Terms of service
The present General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern the relationship between SociétéParfums Ulric de Varens, a Société par Actions Simplifiées Unipersonnelle with a capital of 2,000. 2,000,000, whose registered office is located at 6 rue de Berri - 75008 Paris, registered in the Paris B Trade and Companies Register under number 321 994 691 (hereinafter referred to as the "Company") and any buyer (hereinafter referred to as the "Customer") making a purchase via the Company's website (hereinafter referred to as the "Site"). The Company and the Customer are hereinafter individually or collectively referred to as the Party or Parties. These GTCs exclusively govern the sale of products offered on the Site. They are accessible at all times on the Site and at the time of registration of the order, the customer validates their acceptance. The Company sells the products present on its distance selling site only to retail and to individuals as end customers, i.e. not acting as a merchant and having the legal capacity to contract. Consequently, any order that clearly does not correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, will be considered by the Company as null and void. Thus, the Company reserves the right to cancel any order involving quantities of products exceeding the normal needs of a Customer or abnormally large order flows destined for a single delivery or billing address.
The products are offered for sale on the following geographical territory: Metropolitan France, Corsica, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Portugal and the Netherlands. The Company makes every effort to ensure that the information published on its Site is as up-to-date as possible and to correct the content at any time and without notice. However, it is specified that the GTC applicable to the order are those accepted by the Client at the time of placing the order. The Company declines all responsibility for direct or indirect damage resulting from fraudulent intrusion by a third party and the possible consequences with regard to the information available on the Site, or the impossibility of accessing or using the Site.
Article 1 – Object:
The purpose of these GTC is to inform the Customers about the characteristics of the products marketed by the Company on the Site https://www.ulric-de-varens.comainsi and to define the rights and obligations of the Parties in relation to the sale and delivery of the products by the Company to the Customer on the Site. Any order placed through the Site or any related service, is subject without reserve to these GTC. Any order placed through the Site or any related service is unconditionally subject to these GTC. The placing of an order on the Site therefore implies full acceptance by the Customer of these GTC, which the Customer acknowledges having read prior to placing the order.
Article 2 - Data processing and liberties:
Parfums Ulric de Varens applies the obligations of the modified law 78-17 of January 6, 1978 relative to "information technology, files, and freedom". In accordance with this law, the Customer has the right to access, rectify and delete data concerning him/her by sending an email to email@example.com or by mail to Parfums Ulric de Varens - Service Clients - P.A. du Parc Expo - 195 rue du Général M. Bourgeois - 27300 Bernay - France, mentioning his/her last name, first name, complete address, and customer number if applicable.
The personal data of the Customer collected and kept by the Company in the context of any order have a single purpose of good management of orders, deliveries, and invoices. However, the Company reserves the right to use the data transmitted by the Client for commercial purposes if the Client accepts this when registering his/her personal data by not checking the box: "If you do not accept the use of your personal data, please check this box". On the other hand, the Customer accepts to receive newsletters on his email address by checking the acceptance of the mention: "I wish to subscribe to the newsletter Parfums Ulric de Varens". Otherwise, the user is deemed to have renounced.
Through the intermediary of the Company, the Client may receive proposals from other companies or be informed of offers from the Company by telephone, mail, e-mail or SMS. If the Client does not wish to receive such offers, he/she may send an e-mail to firstname.lastname@example.org, or a letter addressed to Parfums Ulric de Varens - Service Clients - P.A. du Parc Expo - 195 rue du Général M. Bourgeois - 27300 Bernay - France, mentioning his/her last name, first name, complete address, and client number if applicable.
Article 3 - Information on products marketed on the Site:
In accordance with article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, take note on the Site of the essential characteristics of the Product(s) he/she wishes to order by clicking on their name or representation. He may select one or more products from the different categories offered on the Site. The Company expressly reserves the right at any time to add new Products, to delete all or part of the Products sold or presented on the Site, to change their presentation or to cease marketing them on its Site, without being obliged to give prior notice to the Customer. For any question relating to the products and their use, any additional question or request for advice, the Customer can contact the Customer Service via his e-mail address email@example.com or at +33 (0)2 32 47 30 30 on working days from Monday to Friday from 9:00 am to 12:00 pm and from 1:00 pm to 5:00 pm.
Article 4 - Availability:
In the event of total or partial unavailability of products after the Order has been placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the product and of the total or partial cancellation of the order. In the event of a total cancellation of the order, the Customer's bank account will be credited with the amount debited as soon as possible and, at the latest, within 14 days of payment. In the event of a partial cancellation of the order, the Customer's order will be validated and his or her bank account will be debited only with the amount of the products delivered or he or she will be refunded the price of the unavailable product ordered as soon as possible and, at the latest, within 14 days of payment.
Article 5 – Prices:
The selling prices of the products online on the Site, indicated in euros, are those in effect at the time the Customer places the order. The selling prices of the products can be modified by the Company at any time. These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. The shipping costs will be indicated before the registration of the order by the customer. The different shipping methods are provided for in the GTC and are recalled on the Site; they may be modified at any time by the Company. The prices include the value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the products sold by the Company on its Site. The Customer may also benefit, during certain periods, from promotional offers on certain products. These offers will be announced online on the Site and will be valid during the period indicated and always within the limits of available stocks.
Article 6 - Ordering:
Any order of a product proposed on the Site supposes the consultation and is worth acceptance of the present GCS, without prejudice to the particular contractual conditions concluded between the Parties. The various stages to be followed to order are the following ones: The Customer selects the item(s) of his choice and adds them to the shopping cart. He can check the contents of his basket and the corresponding price at any time and make any necessary changes. He identifies himself (e-mail and password). If it is a new Customer, he must create an account and identify himself by entering a valid e-mail address and a password (personal and confidential) which will be used later to identify himself on the Site. He chooses his delivery method and validates it, then the payment methods among those proposed to him, which he validates. It is specified that each order cannot exceed 300 €.
In all cases, the provision of personal information necessary for the processing and delivery of orders is mandatory. When the Customer validates his order, he declares that he accepts the entirety of the present general conditions of sale. The order is then processed by Parfums Ulric de Varens' Customer Service. As soon as the order is registered, a detailed acknowledgement of receipt of the order is sent to the e-mail address of the Customer. This acknowledgement of receipt summarizes all the elements of the order, including the exact amount invoiced and the delivery terms. The distance selling contract is concluded from the moment the customer confirms his order by clicking on the icon "Validate your basket" or "Validate your payment". The Customer is considered to have accepted with full knowledge of the contents and conditions of the order and in particular the present GTC, the fact that his order implies an obligation of payment on his part, the prices, the volumes, the characteristics of the ordered products, the quantities and the delivery times of the products. Once this stage is validated, the Customer will not be able to cancel his order. The sale will be final (subject to the exercise by the Customer of his right of withdrawal under the conditions provided in Article 9 of these GTC). The order will be confirmed to the Client by sending an e-mail acknowledging receipt of the order. The Company recommends that the Customer keep these e-mails on a paper or computer support. The customer is informed that the e-mails are sent to the e-mail address provided by the customer. The Company shall not be held liable in the event of an error in entering this address or of non-receipt of the order confirmation message. In this case, the sale will be considered final, except in the case of cancellation of the order by the Company, in particular for unavailability of products. The Customer may nevertheless exercise his right of withdrawal under the conditions set forth in Article 9 of these GTC. The Company shall be entitled to collect the full price corresponding to the order as soon as it sends the Customer an e-mail acknowledging receipt of the order. In general, it is expressly agreed that the e-mails will be deemed authentic between the Parties as well as the automatic recording systems used on the Site, in particular as to the nature and date of the order.
Article 7 - Payment:
An invoice is established for each order and made available to the Customer in his personal space. Any complaint concerning the invoices must be brought to the attention of the Company by e-mail within 10 days of their receipt ("contact" section). Otherwise, they are considered accepted without any reservation. The possible incomplete delivery of an order cannot justify the refusal of payment for the delivered products. Any dispute between the Client and the Company shall in no case be a cause for suspension of the payment of the undisputed part of the invoice. The Client guarantees to the Company that he/she has the necessary authorizations to use the method of payment that he/she has chosen for the payment of his/her order. The user has the choice, after validation of his/her order, between different methods of payment. The user has the choice, after validation of his order, between different methods of payment. Indeed, this one will be able to be carried out:
- Immediately by credit card (Blue - Visa - Eurocard/Mastercard). The transaction will be carried out in a secure way by the means of the service of payment of the bank CIC Bank BSD-CIN. all the data seized by the user at the time of its payment by bank card are immediately encrypted thanks to protocol SSL and recorded on the waiter of the bank CIC Bank BSD-CIN. No payment data concerning the user is stored on the Site, avoiding any possibility of fraud by hacking the Site. The Company never knows the credit card number entered and it is therefore not stored on its server. Credit cards issued by a bank domiciled in France and abroad are accepted. To ensure the security of payment by credit card, the customer is obliged to transmit the visual cryptogram of his credit card.- By check: Payment by check is only possible with a check from a bank domiciled in France. The order will be validated upon receipt and cashing of the check, and availability and delivery times will be recalculated on the basis of this date. The check must be made out to Parfums Ulric de Varens. It must be attached to the order confirmation received by email after the validation of the order. The whole must be sent to the following address: Parfums Ulric de Varens - 6 rue de Berri - 75008 Paris - France. All orders imply payment. Orders are payable in euros, including all taxes and compulsory contributions. Penalties of an amount equal to the legal interest rate may, at the discretion of the Company, be applied automatically to unpaid amounts at the end of a period of ten days following the date of the order or upon notification of the rejection of bank payment. The Company reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders. The Company retains full ownership of the products sold until full payment of the full price including all taxes and delivery charges in the case of a notification of rejection of bank payment by the bank.
Article 8 - Delivery:
The products ordered in accordance with these GTC will be delivered to the delivery address indicated by the Customer when placing the order. It is the Customer's responsibility to provide the Company with all the details necessary for the proper delivery of the order. The Customer can be delivered in Metropolitan France, Corsica, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Portugal and the Netherlands. For orders delivered in Metropolitan France and Corsica: Either by Colissimo: Orders delivered by Colissimo are processed within 1 to 3 days and handed over to the carrier excluding Saturdays, Sundays and public holidays as of their confirmation by the Company and are delivered within 2 to 3 working days as of the handover to the carrier. The shipping costs for delivery by Colissimo for metropolitan France and Corsica to the address indicated at the time of your order amount to 4.95€ for any order less than 25 euros including VAT (rates subject to change) or by Mondial Relay: Orders delivered by Mondial Relay are processed within 1 to 3 days and handed over to the carrier excluding Saturdays, Sundays and holidays from their confirmation by the Company and are delivered within 3 working days from the delivery to the carrier. The shipping costs for delivery by Mondial Relay for metropolitan France and Corsica to the address indicated at the time of your order are 3.90€ for any order less than 25 euros including VAT (rates subject to change). The order will be delivered to a Mondial Relay "point relais" chosen by the Customer when confirming his order. The Customer will be informed of the availability of his parcel at the relay point. For orders delivered in Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Portugal and the Netherlands:By Colissimo Expert: Orders delivered by Colissimo Expert are processed within 1 to 3 days and handed over to the carrier, excluding Saturdays, Sundays and public holidays, as of their confirmation by the Company and are delivered within 4 to 8 working days as of the handover to the carrier. The fixed price for delivery by Colissimo Expert for Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Portugal and the Netherlands to the address indicated at the time of your order is €9.95 including VAT for all orders of less than €45 including VAT (rates subject to change). The delivery is free of charge from 25 euros TTC of order for France and Corsica; from 45 euros TTC for Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Portugal and the Netherlands.In case of exceptional out-of-stock condition of one or several products on an order, the Company will proceed to the cancellation of the unavailable products of the order. The Customer will be immediately informed of this cancellation by e-mail. The sums corresponding to the amount of the undelivered products and paid by the customer will be refunded according to the initial method of payment.Insofar as possible, the Company will keep the Customer informed by e-mail, within a reasonable time, of the cases and events of force majeure likely to disrupt the delivery process of the ordered product. If, at the end of the delivery period indicated by the Company, the product ordered has not been delivered, for any reason other than force majeure, the Client shall first request the Company to make the delivery within a reasonable additional period. If the Company has not complied within a reasonable additional period of time, the sale may be canceled at the request of the Client, by registered letter with acknowledgment of receipt or by writing on another durable medium to the following address Parfums Ulric de Varens - Service Clients - P.A. du Parc Expo - 195 rue du Général M.Bourgeois - 27300 Bernay - France. The sales contract will be considered broken upon receipt by the Company of the Client's letter informing it of its decision, if delivery has not occurred between the sending and receipt of this letter. The totality of the sums paid by the Client will then be reimbursed to him at the latest in the fourteen days following the date on which the Client exercised his right to obtain the cancellation of his order.
Article 9 - Right of withdrawal:
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised concerning contracts for the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. The beauty products marketed by the Company (cosmetic or make-up products) are sealed by a transparent security seal located at the top and bottom of the product case. Beauty products whose case has been opened, i.e. where one or other of the seals has been removed and/or manipulated by the Client in order to open the case, will be considered as having been unsealed and cannot be returned for reasons of hygiene. In this case, the Customer will not be able to exercise his right of withdrawal.
Subject to the exceptions defined in Article L.221-28 of the Consumer Code and in particular the one mentioned in the previous paragraph, the Customer has, in accordance with Article L.221-18 of the Consumer Code, a period of fourteen days from the date of receipt of the product to exercise his right of withdrawal. When the fourteen-day period expires on a Saturday, Sunday or holiday, it is extended to the next business day.
The Customer may exercise his right of withdrawal:- either by filling out and transmitting the withdrawal form available by clicking here, according to the methods indicated,- or by writing on plain paper, without any ambiguity and expressing his clear desire to withdraw, indicating clearly and legibly his contact information and the references of his order. The blank paper can be sent by mail to the following address: Parfums Ulric de Varens - Service Clients - P.A. du Parc Expo - 195 rue du Général M. Bourgeois - 27300 Bernay - France, or by e-mail to firstname.lastname@example.org. The customer must return the product(s) without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw, to the following address Parfums Ulric de Varens - Customer Service - P.A. du Parc Expo - 195 rue du Général M. Bourgeois - 27300 Bernay - France. The products concerned must imperatively be returned by the Customer at his expense, in their original packaging, in order to protect them. The Customer's responsibility is only engaged with regard to the depreciation of the product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good working order of the product. In order to facilitate the treatment of the returns, it is strongly recommended to the Customers to mention on their return in a legible way the initial order number. The Company reserves the right to refuse any return sent after the legal withdrawal period. In order to avoid any dispute, it is strongly recommended to Customers wishing to exercise their right of withdrawal to return their products in conditions similar to those of the initial shipment (Colissimo Suivi, Chronopost, etc.), with a declared value corresponding to the price of the initial order, and to keep all proof of their shipment (parcel number) until their order has been fully refunded. In accordance with the provisions of Article L.221-24 of the French Consumer Code, when the Client validly exercises his/her right of withdrawal, the Company undertakes to reimburse him/her the sums paid, including one-way delivery charges at standard cost, within fourteen days from the date on which the Client informed the Company of his/her intention to withdraw, provided that the Company has recovered the product(s) or that the Client has provided proof of shipment of the said product, in accordance with the following terms: - The package is returned in its entirety, the Company refunds the price of the package and the one-way delivery charges (standard delivery rate), return charges to be paid by the Customer. - The package is not returned in its entirety (the Customer keeps one or more of the ordered items), the Company refunds the price of the returned product(s), the possible shipping costs are not refunded, the return costs remain at the Customer's charge. The refund will be made according to the payment method used for the initial transaction, unless the Customer expressly agrees to another refund method. In any case, this refund will not incur any costs for the Customer.
Article 10 - Transfer of risks:
When the Customer, or a third party designated by the Customer, takes physical possession of the delivered products, any risk of loss or damage to the products is transferred. In particular, when the Customer entrusts the return delivery of the product to a carrier, the risk of loss or damage to the product is transferred to the Customer. Upon receipt of the order, it is the responsibility of the Customer or, in any case, the recipient of the package, to verify without delay the conformity and integrity of the products shipped. In general, the reservations or observations made on the delivery note must be complete and precise. They must define the damage precisely, including the order number.
Article 11 - Responsibility:
The products offered are in conformity with the French legislation in force. The Company shall not be held responsible for the non-execution of the contract concluded in case of force majeure as defined by the French courts, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications. The Company's liability shall not be incurred in the event that the non-performance of its obligations is attributable to a fault of the Client or to the unforeseeable and insurmountable act of a third party to the contract or in the event of force majeure or any other event that cannot reasonably be attributed to the Company. The Company declines any direct or indirect responsibility due to the use of the Site. The Company reminds that in application of article 1124 of the Civil Code, non-emancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by the parental authority. In the event of accidental collection of personal data relating to a minor, the parental authority has the capacity to oppose their conservation and/or transmission to third parties. Hypertext links may refer to other websites than this one. The Company declines all responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Article 12 - Guarantees:
The Customer benefits from the legal guarantee of hidden defects resulting from articles 1641 to 1649 of the Civil Code and from the legal guarantee of conformity of articles L.217-4 and following of the Consumer Code. In case of lack of conformity, if the product delivered is unfit for the use usually expected of a similar product, if it does not correspond to the description given by the Company or if it does not have the qualities announced by the Company or agreed with the Client, or in case of latent defect of the product, if the latent defect of the product sold makes it unfit for the use for which it is intended, or if the possibility of using the product is so diminished that the Client, if he had been aware of it before the act of purchase, would not have acquired it, or at a lower price, and in compliance with the conditions set by the law, the Client may act within two years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the product (Article L. 217-12 of the Consumer Code). In the event of a lack of conformity, the Client has the choice between repairing the product or replacing it. However, if this choice entails a manifestly disproportionate cost for the Company, it may proceed at the lower cost. If the repair or replacement of the product is impossible, the Client may return it to the Company, which will reimburse the price of the product, or keep it against reimbursement of part of the price of the product. The same shall apply if the repair or replacement cannot be carried out within one month of the Customer's complaint or if the repair or replacement causes a major inconvenience to the Customer. In the event of a latent defect in the product sold, the Customer may return the product against reimbursement of its price or keep it against reimbursement of part of its price.
Article 13 - Intellectual Property Rights:
The present Site and all the elements composing it (trademarks, drawings, logos, modules, graphics) as well as their compilation and formatting are the property of the Company. The user is therefore forbidden to distribute or reproduce all or part of the Site in any form whatsoever. The Company is the owner of all its trademarks, designs, logos, models, graphics, regularly registered with the INPI and reserves the right to claim damages and any other form of recourse in case of infringement, in any form whatsoever, of its intellectual and industrial property rights.
Article 14 - Legislation - Jurisdiction:
This contract is subject to French law regardless of the country of residence of the Customer and the place where the order is placed. The conditions of sale corresponding to the offers proposed on this site which is addressed to the consumers buying in France are indeed exclusively subjected to the protective provisions of the consumers applicable in France. The proposed delivery conditions only concern Metropolitan France and Corsica. Therefore these conditions apply to sales concluded and executed in France. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction. By way of derogation, for any Customer residing in Belgium, the sale of the Company's products shall be subject to French law, subject to the mandatory Belgian provisions which cannot be derogated from by agreement. In this case, any dispute relating to the existence, interpretation, performance or breach of contract between the Company and the Client residing in Belgium, even in the event of multiple defendants, will, unless otherwise agreed, be under the exclusive jurisdiction of the competent Belgian courts.
Article 15 - Modification of the GTC:
Taking into account the possible evolutions of the Site, the Company reserves the possibility of adapting or modifying at any time the present GTC. The new GTC will, if necessary, be brought to the attention of the Customer by online modification and will be applicable only to sales made after the modification.
Published on 16/01/2018