The site www.parfumsvivreensemble.com is the property of SENS & ESSENCE SAS, as well as all related rights. Any reproduction, integral or partial, is prohibited. All the identification data of the « Sens & Essence » SAS below designated as “Company” are mentioned on the site, the sales offers, the prices, the practical terms, payment, guarantee, processing of your data, and the services: You recognize it and accept these terms of sale.
These conditions constitute with the order form, and if necessary, the confirmation email of the order, the invoices, the contractual documents opposable and together form the contract to the exclusion of any other document.
These general conditions of sale govern the contractual relations between the company and the customer, which accepts them without reservation through by making the official order.
Any stipulation or condition emanating from the client and deviate from these conditions is deemed not written, inapplicable, even if the order has been validated, probated.
The conditions will prevail over any other conditions in any other document, except express notice, except special written exemption.
The Company is authorized to modify these conditions at any time, the modifications being applied as soon as they are online but not for orders placed and confirmed before the new conditions are posted.
Any order must obligatory be transmitted in the form provided on the site and contain all the required information. The customer is solely responsible. Any order must be confirmed before being taken into account.
Before confirming the order, the customer must reply and modify it if necessary as once the confirmation is made, the order is considered final therefore no changes may be accepted.
Any order is only confirmed after the payment has been received, done exclusively by card in compliance with the company’s rules and methods, and thereafter by sending to the client the receipt of acknowledgment.
There is no express or implicit warranty with respect to published information. The customer is solely responsible for the choices of his order.
The Client authorize the Company to subcontract, partially or fully, the order and all communications.
Only the bank cards mentioned on the site and the order form are accepted.
Any payment is effective only if it is fully approved in accordance with the contractual procedure.
If the payment fails, the order is automatically canceled, with full rights.
Any use of a card not complying with the conditions and stipulations of the financial institution leads to the cancellation of the order, as of right.
Any amount credited to the Company’s account, corresponding to an order, may never be restored, for any reason, even at the request of a bank or any financial organization, usually any, such as Master Card, Visa or American Express, their own general conditions being, in this respect, unenforceable unless by written derogation, prior to the order execution and in express.
The customer confirms by placing his order that he is legally capable of making the purchase.
The customer refrains from reselling any purchased product, except exceptionally as collector.
The customer acknowledges placing the order and accept the delivery in the contract territory defined on the site.
An offer only applies to the products in the list established and published on the site, within the limits of available stocks.
The offer only applies to the addressed consumers, such as the customers, excluding any professional.
The Company guarantees the essential characteristics described in the offer to which the product delivered must correspond, of variations in detail or differences in perception being excluded from any warranty.
Photos or drawings illustrating the products are not contractual, errors or differences with delivered products does not engage the responsibility of the company.
The time of delivery appears at the acknowledgment of receipt of the order and takes place the day after its validation. This is an average time calculated. Ordinarily the company undertakes to execute the order within two working days from the validation, and to entrust the parcel to the carrier. This average time is 8 working days outside EU.
The fractional delivery of an order causes additional costs which will be the responsibility on the party the made the request for this fractional delivery.
The carrier is solely responsible for any delays, the delivery being made to the client by handing over the parcel to the carrier, which leads to the transfer of risk. By making the order the client makes his choice of the carrier proposed by the company and approves the conditions thereof, the carrier conditions are put at the client disposal on the site of the carrier, or upon his request.
In the absence of a period expressly agreed by the customer and the company, the delivery must be made at the latest within 30 working days of the validation of the order. Failing to do so will results in the cancelation of the sale and the Company is required to reimburse the customer according to the modalities stipulated below in clause 9 “Return and Withdrawal”. This 30-day period is brought to 45 working days outside for any delivery outside the EU.
The client recognizes the verification and adequacy of his/her needs of the products ordered, and have received communication and possible advice. The customer solely responsible for the use of products by himself and by any related third party.
8. Unavailable product
In the event that a product cannot be delivered despite the validation of the order, the Company shall notify the client within the shortest deadlines and in any case before the expiry of the delivery time provided in the order. The customer must immediately either confirm the remaining part of the order, accepting the new deadline, or cancel only the missing product, at no cost, and will be refunded the amount paid for this product. If not, it will be the company’s choice.
The reimbursement of his payment will be made as soon as possible subject to contract resolution without other rights or obligations.
9. Return and Withdrawal
The customer has a period of 14 days to return the product from the day of delivery, or from the date of delivery of the package to the client or any third party, who receives it, other than the carrier. The client is obliged to return, at the latest the fifteenth day following the day of delivery, in its original packaging and perfect condition, intact. For clients outside the EU, their right to return is also limited to 14 days, but from the day after the acceptance of the order, and the return of merchandise is only accepted if the product does not comply with the order confirmed or if the maximum delivery time has not been respected.
This right of return is not applicable for tailor made products to the customer’s specifications or if it is customized. It also does not apply to open or unsealed products.
The customer is required to use the form, provided for the return purposes on the site, for the exercise of the right of return, and to complete it clearly and fully. Whatever the method of communication of this writing form, the customer must make sure to obtain an acknowledgment of receipt from the company as a proof.
The Company will reimburse the full amount paid by the Customer following the return valid within 14 working days following both the completion of the form and the return of the product to the company, using the same mode of payment whereas those selected for the payment, provided that this payment has been recognized beforehand, and at no additional charge for the company.
The customer is solely responsible for the costs of returning the package.
The customer is required to return the package as soon as he has notified the Company his need to return the product, and he will organize this return by the same way as that of the delivery. Any returned product must be in its original packaging, in perfect condition, without being used. Any return out of the mentioned return period, will be refused. Any risk related to the return of the product will be the responsibility of the client.
Any legitimate third party that is a beneficiary of an order has the same rights and obligations as the customer but the refund can only be made to the client that initiated the payment.
The valid exercise of the right of return terminates the contract.
The right of return is limited to the product sold and the package/full box; It cannot be exercised on a product offered as a gift and/or taken separately.
The burden of proof of the good return, on time, with the right of return, weighs solely on the customer.
The price rate, necessarily included in the prices, or accounted for and invoiced, in case of invalid return or multiple shipments to the order form.
The Company does not charge additional costs during customer phone calls.
Any exceptional costs or accessories can only be charged after the express and prior agreement of the client at the latest at the process of the order.
11. Taxes and import duties
VAT is included in the price, and paid at the rate in France. Outside the EU, the price is excluding VAT and excluding other duties and taxes, the customer being required to be informed, and to take charge of their settlement by respecting the laws and uses in force in the country of residence of the Buyer and the final destination country of agreed delivery. The company can never be responsible in this regard.
The transfer of ownership to the customer is done at the time the product is handed over to the carrier, which can only take place after the execution of the payment.
The Company is responsible for the guarantee of hidden defects. The Customer agrees that the liability commitment period is reduced to 30 days from the discovery of the hidden defect, given the nature of the products.
The Company is also held responsible to guarantee any visible defects, but provided that the client notifies the company, in writing, within 2 working days of the receipt of the delivery by him/her or a third party, and that the defect is not the responsibility of the carrier.
The customer will respect the procedure indicated in the “Return and Withdrawal” clause, and the Company may only be held responsible for the repayment of the amount paid, and not any other amount or compensation for any damage.
In case of complaint, the responsibility of proof totally lies with the customer.
The Company is exempt from any responsibility in case of force majeure, such as and not limited to: unpredictable and insurmountable events such as prohibition of export, import, fire, strike, or other causes of force majeure usually recognized as such in France, and also in case of hardship.
In the event of non-compliance, between the product delivered and the product ordered (delivery of another product than that ordered) the Company is held under the same obligations as in the case of return by the customer, which, however, has the choice without other costs, the complete execution of its order.
Any liability under the contract can never exceed double the price collected for the order.
13. Intellectual rights
The trade marks, signs, denominations, logos, appearing on the site are protected and in the absence of express and prior authorization, all reproductions, all uses, are prohibited.
Texts, drawings, images, photos, and other elements of this site are protected and it is forbidden to copy them, reproduce, extract, broadcast, modify, alter etc.
The contract does not assign, nor carry out any sale of, intellectual property rights to the client on information, products, services and site.
14. Applicable competence and law
The European Law, then the French law, are applicable, and the French language, in the French civil courts.
Any provision of this contract which would be inapplicable because of a legal provision of the public order of the country of the Customer, would be only unopposable and would not entail either the unenforceability or the nullity of the other contractual conditions.
Territorial jurisdiction is attributed to those of the headquarters of the Company “SENS & ESSENCE”.