General Conditions of Sales
‘Account’ means a valid account held by a User that can be used to place Orders;
‘Content’ means the content owned by D’Orsay (text, sounds and videos) and which We post on our Website;
‘Customer’ or ‘You’ means any individual or legal entity that may or may not have a valid Account and/or that places one or more Orders;
‘Order(s)’ means a firm order placed by You to purchase one or more Products available on our Website;
‘Personal Data’ means any information relating to an identified or identifiable natural person, i.e. one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘Product(s)’ means the perfumes and cosmetics and, generally, the products offered for sale by D’Orsay on our Website. All of the Products offered for sale on our Website are new;
‘User’ means any person – who may or may not be a Customer – who visits or browses our Website.
‘Website’ means the D’Orsay online store accessible from any device (including a mobile phone and tablet) at www.dorsay.paris on which Users can place an Order.
II. THE WWW.DORSAY.PARIS WEBSITE
The Website is published by D’Orsay International, a French sole-shareholder société par actions simplifiée (simplified joint-stock company) with a share capital of €50,000, registered in the Paris Trade and Companies Register under number 812 823 847 and whose registered office is at 55 Avenue Montaigne, 75008 Paris (France), represented by its President, AH Consulting, which is in turn represented by its Manager, Ms Amélie Huynh (‘D’Orsay’, ‘We’ or ‘Us’).
By registering on our Website and/or placing an Order, You are deemed to have accepted these Terms and Conditions, which are permanently available to Users on our Website.
Users acknowledge having read and understood these Terms and Conditions and hereby agree to be bound by them.
We have a discretionary right to vary these Terms and Conditions at any time, on the understanding that the applicable version shall be the version which You accept when placing your Order.
III. PLACING AN ORDER ON OUR WEBSITE
Orders are placed on our Website.
3.1. Creating an Account or using our Website as a guest without creating an Account
To place an Order, Users may create an Account by choosing a password or use our Website as a guest, without creating an Account.
Users who create an Account will receive an e-mail from Us confirming their registration.
Users who already have an Account simply need to enter their password in order to log in. Passwords are strictly personal and confidential. Users are advised to regularly change their password and to choose a complex password that includes letters, numbers and special characters. Users must not share their password with anyone. Users will be liable for the loss or theft of their password if they are found to have acted wrongfully, and must notify D’Orsay accordingly without delay.
3.2. Selecting Products and adding Products to your basket
Users may select the Products of their choosing, subject to availability and our acceptance of their Order.
The total price including VAT will be displayed on our Website and VAT will be charged on your entire Order. Information on delivery charges, delivery timeframes and returns can be found on the ‘Help’ page of our Website.
In order to add a Product to your basket, You must:
- select your Product and the quantity You wish to purchase; and
- click on ‘Add to basket’.
The number of items in your basket will be updated each time a Product is added to your basket.
Users may obtain a summary of the selected Product(s) in their basket at any time, continue shopping on our Website or complete their Order by making a payment.
3.3. Making a payment to complete your Order
Before completing your Order and paying, You will be directed to a page of our Website containing details of your chosen Product(s), which You may change should You so wish.
Before paying for your Order, You must enter your billing and delivery details, and select a delivery method, which will be charged at the rates shown.
You will then be informed of the estimated delivery date of your Products (between two (2) and seven (7) days on average).
Before paying, You can check your Order and must accept these Terms and Conditions.
Incorrect Orders may be amended until You have clicked on ‘Place order’ (or a similar icon) on the last page of the Order process. A contract between You and D’Orsay will be formed only once You have clicked on ‘Place order’ (or a similar icon).
You may pay for your Products by any of the payment methods proposed on our Website, including bankcard (for example MasterCard, Visa or American Express) and PayPal.
We will not process your Order until it has been paid for.
3.4. Order confirmation
Once You have placed your Order, a summary of the Order, including your transaction number, will be available in your Account. This summary will be sent to You in a confirmation e-mail containing the terms of the sale contract between You and D’Orsay.
You expressly accept that this information will be binding proof of the type, content and date of your Order.
3.5. Delivery of Products to the address provided by You
Products will be delivered to the address You provided when placing your Order.
You may track the delivery of your Order on our Website by logging into your Account.
Deliveries may include free samples that are not part of your Order.
IV. TERMS OF PURCHASE AND CUSTOMER WARRANTIES
Customers (individuals) who wish to place an Order must be of full age (or otherwise be over 16 and place an Order with their parent or guardian) and must be legally capable of entering into a contract.
If You are placing an Order on behalf of a legal entity, You represent and warrant that You have the authority to do so. We may then limit the number of Products that may be ordered according to our stock, and You agree to purchase the relevant Products for personal use, not to resell them to a third party.
You warrant that the Products will not be delivered, sold or distributed for business purposes.
Any Order placed in breach of this clause will be null and void.
By confirming an Order, You are submitting an offer to D’Orsay to purchase the Products added to your basket. We reserve the right to reject, cancel and terminate an Order at any time if We have a valid reason for doing so, particularly due to a breach of these Terms and Conditions or attempted fraud.
V. PRODUCT INFORMATION & AVAILABILITY OF PRODUCTS OFFERED FOR SALE ON THE WEBSITE
The Products We offer for sale are those appearing on our Website and for which You may place an Order, unless a Product is exceptionally unavailable or We exercise our right of withdrawal.
Offers – including promotional offers – are valid for so long as they appear on our Website. We will not be bound by any promotional offer that does not appear on our Website.
We use our best efforts to fulfil the requirements imposed under Article L111-1 of the French Consumer Code, by posting information on the essential characteristics of our Products online. Product photographs are provided for illustration purposes only and are not contractually binding.
Please read the description of our Products for information on their essential characteristics. Product information is available at least in French and English. Users may also visit our stores to obtain personal advice and test the Products offered for sale on our Website.
We will notify You as soon as possible if, exceptionally, a Product You have ordered is unavailable, in which case You may amend or cancel your Order.
VI. PRODUCT PRICES & DELIVERY CHARGES
The prices of our Products are net prices stated in euros, they include VAT and any other taxes, and are indicated on our Product description and order pages exclusive of special delivery charges.
Products will be charged at the price applicable on the Order confirmation date.
Invoices for Products shipped outside the European Union and/or to French overseas counties, regions and communities (DROM-COM) automatically exclude tax. Customs duties, other local taxes, import duties and government taxes may be charged in certain cases. We are not liable for these duties or taxes, which must be paid by You, including in relation to the relevant formalities (declarations, payment to the appropriate authorities, etc.). Please contact the appropriate local authorities for information on these matters.
We reserve the right to amend our prices at any time.
Information on our packaging and postage charges is available on our Website and will be provided to You before You confirm your Order.
We are not required under any circumstances to apply the prices appearing on our Website when an Order is placed to future orders. We may change the prices of our Products at any time and without notice, except for Orders already pending.
VII. PAYMENT & BILLING
You must pay for your Order in full by bankcard, PayPal or any other means proposed and accepted by D’Orsay.
To pay for your Order, You must enter the payment details registered with your online payment processor. Bankcard transactions are secure.
If payment is declined, We reserve the right to suspend the processing and delivery of your Order and You must directly contact your card issuer.
Order Products shall remain the property of D’Orsay until We have received payment in full. In the event of a payment irregularity, You agree to return the Product(s) You have received to Us at our first request. On the delivery date, You will assume the risks associated with the Products delivered (notably the risks of loss, theft and damage).
All invoices are raised on the date of the relevant Order. Your invoice will be sent to You and a copy will be included in the package containing your Products. Your invoices will be available via your Account for a limited period.
VIII. RELATED SERVICE OFFERED BY D’ORSAY: GIFT WRAPPING
You may ask for your Product(s) to be supplied with gift wrapping.
IX. DISPATCH & DELIVERY
Products will be delivered to the delivery address You provided when placing your Order.
Unless otherwise stated on our Website, We will ship Products to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, mainland France including Corsica and Monaco (excluding French overseas counties, regions and communities), Germany, Great Britain, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland. We also propose deliveries to the United States.
Delivery timeframes are stated on our Website and vary, unless stated otherwise, between one (1) and two (2) business days (excluding Saturdays, Sundays and public holidays) for France, and between one (1) and three (3) days for the European Union, depending on the destination. For the United States, delivery timeframe can take up to 10 days.
Orders of one hundred and fifteen euros (€115) or more are delivered within the European Union free of charge (standard delivery only). This does not apply for orders to be delivered to the United States. Also, for orders to be shipped to the United States, any order exceeding 500 US dollars will be splitted in 2 parcels, giving right to the perception of twice the shipping fees.
We reserve the right to apply a delivery charge, to change the minimum Order amount required for free delivery, to change our delivery charges and to charge our Customers for delivery, except for Orders pending which We have already confirmed.
Customs duties and other local levies may be charged for deliveries outside mainland France, and You are solely responsible for submitting the relevant forms and paying the relevant charges. Please inquire with your local authorities before placing an Order.
Your Order will be deemed to have been delivered upon acceptance by You or the addressee of your choosing. Upon receipt of your Products, You must check for any damage caused in transit and notify Us immediately of any such damage by sending Us an e-mail at [email protected].
No delivery complaint will be accepted for packages recorded as delivered according to the carrier’s information system or the signature on the acceptance form.
We will not be fully or partially liable for any delay or delivery issue which We can prove is attributable to You, an unforeseeable and unavoidable act or omission by a third party or a force majeure event according to Article L121-19-4 of the French Consumer Code.
X. RIGHT OF WITHDRAWAL FOR NON-BUSINESS CUSTOMERS
In accordance with applicable law, non-business Customers have a right of withdrawal, which they may exercise within fourteen (14) days following receipt of their Product(s).
The right of withdrawal for Customers who have ordered more than one Product will begin upon receipt of the last Product.
If You wish to exercise this right, You must have inspected the Product(s) upon receipt and checked that all of the Products mentioned on the delivery note are included in the package. We will consider that You have accepted your Order unless You notify Us otherwise at [email protected] and return the relevant Product(s) to Us.
You must complete the cancellation form below or notify Us clearly of your wish to withdraw by writing to Us at [email protected].
You must return the Product(s) within fourteen (14) days of notifying Us of your decision to withdraw.
If You exercise your right of withdrawal within the above timeframe, in accordance with Article L121-20-1 of the French Consumer Code, You will be reimbursed for the price of the Order and any delivery charges (excluding any delivery surcharges incurred following a request by You not to use the less expensive standard delivery service offered by D’Orsay as well as customs duties).
We will pay return postage costs and will send You the information needed to return the Product(s) once We have received notice of your wish to withdraw.
Products must be returned in perfect condition, fit for resale, to the address notified by our Concierge or otherwise to the following address: D’Orsay International, 21 Rue de Marignan, 75008 Paris (France). Liquid perfumery Products will be considered to be in perfect condition and fit for resale providing they are returned unopened, undamaged, clean and in their original packaging (excluding gift wrapping), together with any accessories and a copy of the relevant invoice. Non-perfumery Products will be considered to be in perfect condition and fit for resale providing they are returned undamaged, clean and in their original packaging (excluding gift wrapping), together with any accessories and a copy of the relevant invoice.
If a return is accepted following verification of the condition of the Product(s), We will issue a refund via your original payment method within fourteen (14) days of receiving the Product(s) or proof of posting of the Product(s).
Cancellation form to be returned by registered letter (with acknowledgement of receipt):
For the attention of D’Orsay International, 21 Rue de Marignan, 75008 Paris (France) / [email protected]:
I, ____________, hereby inform you that I wish to cancel the contract for the sale of the following ____________ product(s):
Order date: _______________ / Received: ______________
Name of customer: __________________________
Address of customer: _______________________
Signature of customer:
XI. NON-CONFORMITIES AND HIDDEN DEFECTS
This clause is without prejudice to the right of withdrawal referred to in clause X.
In accordance with the law, our Products are covered by the statutory warranties of conformity referred to in Article L217-4 et seq. of the French Consumer Code and the warranties against hidden defects referred to in Article 1641 et seq. of the French Civil Code, which allow You to return faulty and non-conforming Products free of charge.
You have a period a two (2) years from delivery of your Product(s) in which to make a claim under the statutory warranty covering conformity and hidden defects.
Please follow the returns procedure explained in clause X of these Terms and Conditions in order to return the relevant Product(s) by writing to [email protected]. Products must be returned in perfect condition and fit for resale, as described in clause X of these Terms and Conditions.
If a return is accepted, You may ask for the Product(s) to be repaired or replaced or, if neither option is possible, for the sale to be rescinded or the sale price to be reduced for the Product(s) affected by hidden defects.
We will pay return postage costs and will send You the information needed to return the Product(s) once We have received notice of your wish to withdraw.
XI.1 Statutory warranty of conformity
The French Consumer Code states as follows in relation to statutory warranties of conformity:
Article L217-4: ‘The seller shall deliver a product in accordance with the contract and shall be liable for any non-conformities affecting the product upon the delivery thereof.
The seller shall also be liable for non-conformities caused by the packaging or by the assembly or installation instructions where such assembly or installation is the contractual responsibility of the seller or is performed under the seller’s responsibility’.
Article L217-5: ‘The product shall comply with the contract providing that:
1° It is fit for the purpose usually expected of a like product and, where applicable:
– it corresponds to the description provided by the seller and has the characteristics presented to the buyer by the seller in the form of a sample or model; and
– it has the characteristics which a buyer might reasonably expect in view of the information disseminated to the public by the seller, the manufacturer or their representative, particularly in advertisements or on labels; and
2° It has the characteristics defined by mutual agreement between the parties or is fit for any specific purpose for which the buyer intends to use it, of which the seller has been informed and to which the seller agrees’.
Article L217-12: ‘Any claim made in connection with a non-conformity shall be made within two years of delivery of the product, failing which it will be out of time’.
XI.2 Warranty against hidden defects
The French Civil Code states as follows in relation to warranties against hidden defects:
Article 1641 of the Civil Code: ‘The seller shall provide a warranty against hidden defects affecting the sale item that renders the said item unfit for the purpose for which it is intended, or which affects usage of the product to such an extent that the buyer would not have purchased the product or would have paid less for the product had it been aware of such defects’.
Article 1648 of the Civil Code: ‘Action on the grounds of a latent defect must be taken by the buyer within two years of discovery of the defect. In the scenario covered by Article 1642-1, action must be taken within one year of the date on which the seller ceases to be liable for apparent defects and non-conformities, failing which it will be out of time’.
Under the statutory warranty against hidden defects, once We have assessed the defect, You may choose between the following:
• receive a full refund for the Product(s) returned; or
• receive a partial refund if You decide to keep the Product(s).
XI.3 Warranty exclusions
You are solely responsible for your Account, which enables You to manage your Orders, the Personal Data stored on your Account, your password and the Orders You have placed with or without an Account.
You will be fully liable for any payment irregularity. You warrant D’Orsay that You are authorised to pay for Orders and agree to do so in full.
We are bound by a best endeavours obligation and will therefore not be liable for the following:
– any stock outage likely to affect an Order;
– any non-fulfilment or delayed fulfilment of some or all of our obligations due to an unforeseeable, unavoidable event beyond our control or if the non-fulfilment or improper fulfilment is attributable to You or the unforeseeable and unavoidable actions or omissions of a third party; or
– problems affecting the internet, hosting issues or, generally, any technical issue likely to affect our Website.
Our Website may be temporarily unavailable for technical reasons, in which case no claim may be made against D’Orsay.
Should any claim be made against Us on whatever grounds, our liability shall be limited to the amount of the relevant Order.
Should You have any questions, please feel free to contact Us at [email protected] or by calling +33 (0) 1 56 43 10 57.
XIV. INTELLECTUAL PROPERTY
The D’Orsay brand as well as all figurative and other trade marks and all illustrations, images, logos and content appearing on our Website as well as the Website itself (including but not limited to these Terms and Conditions) are and shall remain the exclusive property of D’Orsay or of the holder of the relevant intellectual property rights.
The modification, use or reproduction of the whole or part of these trade marks, illustrations, images, logos or any content of our Website for any reason and in any medium without the express prior written consent of D’Orsay or of the holder of the relevant intellectual property rights is strictly prohibited. The same applies to all copyright, drawings, designs and patents appearing and/or used on our Website.
XV. ACCOUNT DELETION
You may ask Us to delete your Account by writing to Us at [email protected].
Your Account will be deleted two months after We receive your request, subject to any Orders pending.
You must recover the invoices for your Orders before your Account is deleted.
XVI. FORCE MAJEURE
Neither You nor D’Orsay will be liable for any breach or delay caused by a force majeure event, as defined in Article 1218 of the French Civil Code.
XVII. FINAL PROVISIONS
No forbearance by D’Orsay in relying on a provision of these Terms and Conditions should be considered or construed as a waiver of the relevant provision.
If one or more provisions of these Terms and Conditions are held to be invalid, the other provisions shall remain in full force and effect. In such scenario, the parties must, if possible, replace the cancelled provision with a valid provision that reflects the spirit and purpose of these Terms and Conditions.
Governing law and jurisdiction. These Terms and Conditions are governed by French law. The French version shall prevail over any other version.
In the event of a dispute, non-business Customers must initially refer the matter to mediation or any other alternative dispute resolution method. The parties shall use their best efforts to amicably resolve the dispute. Failing this, You may refer your claim to a mediator free of charge, by going to www.economie.gouv.fr/mediation-conso. The European Commission’s Online Dispute Resolution platform is accessible at https://webgate.ec.europa.eu/odr.
WITHIN THE LIMITS PROVIDED FOR BY LAW, THE TRIBUNAL DE GRANDE INSTANCE (DISTRICT COURT) OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DECIDE ANY DISPUTE THAT ARISES IN CONNECTION WITH THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE TERMS AND CONDITIONS, INCLUDING IN THE EVENT OF AN IMPLEADER OR MULTIPLE DEFENDANTS.