out on this website; (ii) they must be fit for the purpose for which products of this kind are generally designed; (iii) they must meet the quality and performance criteria which are generally accepted for products of the same kind and which can reasonably be expected.
To the extent provided by law, all warranties are excluded, except for warranties for the benefit of consumers, which cannot legitimately be excluded.
As a consumer, if you feel that your rights have been infringed, you can send your complaint to the following e-mail address: firstname.lastname@example.org in order to request an amicable settlement.
18. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in all information or content on this website shall at all times be owned by us or our licensors. You may only use this information to the extent that you are expressly authorized to do so by us or our licensors. This does not prevent you from using this website to copy information necessary for your order or identification information.
19. HACKING AND OTHER COMPUTER CRIMES
You must not misuse the Website by intentionally introducing viruses, Trojan horses, worms, logic bombs and other malicious or technologically harmful devices. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database in connection with our site. You agree not to attack this website through a denial of service or distributed denial of service.
Any violation of this clause constitutes a criminal offence under applicable regulations. We will notify the appropriate authorities of any such violation and will cooperate with such authorities to discover the identity of the hacker. Similarly, in the event of a breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any loss or damage resulting from a denial of service attack, virus or other malicious or technologically harmful device or material caused to your computer, equipment, data or information as a result of your use of this website or after downloading files from this website or files from other sites to which this website has directed you.
20. LINKS ON OUR WEBSITE
If our website contains links to other websites and data of third parties, these links are provided for information purposes only and we have no control over the content or data of these sites. Accordingly, we accept no liability for any loss or damage resulting from the use of these links.
21. WRITTEN COMMUNICATIONS
Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us will be primarily electronic. We will contact you by e-mail or notify you through alerts posted on our website. For contractual purposes, you consent to the use of this electronic means of communication and you agree that all contracts, announcements, information and other messages that we send to you electronically comply with the legal provisions requiring such communications to be in writing. This provision does not affect your rights.
Please preferably use our contact form to send us your notifications. Unless otherwise specified, we may send you notifications to the e-mail or postal address you provided when you placed your order.
It is understood that notifications will be properly made and received at the time they are posted on our website, 24 hours after an e-mail is sent, or three days from the postage date of any letter. In order to prove that a notice has been given, it will be sufficient to demonstrate, in the case of a letter, that the address was correctly written and that it was franked and posted; in the case of an e-mail, it will be sufficient to demonstrate that it was sent to the e-mail address indicated by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement shall be binding on the parties and on their respective successors, assigns and assigns.
You may not assign, charge, encumber or otherwise transfer the Agreement or any of your rights or obligations under the Agreement without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise transfer a Contract or any of the rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, encumbrances and other transfers will be without prejudice to your legal rights, if any, as a consumer, and will not constitute any limitation, restriction or exclusion of any express or implied warranties we may have given you.
24. FORCE MAJEURE
We shall not be held liable for any non-performance or delay in the performance of our contractual obligations caused by events beyond our reasonable control (hereinafter "Force Majeure") as defined in Article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that our contractual obligations will be suspended for as long as the Force Majeure event lasts and, on the other hand, that our lead times for fulfilling these obligations will be extended for a period equivalent to that of the Force Majeure event. We shall endeavor as far as possible to put an end to the Force Majeure or to find a solution enabling us to perform our contractual obligations despite the Force Majeure.
25. RIGHTS OF RENUNCIATION
If we cease to require strict performance by you of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these Terms, this shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you from complying with your obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies under this Agreement or the Terms.
No waiver by us of any such right, remedy or condition under the Agreement will be effective unless it is expressly stated to be a waiver and is communicated to you in accordance with the notice provision above.
26. PARTIAL NULLITY
If any one of these Terms and Conditions or any one of the provisions of the Contract is deemed null and void according to an irrevocable decision by a competent authority, the other terms and conditions shall remain applicable without being affected by this decision.
27. ENTIRE CONTRACT
These Terms and Conditions and any document indicated in these same Terms and Conditions constitute the entire Contract concluded between the parties with respect to the subject matter hereof and supersede any prior oral or written agreement between the parties.
The parties agree that neither of them has relied on any statement or promise made by the other party or arising from any written or oral statement made in the course of negotiations between the parties prior to the conclusion of the Contract, except as expressly provided for in these Terms and Conditions.
Each of the parties waives any recourse in respect of any false oral or written statements made by the other party prior to the date of signature of the Contract (unless such false statements were made fraudulently). The sole remedy available to the other party shall be for breach of the Contract as set out in these Conditions.
28. OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms at any time.
29. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products on this site shall be governed by French law.
Any dispute arising out of or relating to the use of the site or the said Contracts shall be subject to the non-exclusive jurisdiction of the French courts.
The provisions of this clause in no way affect the rights you enjoy as a consumer under the applicable legislation.
30. COMMENTS AND SUGGESTIONS
Your remarks and comments are always welcome. You can send them to us using the contact form.
Official complaint forms are also available for consumers and users. You can obtain them by sending an e-mail to: email@example.com.
Formulaire de rétractation
(Veuillez compléter et renvoyer le présent formulaire ainsi que votre numéro de commande uniquement si vous souhaitez vous rétracter du contrat. Nous vous conseillons de préciser également votre numéro de commande)
A L’attention de
Je vous notifie par la présence ma rétractation du contrat portant sur la vente du bien ci-dessous :
Commandé le [……………..]Reçu le [……………..]
(*)Nom du (des) consommateur(s) :
Adresse du (des) consommateur(s) :
Signature du (des) consommateur(s) (uniquement en cas de notification du présent formulaire sur papier) :
(*) Le cas échéant