General Terms and conditions of sale 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. IMPORTANT: Following the United Kingdom’s withdrawal from the European Union: 1) For shipments of goods valued at £135 or less, dispatched to a private individual: As of 1 January 2021, shippers selling goods valued at £135 or less to the United Kingdom will be responsible for collecting and paying UK VAT on such shipments. (20%) Invoices include all taxes, including UK VAT. 2) For shipments of goods valued at more than £135, dispatched to a private individual: Invoices do not include taxes and UK VAT and customs duties are collected from the recipient. 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:
This information is entered in encrypted fields and all transmitted information is coded. None of the Purchaser’s information goes across the Internet unencrypted.
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):
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.
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 (*): Your name: Your address: Date: dd /mm /yyyy Signature: 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:
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:
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. |