Article 1: General
The purpose of these General Terms and Conditions of Sale is to establish the rights and obligations of the parties with respect to the sale of products by the company GLB “Parfums Molinard,” a simplified joint-stock company with a capital of 1,050,000 euros, with registered offices located at 60 Boulevard Victor Hugo, Grasse, France (06130), registered in the Registre du Commerce et des Sociétés de Grasse (Grasse trade register) under number 326 815 370 (hereinafter “Molinard”) to the consumer (hereinafter “the Purchaser”) via the commercial website developed by Molinard that is accessible at the address www.molinard.com (“the Site”).
The act of ordering a product for sale on the Site by any person implies acceptance of these terms and conditions, which the Purchaser acknowledges having read and understood prior to placing her/his order.
The Purchaser attests:
that the purchases that s/he makes on the Site are in no way connected with her/his professional activity or business;
that s/he has the necessary authorization(s) to use the payment means selected during the order confirmation process;
that s/he has sufficient legal capacity to commit to the purchases being made on the Site.
Molinard reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the conditions applicable to the order placed by a Purchaser are those accepted by the Purchaser at the time her/his order is placed and recorded.
The Purchaser may save or print these General Terms and Conditions of Sale for reference, provided that s/he does not modify them.
Article 2 - Offers
The products offered for sale by Molinard are those listed on the Site on the day the Site was browsed by the Purchaser, and based on the supplies available. Should any of the Products be unavailable for purchase or out of stock, the Purchaser will be informed no later than the time of the order’s delivery.
Article 3 – Prices
All orders, wherever they may have originated from and whatever their place of delivery, are payable in euros.
The prices include possible reductions as well as the Value-Added Tax (VAT or TVA) applicable on the day of the order.
The prices indicated on the Site are guaranteed until the expiration date indicated in the offer.
Prices shown do not include postage and packaging costs, which will be added to the price of the goods.
Any promotional offers granted in the form of coupons are only good for use on one order per household and during a given validity period.
Should an order come from a country other than metropolitan France, the Purchaser is deemed to be the importer of the product(s) concerned. For all products shipped outside the European Union and overseas territories and departments (DOM-TOM), the price will be automatically calculated without VAT (resulting in the pre-tax price, or hors taxe) on the invoice. Customs duties or other local taxes or import duties or state taxes may be due on the shipment. These rights and sums are not the responsibility of Molinard and will be the responsibility of the Purchaser. They are the sole responsibility of the Purchaser in terms of both declarations and payments to the competent authorities and bodies of the country concerned.
Molinard recommends that the Purchaser learn about such responsibilities and charges from the competent local authorities.
The Purchaser accepts and agrees that Molinard reserves the right to modify its prices at any time. Nevertheless, the products will be invoiced based on the rates in force at the time the order was placed and recorded, while remaining subject to the availability of said products.
Article 4 – Order placement and acceptance
4.1. Order placement
If the Purchaser wishes to place an order, s/he must choose the various products of interest to her/him, select from among the proposed packaging options, specify the desired quantity, and add them to her/his online basket.
The Purchaser may, at any time, see a summary of the products s/he has selected; continue selecting other products, or conclude her/his product selection and place the order.
To order the selected products, after having reviewed and confirmed her/his basket, every Purchaser must identify herself/himself, either by entering her/his email address and password, if s/he has already created an account on the Site, or by completing the online registration form to open an account. In the latter case, the Purchaser must accurately fill out the form provided online, in which s/he will include the information necessary for her/his identification, including her/his last name (surname), first name (given name), and postal address. Further, the Purchaser must provide her/his email address and a personal and confidential password that s/he will need to log onto the Site in the future. The Purchaser is informed and agrees that entering these two identifying elements – the email and password – serves as proof of her/his identity. Once the Purchaser has been identified and is logged on, s/he must confirm the delivery address, and then a summary of her/his order will appear on the screen.
4.2. Final order approval
After having reviewed the status of her/his order, and once all the requested information has been provided by the Purchaser, the Purchaser will click on the payment method s/he has chosen to use, so as to definitively confirm her/his order.
4.3. Order confirmation
Once s/he has approved her/his method of payment (and, if necessary, provided her/his credit card or debit card number and expiration date), a summary of the Purchaser’s order will be displayed, including the transaction number. A confirmation email will be sent to the Purchaser once her/his order is placed.
Article 5 – Payment
The amount owed by the Purchaser is the amount indicated on the order confirmation sent to the Purchaser by email by Molinard. As specified in Article 4.2 above, during the order-confirmation process, the Purchaser will have a choice of several payment methods. As such, unless the server is unavailable, the payment may be made in one of several ways:
- Online payment by credit/debit card: The Purchaser may pay for the order directly on the Site with her/his credit/debit card (Mastercard, Visa, American Express). During the final order confirmation phase, the Purchaser enters the number of her/his credit/debit card, as well as its expiration date and the cryptogram on the back of the card (last three digits located on the signature panel). The Purchaser will never be asked to provide her/his confidential code for the card and should never submit that code.
This information is entered in encrypted fields and all transmitted information is coded. None of the Purchaser’s information goes across the Internet unencrypted.
- Payment by check: The Purchaser may send a check in euros, drawn on a French bank, to the order of “Molinard” and sent by post to the address 60 Bvd. Victor Hugo, BP 94210 - 06131 Grasse CEDEX, France, indicating the date and order number assigned to her/him online. In the event that the Purchaser chooses to pay by check, the order will only be definitively confirmed once the check has been deposited and cleared. In any case, Molinard reserves the right to refuse any order or delivery in cases of (i) an existing dispute with the Purchaser, (ii) total or partial non-payment of a previous order by the Purchaser (iii) the credit/debit card being declined by the bank, or (iv) non-payment or partial payment.
Molinard will not be held liable in any way, in any of these circumstances.
Article 6 - Delivery
6.1. Shipping time
Once the order has been fully paid for, the parcel is dispatched within 72 hours to the address provided by the Purchaser when placing the order. Orders placed on a Friday after 12:00 p.m. (noon), however, will be processed within 48 hours as of the following Monday. Payment by credit card ensures the swiftest processing of the order.
6.2. Delivery time
In France, deliveries are made by La Poste. The delivery times indicated below are therefore the typical times for this carrier (Colissimo package service):
- Colissimo International “Union Européenne UE” (excluding DOM-TOMs): 7 to 15 working days.
- Colissimo France 48h to 72h. Molinard cannot be held responsible for delivery delays attributable to the carrier.
6.3. Delivery acceptance conditions. Upon receipt of the order, the Purchaser will inspect the parcel to ensure that the Products received are those ordered and are undamaged. Should the package show visible damage or some other anomaly (open parcel, etc.), the Purchaser should indicate this problem on any Proof of Delivery form, refuse the parcel, and follow the reporting procedure with La Poste. The Purchaser must also submit a claim within five (5) business days of receipt of the package to the Molinard Customer Service Department by post addressed to Service Clients at GLB SAS Parfums Molinard - 60 Bvd Victor Hugo - BP 94210 - 06131 Grasse CEDEX, France, or by email to [email protected] Any claim made after this time period will be rejected and Molinard will be released from any liability. Molinard reserves the right to ask the Purchaser to return the damaged product(s). If the aforementioned conditions are met, then Molinard will either exchange or refund the damaged product(s) or reship the missing product (subject to the merits of the Purchaser’s claim).
Article 7 – Right to Contract Withdrawal/Product Return
In application of the provisions of Article L12-20 of the French Consumer Code, the Purchaser has a legal period of fourteen (14) clear days to return, at her/his expense, the Product(s) that s/he ordered if s/he does not find it/them suitable or satisfactory. This period begins on the day the order is received. The Product(s) must be returned complete in its/their original packaging to allow for resale as new, to the following address: GLB SAS Parfums Molinard - 60 Bvd Victor Hugo - BP 94210 - 06131 Grasse CEDEX, France. If the aforementioned conditions are met, Molinard will reimburse the Purchaser within fourteen (14) days from the date of Molinard’s receipt of package (the date of Molinard’s receipt suffices to serve as notification of the Purchaser’s exercising her/his right of withdrawal/return), the sums paid by her/him, except for the shipping costs for returning the Products to Molinard, which remain the responsibility of the Purchaser.
- Purchase contract/return form, Annex to Article R. 221-3 of the French Consumer Code
Please fill out and return this form only if you wish to withdraw from the contract:
To Molinard, GLB SAS 60 Boulevard Victor Hugo, 06130 Grasse
I hereby notify you of my withdrawal from the contract for the sale of the products below:
Ordered on (*) / received on (*):
Date: dd /mm /yyyy
Article 8 - Data Protection
Molinard undertakes to protect the privacy of the Purchaser when s/he is using the Site and ensures the confidentiality of the personal information communicated to Molinard. This information is necessary for the proper processing and tracking of orders. When the Purchaser places an order, Molinard must know her/his last name, first name, email address, telephone number, and personal postal mailing address. These data make it possible to process the orders and inform the Purchaser of the status of her/his order. Furthermore, to be able to make the Purchaser’s visits to and purchases on the Site more enjoyable, Molinard stores, with the Purchaser’s consent, this personal data, as well as all information concerning the orders and the use of our services. This is done so as to best satisfy the Purchaser’s needs and keep her/him informed of news or events. The Purchaser’s credit/debit card details are not stored. In accordance with the French Data Protection Act of 6 January 1978, the Purchaser has the right to access and correct data concerning her/him. Molinard will send the Purchaser approximately twelve (12) news and/or advertising messages per year by email or by post. Should the Purchaser not wish to receive these messages, s/he need only unsubscribe directly using the link provided in the newsletter sent by Molinard.
Article 9 - Miscellaneous provisions
9.1. Force majeure
Molinard is not responsible for delivery delays due to force majeure, when the force majeure events meet all the legal criteria of the case law established by the French courts and tribunals. In such circumstances, Molinard will notify the Purchaser in writing within FIVE (5) business days from the date of becoming aware of the event. The order will then be automatically suspended, without compensation, for ONE (1) month from the date of event’s occurrence. The Parties will make every effort to achieve a favorable outcome to the situation. Should the event persist beyond the period of ONE (1) month, the order will automatically be canceled without either of the Parties having the right to claim damages.
9.2. Partial invalidity
If any provision(s) in the these General Terms and Conditions of Sale is (are) held by a court of competent jurisdiction to be invalid, void, or unenforceable, or declared as such under an applicable law or regulation, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.3. Applicable law - jurisdiction
French law is applicable for the establishment, execution, interpretation, or termination of relations with Molinard. The Parties will endeavor to resolve all disputes amicably. Should such resolution not be possible, any dispute arising from the application of these General Terms and Conditions of Sale, occurring in the context of an order placed via the Site, will be the jurisdiction of the French courts. Any dispute or claim arising out of or relating to purchase and/or sale transactions carried out in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and repercussions and which have not been amicably resolved between Molinard and the Purchaser, will be submitted to the competent courts under common law terms. The Purchaser is hereby informed that s/he may resort to conventional mediation in any case, including through the Commission de la médiation à la consommation [French consumer mediation commission] (C.consom.art.L 534-7) or with the existing sectoral mediation bodies, or any other alternative dispute resolution resource (such as arbitration) in the event of a dispute.
Article 10 - Seller’s liability - warranty
The products offered for sale comply with the regulations in force in France and are designed for non-professional uses. The products supplied by Molinard are automatically and without additional payment considered to include, in accordance with the legal provisions in force:
- the legal guarantee of conformity, for products that are conspicuously defective, damaged, or do not correspond to the order or the immediate purchase.
- The legal warranty against hidden defects arising from defects in material, design, or workmanship affecting the delivered products and rendering them unfit for use. In the conditions and per the terms and conditions referred to in the box below and defined in the annex to these General Terms and Conditions of Sale (guarantee of conformity/warranty against hidden defects). The Purchaser is hereby reminded that, in the context of the legal guarantee of conformity, s/he:
- Has a two-year period from the delivery date of the product(s) to take action against the Seller.
- Can choose between repair or replacement of the product ordered, subject to the cost conditions provided for in Article L 211-9 of the French Consumer Code.
- Is exempt from providing proof of the product’s lack of conformity during the six months following the delivery of the product. This period has been extended to 24 months as of March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies regardless of any sales warranty that might apply to the product. The Purchaser may decide to exercise the guarantee against hidden product defects in accordance with Article 1641 of the French Civil Code; in this case, s/he may choose between the cancellation of the sale or a reduced sales price in accordance with Article 1644 of the French Civil Code. Should the Purchaser choose to exercise her/his rights, the Purchaser must inform the Seller, in writing, of the non-conformity of the product(s) within the above-specified time period and ship or hand-return to the store the defective products in the condition in which they were received, with all the original elements (accessories, packaging, instructions, etc.). The Seller will refund, replace, or have repaired the products or parts under warranty that are deemed non-compliant or defective. In case of delivery, the shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts. Refunds for products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of Molinard’s finding the non-conformity or hidden defect. The refund will be made by a credit to the Purchaser’s bank account or by bank check sent to the Purchaser. The Seller’s liability cannot be incurred in the following cases:
- Failure to comply with the legislation of the country in which the products are delivered, which is up to the Purchaser to verify.
- In case(s) of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Purchaser, or in case of normal product wear, accident, or force majeure.
- The Seller’s guarantee is, in any case, limited to the replacement or refund of non-compliant or defective products.
Article 11 - Precontractual Information and Purchaser’s Acceptance
The Purchaser acknowledges having been informed, in a clear and understandable manner, prior to the immediate purchase or the placing of her/his order and the conclusion of the contract, of these General Terms and Conditions of Sale and all the information listed in the Article L.121-17 of the French Consumer Code, including and especially the following information:
- The product’s essential characteristics and features.
- Product prices and ancillary costs (delivery, etc.).
- Should the contract not be immediately executed, the date by which or time period in which the Seller agrees to deliver the product.
- Information regarding the Seller’s identity, postal address, telephone number, electronic contact details, the nature of the Seller’s business, etc., if not already apparent by virtue of the context.
- Information on legal and contractual warranties and their exercise and/or implementation.
- The functionality of the digital content and, where appropriate, its interoperability.
- The option of calling upon conventional mediation in the event of litigation. The fact that, for a natural person (or legal entity), the act of making an immediate purchase or ordering a product implies and entails full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered products, and this is expressly acknowledged by the Purchaser, who waives the right to refer to any contradictory statements or documents that would be non-invocable against the Seller.
APPENDIX - GUARANTEE OF CONFORMITY - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article L211-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility for installation or had it carried out under his or her responsibility.
Article L211-5 of the French Consumer Code.
To comply with the contract, the product must: 1/ Be suitable for the purpose usually associated with such a product and, if applicable: (i) correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; (ii) have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including through advertising or on labels; 2/ Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code
Any action resulting from defects must be brought by the buyer within a period of two years following the delivery of the product.
Article L211-16 of the Consumer Code
When the buyer asks the seller, during the period of commercial guarantee granted upon the acquisition or repair of a moveable good, to carry out repairs covered by the guarantee, any standstill period of seven days or longer shall be added to the remaining term of the guarantee. Such period shall run from the time when the buyer requests assistance or when the product in question is delivered for repair purposes, should this be subsequent to the request for assistance.
Article 1641 of the French Civil Code
The seller is bound to a guarantee against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would only have paid a lesser price for it if s/he had been aware of the defects.
Article 1648 Paragraph 1 of the French Civil Code
An action resulting from redhibitory defects must be brought by the Purchaser within two years from the discovery of the defect.