Terms and Conditions

Effective as of Aug 1st, 2021

 

Article 1 – Scope

These General Terms and Conditions of Sale and Use (hereinafter referred to as "GTCSU”) apply, without restriction or limitation, to all sales concluded by the Vendor with end buyers (hereinafter referred to as "the Customers" or "the Customer") wishing to acquire the products offered for sale (hereinafter referred to as "the Product" or "the Products") by the Vendor on the Website parfums-de-marly.com.

 The term “Vendor” here refers to L.N.C., a limited liability company, with a share capital of  EUR 5,000, registered with the Trade and Company Register in Paris under no. 511 248 981, with the intra community VAT number FR27 511 248 981 and with the registered office in 4 rue de la Paix 75002 Paris.

The main characteristics of the Products, and in particular the specifications, illustrations and information on the dimensions or capacity of the Products, are presented on the Website parfums-de-marly.com, which the Customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to the limit of available stocks, as specified when ordering.

These GTCSU are accessible at any time on the Website parfums-de-marly.com and prevail over any other document.

Please read these GTCSU carefully before accessing or using the Website. By accessing or using any part of the Site, you acknowledge and accept these Terms. The Customer hereby acknowledges that he/she has read and accepted the following GTCSU by checking the relevant checkbox before proceeding with the online purchasing process on the Website parfums-de-marly.com.

If you do not agree to all the terms and provisions of these GTCSU, you may not and should not access or use Product orders.

Unless proved otherwise, the data recorded in the computer system of the Vendor constitute the evidence of all the transactions finalized with the Customer.

The Products displayed on the Website parfums-de-marly.com by the Vendor, in its capacity as importer for the territories located in Europe, are available for sale.

 

Article 2 - Conditions for Using Our Website

As a Customer, you acknowledge having read and understood the GTCSU and therefore fully agree to them. The creation of your account confirms this unconditional consent.

The GTCSU that you must comply with, set out the rules applicable to the use of the Website parfums-de-marly.com and govern our contractual relations. You therefore undertake, before using the services offered by the said Website, to read them carefully and to fully comply with them.

In the event of a breach of any of the above rules, we retain the right to block your access to all or part of the Website without any compensation and without prior notice. We can also claim compensation for the damage we might have incurred as a result of this behavior.

Our Website is always accessible to Customers. However, an interruption, notably for maintenance reasons, may be scheduled. Our teams will make their best effort to limit the duration of interruption.

Overall, you, as the Customer, are solely responsible for:

  • The proper functioning of your equipment and your Internet access.
  • For all damages, both direct and indirect, of any nature whatsoever that may be caused by content that you have posted on the Website:
  • Content that you may publish on the Website, regardless of its nature (name, first name, address, date of birth, etc.)

The use of the Website in general, and your user account in particular, is intended for distance selling orders

 

Article 3 - Customer Liability

You therefore agree to comply with all applicable laws and regulations and You undertake to refrain from (but not limited to):

  • Impersonating a third party;
  • Intentionally posting false, erroneous or misleading content;
  • Interfering with access to the Website and/or the proper functioning of the Website in any way.
  • Accessing or remaining fraudulently in the computer system, to hinder or distort the functioning of such a system, to introduce or modify fraudulently the data in a computer system constitutes a criminal offence punishable by penalties

In the event of a breach of any of the above rules, we reserve the right to block your access to all or part of the Website, or even to terminate access of your account temporarily or permanently, without any compensation and without prior notice.

Likewise, we can also claim compensation for the damage we might have incurred as a result of this behavior.

In case of complaint or claim initiated by a third party and which may have been submitted to us, because of information or data coming from you, you will have to provide us immediately all explanations and justifications, and be liable, in any case, for us as well as for third parties whose rights may have been infringed, for any damage as well as for the possible consequences of your acts according to the applicable legal or regulatory provisions, including those involving a criminal responsibility.

Where applicable, we also reserve the right to take action against the Customer to challenge the latter's civil and/or criminal liability.

 

Article 4 - Vendor's Responsibility

We remind you that we do not verify the accuracy and truthfulness of the content that you post on the Website parfums-de-marly.com, particularly in relation to the information that you provide.

Furthermore, we cannot be held responsible for indirect damages of any kind resulting from the use of the Website. You will be solely responsible for your use thereof.

Likewise, we cannot be held responsible for any malfunction of the Website or any other event beyond our control that would prevent or degrade access to it, as well as for elements beyond our control and for any damage that may be inflicted on your technical environment and, in particular, your computers and any other equipment used to access or use the Service.

 

Article 5 - Price

Products are supplied according to prices displayed on the Website parfums-de-marly.com, at the time when the Vendor records the order. 

Prices are in Euros (EUR) and include all taxes.

The prices include any reductions granted by the Vendor on the Website parfums-de-marly.com.

These prices are firm and non-negotiable. The Vendor reserves the right to modify the prices at any time, excluding the order validation process.

In the event of a mispricing (low price, price at loss ...), the Vendor reserves the right to cancel the order.

The payment required from the Customer is the total amount of the purchase, including all fees.

An invoice will be issued by the Vendor and sent to the Customer upon delivery of the Products with Deret (France).

 

Article 6 - Orders

The Customer must select the Products he/she wishes to order on the Website parfums-de-marly.com as follows:

  • The Customer selects the desired Products;
  • He/She adds them to his/her basket, which can be checked at any time and in any event before finalizing the order;
  • He/She can then proceed to checkout.

Product offers are valid as they appear on the Website, subject to availability of stock.

The sale will be considered complete only after full payment of the price.

It is the Customer's responsibility to verify the accuracy of the order and to report any discrepancies, immediately upon discovery and prior to the delivery of the Product(s). Once this process has begun, the order can no longer be cancelled for any reason.

All the orders placed on the Website parfums-de-marly.com are to be considered as a contract between the Customer and the Vendor, concluded remotely. The Customer acknowledges and accepts that the validation of the order constitutes an electronic signature which will have, in our reports, the value of a handwritten signature.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or in the event of an obvious mispricing as described in Article 5.

The Customer will be able to track the progress of his/her order on the Website, by logging into his/her account, and in the section reserved for this purpose.

 

Article 7 - Online Customer Centre and Personal Account

In order to be able to place an order, Customers are kindly required to create an account, i.e. a personal space.

To do so, he/she must register by completing the registration form provided at the time of his/her order and undertake to provide true and accurate information about his/her marital status and his/her contact details, including his/her email address.

The Customer is responsible for updating the information provided. He/She will be able to modify the information by logging on to his/her account.

To access his/her personal space and product order history, the Customer must enter his/her username and password, which will be sent to him/her after registration and which are strictly personal. As such, the Customer refrains from any disclosure and will remain solely responsible for the use thereof.

The Customer can submit a request to unsubscribe on the subscription page in his/her account. This will be effective within a reasonable time period.

In case of non-compliance with the <initioparfums.com GTCSU, the Website may suspend or even close the Customer's account after a formal notice has been sent electronically and remained without effect.

Any account deletion, for whatever reason, will result in the deletion of all personal information of the Customer, except for the retention period imposed by legal obligations, namely for the justification of transactions. Please refer to the terms of Section 14 hereof, as well as to our Privacy Policy.

Any event due to a case of force majeure resulting in a malfunction of the Site or server, and subject to any interruption of modification during maintenance, does not imply any responsibility to the Vendor.

By creating an account, the Customer accepts these GTCSU.

 

Article 8 - Payment Terms

The Vendor offers several methods of payment.

Thus, payment can be made by:

  • Secure payment for payment by credit card
  • Through trusted third parties; PayPal or Stripe. When using any of these platforms, please refer to their terms and conditions, which can be accessed from their respective websites or from the links provided during the payment process.

The price is payable by the Customer, in full, on the day of the order.

Payment data are exchanged using the protocol defined by the approved payment provider involved in banking transactions carried out on the parfums-de-marly.com Website.

Customer payments will not be considered final until the Vendor has confirmation that the amount due has been cleared by the bank.

The Vendor will not be required to deliver the products ordered by the Customer if the latter does not pay the price in full, in accordance with the conditions indicated above.

 

Article 9 – Delivery

The Products ordered by the Customer will be delivered in Europe.

The delivery is constituted by the transfer of the physical possession of the Product(s) to the Customer. Except under special circumstances, or in the case of the unavailability of one or more Products, the Products ordered will be delivered at the same time.

The Vendor undertakes to use all the means in its possession to deliver the products ordered by the Customer within the deadlines mentioned by way of indication, but cannot be held responsible for any delay.

In particular, the Customer acknowledges that, due to the period of health crisis known as Covid-19, the estimated delivery times may be subject to significant delays entirely beyond the control of the Vendor and therefore linked to a force majeure event as defined in Article 13. The Vendor also cannot be held responsible for this delay.

If the ordered Products have not been delivered, for any other reason than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer. The amount paid by the Customer will then be refunded within fourteen days, at the latest, after the contract termination date, with the exception of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer when the order is placed which may be easily accessed by the carrier.

The Customer must check the condition of the delivered Products. He/Sheis entitled to make claims, within a maximum of 5 (FIVE) working days from receipt of the order, by e-mail, supported by all relevant documents.

In the event of defects, the Vendor will refund or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects will have been duly proved by the Customer, under the conditions provided for by the French Consumer Code and those provided for in the present GTCSU.

The transfer of risk of loss and deterioration of Products is only applicable when the Customer physically takes possession of the Products. The Products are therefore sent at the risk and peril of the Vendor.

In the event that the delivery is unsuccessful, and the package is returned to the Vendor's premises, two solutions are set out: the Vendor will refund the order, except for the shipping costs, or the Vendor will make a new shipment after invoicing the new shipping costs to the Customer. The shipping costs varies depending on the shipping destination (from 8euros to 30euros).

The previous paragraph applies in cases where the Customer does not pick up the order from the relay point within the time indicated, or where the order could not be delivered due to incorrect information provided by the Customer.

 

Article 10 – Transfer of Ownership

The transfer of ownership of the Vendor's Products to the Customer will be made only after full payment by the latter, and regardless of the date of delivery of those Products.

 

Article 11 – Right to Withdraw

In accordance with Article L. 221-23 of the French Consumer code, the Customer undertakes to return the Products for which he/she exercises his/her right to withdrawal, at his/her own expense, within fourteen (14) days of notifying the Vendor of his/her right to withdrawal.

In accordance with the provisions of Article L. 221-18 of the Consumer code, the aforementioned fourteen-day period shall begin on the day the order is received by the Customer or a third party.

The right to withdrawal must be exerted by e-mail to the following address: customerservice@pmarly.com

For any return, the Customer must first contact the Customer Service at the e-mail: customerservice@pmarly.com

Products must be returned in their original packaging unopen, in perfect condition, unused, accompanied by all accessories. The Customer must first contact the Customer Service at the e-mail: customerservice@pmarly.com to be informed with the address to where the Products need to be reshipped.

All returns by regular mail must be sent by registered mail with acknowledgment of receipt. Upon the receipt of the Product(s) returned by the Customer, the Customer Service will send a confirmation of having received the Product(s), by e-mail.

However, in accordance with the provisions of Article L. 221-28 paragraph 5 of the Consumer Code, the Customer will not be able to exercise his/her right to withdrawal from the contract and, consequently, return the Products, when the said delivered Products have been unsealed by the Customer after delivery, and therefore cannot be returned for reasons of hygiene or health protection.

In addition, personalized Products cannot be refunded or exchanged.

 Repayment Terms

In the event of a valid exercise of this right by the Customer, the Vendor will refund the latter the amounts paid by him corresponding to the acquisition of the returned Product(s), within a maximum period of fourteen days, according to the method of payment used at the time of purchase.

This period of fourteen days will begin on the day of receipt of the Product(s) in perfect condition and regularly packaged.

The refund will be made via the means of payment used by the Customer when ordering or any other means chosen by the Vendor, namely by bank transfer.

The return costs are borne by the Customer. It is specified that the latter will also assume full responsibility for this return, it being specified that perfumes are considered, in terms of transport, as dangerous products.

 

Article 12 – Vendor’s Liability and Guarantees

Products supplied by the Vendor enjoy:

  • The legal guarantee of conformity, for defective, damaged Products or Products which do not corresponding to the order
  • The legal guarantee against hidden defects from faulty material, design or manufacture affecting the delivered Products and making them unsuitable for use.

In order to assert his/her rights, the Customer shall inform the Vendor, in writing, of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

The Vendor will refund, replace, or repair any Products under warranty deemed to be non-compliant or defective.

The Vendor will send the Customer a "return voucher", corresponding solely to the payment of transport costs, to allow the reshipment of the Product. The Vendor reminds that some Products sold on the platform are considered, according to international standards, as dangerous products (perfumes). Therefore, it is the Customer's responsibility to ensure that the packaging and labeling conditions, required by the shipping company, are respected. If necessary, the Customer may contact the shipping company to obtain further information.

Any risk related to the return of the Products shall be borne by the Customer.

The Vendor shall not be liable in the following cases

  • Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check
  • In the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear of the Product, accident or force majeure.
  • The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of the Vendor.

In any event, the Vendor's guarantee is strictly limited to replacement or refund of non-conforming or faulty Products.

 

Article 13 – Force Majeure

The Vendor's liability cannot be sought in the event of force majeure as defined by French case law, suspending the obligations of one or other of the parties to these GTCSU.

Thus, force majeure is defined as any event beyond the control of the parties that cannot reasonably be foreseen, overcome or avoided, such as, for example: acts of God, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public unrest, acts or omissions on the part of other telecommunication operators, epidemics or pandemics (Global pandemics), or other events beyond the reasonable control of the Vendor's suppliers.

In any of the above cases, the Customer will waive any form of compensation.

 

Article 14 – Personal Data

Please refer to our Privacy Policy available here.

Briefly, we remind that the Customer is informed that the collection of his/her personal data, entrusted to the Vendor, is necessary for the sale of the Products and their delivery.

The personal data that is collected on the Website parfums-de-marly.com are as follows:

  • When creating the Customer account: last name, first name, postal address; phone number and email address.
  • When paying for the order: financial data relating to the Customer's bank account and credit card.

Personal data are reserved for the sole use of the Vendor, with the exception of the communication of information to payment platforms for the sole purpose of making said payment, as well as to the carrier to enable delivery.

 

Article 15 – Intellectual Property

We, directly or indirectly through a company in our Group, are the owners of intellectual property rights (copyright, trademark rights, database rights, etc.) or hold the rights of use on all the information accessible on our Site, in particular trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, software, layouts, assemblies, etc.

All the content of the Website is subject to French law and International law in the field of intellectual property. If a User or Customer notices that any published material infringes copyright or other protected rights, please contact us using the contact details available on the Website.

The User or the Customer acknowledges and accepts that we do not transfer any property rights to the content of our Site to him/her. Thus, we grant the User or the Customer an authorization to view the content for his/her personal use.

Any reproduction, representation, modification, publication, translation or adaptation of all or part of the Site, regardless of the means or method used, is strictly prohibited without our prior written permission.

Any unauthorized use of the Site or of any of the information it contains may be the subject of proceedings aimed at protecting our rights and obtaining compensation for damages, in particular under the provisions of the Intellectual Property Act.

 

Article 16 – Validity of Cases

If any condition of these terms is proved to be null and void according to a law in force or a legal decision which has become final, it will be deemed not to have been written, without this resulting in the nullity of the current terms, nor altering the validity of the other provisions.

 

Article 17 - Modification of the General Terms and Conditions of Sale and Use

The Vendor reserves the right to make modifications, adaptations or changes to the Site, its procedures, and its GTCSU at any time. The Customer is subject to the GTCSU in effect at the time he/she orders a Product(s), unless a change to these GTCSU is required by an administrative or governmental authority (in which case, this change may apply to previous orders you have made).

If one of the stipulations of these GTCSU is deemed invalid, void or inapplicable, for whatever reason, this provision will be deemed severable and will not affect the validity and effectiveness of the remaining provisions.

 

Article 18 – Governing Law – Jurisdiction

These GTCSU and the operations resulting from them are subject to French law and come under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.

These present GTCSU are written in French. If they are translated into another language, the French text will prevail in the event of a dispute.

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