ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by GLB "PARFUMS MOLINARD", a simplified joint stock company with capital of 1,050.000 euros, headquartered at GRASSE (06130) 60 boulevard Victor Hugo, registered with the Registre du commerce et des sociétés de Grasse under number 326 815 370 ("the Vendor" or "MOLINARD") to consumers and non-professional buyers ("the Customers" or "the Client") wishing to purchase the products offered for sale by the Vendor ("the Products") on the website www.molinard.com.
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They can be accessed at any time on the www.molinard.com website and will prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Modifications to these General Terms and Conditions of Sale apply to users of the www.molinard.com website from the date they are posted online, and cannot be applied to transactions concluded previously.
ARTICLE 2 - PRODUCTS OFFERED FOR SALE
The products offered for sale by MOLINARD are those shown on the Site on the day the Purchaser consults the Site, subject to availability.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.molinard.com website.
The customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the www.molinard.com website are not contractual and do not engage the responsibility of the Seller.
The Customer must refer to the description of each Product to find out about its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.
ARTICLE 3 - VALIDITY OF THE PRODUCT OFFER
Product offers are subject to availability, as specified when the order is placed.
In the event of unavailability of one of the Products, the Buyer will be informed at the latest when the order is delivered.
Gift vouchers are valid for one year from the date of purchase.
The 10% welcome discount is applicable once only, on the first order, excluding workshop recommendations and perfume creation workshop bookings.
PERFUME CREATION WORKSHOPS
Invoicing conditions if a perfume creation workshop is cancelled :
Gift vouchers are valid for one year from the date of purchase.
ARTICLE 4 - SELLER'S CONTACT DETAILS
The Seller's contact details are as follows:
Société GLB " PARFUMS MOLINARD ",
RCS GRASSE - 326 815 370
60 boulevard Victor Hugo - 06130 GRASSE
accueil@molinard.fr
04.93.36.01.62
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by post and providing proof of his identity, to the Seller's address, mentioned above.
Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.molinard.com website.
ARTICLE 5 - ORDERS
5.1. Registering an order
If the Customer wishes to place an order, he/she must select the various products that interest him/her, choose among the packaging that may be offered, specify the desired quantity and add them to his/her basket.
At any time, the Customer can obtain a summary of the products he has selected; continue his product selection or complete his product selection and order them.
To order the products thus chosen, after validating their basket, all Customers must identify themselves, either by entering their e-mail address and password, if they have already created an account, or by completing the online registration form, if they have not.
In the latter case, the Customer must accurately complete the form made available to him/her, on which he/she will include the information necessary for his/her identification, in particular his/her surname, first name and postal address.
In addition, the Customer must provide his/her e-mail address and a password which will be personal and confidential to him/her and which he/she will need to identify himself/herself later on the Site.
The Customer is informed and accepts that entering these two identifiers constitutes proof of identity.
Once the Customer is identified, he/she must validate the delivery address and a summary of the order will appear on the screen.
5.2. Final validation of the order
After checking the status of the order, and once all the information requested has been completed by the Buyer, the latter will click on the chosen method of payment to definitively confirm the order.
The following payment methods are available: CB / Visa / Mastercard or Paypal.
5.3. Order confirmation
Once the payment method has been validated (including card number and expiry date, if applicable), a summary of the Buyer's order will be displayed, including the transaction number.
The sale is final only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the www.molinard.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
5.4. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5.5. Order cancellation
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
5.6. Refusal of order
In any event, MOLINARD reserves the right to refuse any order or delivery in the event of an existing dispute with the Purchaser, total or partial non-payment of a previous order by the Purchaser, refusal of authorisation for payment by bank card by banking organisations, non-payment or partial payment. In such cases, MOLINARD may not be held liable under any circumstances.
ARTICLE 6 - PRICES
The Products are supplied at the current prices shown on the www.molinard.com website, at the time the order is registered by the Vendor. Prices are in Euros and include VAT.
Prices take into account any discounts granted by the Seller on the www.molinard.com website.
It is specified that any promotions granted in the form of discount vouchers are only valid for one order per household and for a given period of validity.
They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the www.molinard.com website and calculated before the order is placed.
In the event of an order 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 French overseas departments and territories, the price will automatically be calculated exclusive of VAT on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of MOLINARD and shall be borne by the Purchaser. They are the sole responsibility of the Purchaser, both in terms of declarations and payments to the competent authorities and bodies in the country concerned. MOLINARD advises the Purchaser to obtain information on these aspects from the competent local authorities.
MOLINARD reserves the right, which the Purchaser accepts, to modify its prices at any time, but products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of the said products.
ARTICLE 7 - TERMS OF PAYMENT
The amount due by the Purchaser is the amount indicated on the order confirmation sent by e-mail by MOLINARD to the Purchaser.
When validating the order, as specified in article 5.2. above, the Buyer may choose between different methods of payment. Unless the server is unavailable, payment may be made by :
The Purchaser may pay for his order directly on the Site by credit card (Mastercard, Visa). During the final validation phase of the order, the Buyer indicates the number of his/her credit card as well as its validity date and the cryptogram located on the back of the card (last 3 digits located on the signature panel) [at no time will the Buyer indicate his/her confidential code]. This information is entered in encrypted sections, and all information transmitted is coded. None of this information is transmitted unencrypted over the Internet.
Payment is due immediately and is made when the order is placed. Bank details are transmitted directly to the Paypal site using SSL encryption. Bank details, which will have to be re-entered for each order, are only kept while your order is being processed and are then destroyed.
The Site does not see or store any of this information. It is entirely managed by the Paypal site.
Customers can pay for their purchases in store by credit card (Mastercard, Visa, American Express), cheque or cash. Vacation vouchers are not accepted.
ARTICLE 8 - DELIVERIES
8.1. Shipping times
Once the order has been paid for in full, the parcel will be dispatched to the address indicated on the order within 72 hours. However, orders placed on Fridays after 12pm will be processed within 48 hours from Monday.
Payment by credit card guarantees rapid order processing.
8.2. Delivery times
Deliveries are made by La Poste. The delivery times indicated are those usually used by this carrier (colissimo).
MOLINARD cannot be held responsible for delays in delivery attributable to the carrier.
8.3. Reservations on delivery
Upon receipt of the order, the Buyer shall check the conformity of the Products received.
In the event of any apparent anomaly concerning delivery (damaged or open parcel, etc.), the Purchaser is invited to express any reservations, to refuse the parcel and to follow the procedure for reporting an anomaly to the Post Office. The Purchaser must also notify MOLINARD's customer service department of any complaints within five (5) working days of receipt of the parcel by post to GLB SAS PARFUMS MOLINARD - 60 BD VICTOR HUGO - BP 94210 - 06131 GRASSE CEDEX, or by e-mail to accueil@molinard.com.
Any claim made after this time will be rejected and MOLINARD will be released from all liability. MOLINARD reserves the right to ask the Purchaser to return the damaged product.
If the aforementioned conditions are met, MOLINARD will then either exchange or reimburse the damaged product(s), or reship the missing product (subject to the Purchaser's request being justified).
ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the Vendor's Products will take place upon acceptance of the order by the Vendor, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within FOURTEEN (14) days (14 days at the most following communication of the decision to withdraw) following notification to the Vendor of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice, to the following address GLB SAS PARFUMS MOLINARD - 60 BD VICTOR HUGO - BP 94210 - 06131 GRASSE CEDEX. Roll-ons will not be returned or exchanged unless the product is determined to be defective by the Molinard quality department.
Damaged, soiled or incomplete products cannot be returned.
Engraved Products cannot be returned, exchanged or refunded.
The right of withdrawal may be exercised online, by email to accueil@molinard.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or by any other unambiguous statement expressing the wish to withdraw.
The customer is requested to include the following information in the cancellation e-mail: Order date, Order number, Customer name, Customer address.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
Reimbursement will be made within FOURTEEN (14) days (at most 14 days) from notification to the Seller of the decision to withdraw.
ARTICLE 11 - SELLER'S LIABILITY - WARRANTY
The Products sold on the www.molinard.com website comply with the regulations in force in France and their performance is compatible with non-professional use.
Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions :
It is reminded that under the legal warranty of conformity, the Customer has a period of two years from delivery of the goods to take action against the Seller;- may choose between repair or replacement of the Product ordered, subject to the conditions of cost provided by Article L 217-9 of the French Consumer Code;is exempt from proving the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of FOURTEEN (14) from the delivery of the Products or the discovery of the hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within FOURTEEN (14) days of the Seller's finding of the non-conformity or hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Vendor cannot be held liable in the following cases:
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 - PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the www.molinard.com website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.
This right may be exercised in accordance with the terms and conditions set out on the www.molinard.com website.
ARTICLE 13 - INTELLECTUAL PROPERTY
The content of the www.molinard.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 - REVISION
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
Events of force majeure meeting the criteria of the case law of the French courts and tribunals are considered as cases of force majeure releasing MOLINARD from its obligation to deliver.
In such circumstances, MOLINARD will notify the Purchaser in writing within FIVE (5) working days from the date of knowledge of the event. The order will then be automatically suspended without compensation for ONE (1) month from the date of occurrence of the event.
The Parties will make their best efforts to find a favorable outcome to the situation. Should the event persist beyond the period of ONE (1) month, the order will be cancelled ipso jure without either Party being entitled to claim damages.
ARTICLE 16 - TERMINATION OF THE CONTRACT
In the event of fault or non-performance by either party of its obligations, the present contract will be terminated ipso jure, if the defaulting party fails to remedy its default within 15 days of formal notice by registered letter with acknowledgement of receipt.
Termination shall be without prejudice to the right of either party to obtain, through legal proceedings, any damages or interest which it may claim as a result of the other party's failure to perform its obligations.
ARTICLE 17 - COMPLETENESS
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.
ARTICLE 18 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and any transactions arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 19 - DISPUTES
All disputes arising from the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
In accordance with article L. 612-1 of the French Consumer Code, the customer is informed of the possibility of free recourse to a mediator, by post to the following address: Médiateur du Commerce Coopératif et Associé - FCA - 77 rue de Lourmel - 75017 Paris, or on the https://www.mcca-mediation.fr website, where you will find the Médiation du Commerce Coopératif et Associé Charter and the supporting documents to be provided.
The customer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Civil Liberties.
ARTICLE 20 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
By placing an order on the www.molinard.com website, the Customer fully accepts these General Terms and Conditions of Sale and is obliged to pay for the Products ordered. The Customer expressly acknowledges this and waives the right to invoke any contradictory document that may be unenforceable against the Vendor.
APPENDIX 1 - Legal warranty provisions
Article L217-4 of the French Consumer Code:
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code:
To conform to the contract, the good must :
Be fit for the use ordinarily expected of similar goods and, where applicable :
Article L217-12 of the French Consumer Code:
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article L217-16 of the French Consumer Code:
When the purchaser asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the Civil Code :
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
