GENERAL TERMS AND CONDITIONS OF SALE
Terms and conditions of sale updated version October 26, 2018.
1. Object
The purpose of these general conditions of sale is, on the one hand, to inform any possible consumer on the conditions and modalities in which the seller proceeds to the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by the company Adopt Parfums, products offered on its website. Consequently, the fact that any person orders a product offered for sale on the website of the company adopts full acceptance of these terms and conditions of sale which the Buyer acknowledges having read prior to his order. We ensure deliveries in Metropolitan France (Monaco and Corsica included) as well as in the countries of the European Union (except DROM COM, United Kingdom, Switzerland, Cyprus and Malta). The DROM COM are not part of our scope of delivery.
- The purchase of products on the website Adopt Parfums is not directly related to its professional activity and is limited to a strictly personal use;
- To have full legal capacity, allowing him to commit himself under these general conditions of sale.
The company Adopt Parfums reserves the right to modify at any time the present general conditions of sale. The applicable GTC are those in force on the day of the Buyer's order.
2. Company identity
Name: Adopt ParfumsAddress: 19 Impasse Lou Haou, ZI Auguste V
Zipcode: 33610
City: CESTAS
SIRET: 35183740600856
3. Access to the site
The Buyer is personally responsible for setting up the computer and telecommunication means allowing access to the Adopt Parfums website.
The Buyer shall bear the telecommunication costs of accessing the Internet and using the site.
4. Contract formation and orders
4.1. Rates
The selling prices of the products online on the website of Adopt Parfums, indicated in euros, are those in force at the time of registration of the order form by the Buyer.They do not include shipping costs, which are charged in addition to the price of the products purchased, depending on the amount of the order. The shipping costs will be indicated before the registration of the order by the Buyer.The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of products sold by Adopt Parfums within its website.The selling prices of the products can be modified by Adopt Parfums at any time. This change will be reported to the Buyer before any order.
4.2. Product characteristics
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his order, take note, on the site of Adopt Parfums, of the essential characteristics of the products he wishes to order.The Buyer selects one or more products from the various categories offered on the Adopt Parfums website.The offers presented by Adopt Parfums are valid while stocks last. For products not stocked in its warehouses, the offers presented by adopt are valid subject to availability from its suppliers. Adopt Parfums reserves the right to modify the assortment of products according to the constraints of its suppliers.The products and their characteristics are described and represented as well as possible on the site of Adopt Parfums. However, it is not excluded that there are slight differences in typography, size, color and proportion between the reproduction of the products on the site and the delivered products.
4.3. Ordering
Any order implies unconditional acceptance of these terms and conditions of sale.From the moment the Buyer has registered his order by clicking on the "Validate" icon, he is considered to have accepted with full knowledge of the facts and without reservation the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.The Buyer's order must be confirmed by Adopt Parfums, by e-mail.The sale will be considered final only after the sending to the Buyer of the confirmation of the order by Adopt Parfums and collection by it of the full price. Adopt Parfums recommends to the Buyer to keep this information on a paper or computer document.As an exclusive brand, Adopt Parfums sells the products on its site only at retail and to end consumers. Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, will be considered by Adopt Parfums as null and void. 5. Payment
Payment must be made at the time of the order by the Buyer. At no time, the sums paid can be considered as a deposit or advance payment.All orders are payable in Euros.To pay for his order, the Buyer has the following payment methods: credit card (Carte Bleue, Visa and Master Card) and paypal.
The Buyer guarantees to Adopt Parfums that he has the necessary authorizations to use the method of payment he has chosen, when registering the order form. Adopt Parfums reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in case of non-payment of any sum that would be due by the Buyer or in case of payment incident.
The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof. Adopt Parfums reserves the right to request a photocopy of the Buyer's card for any payment by credit card. For amounts exceeding 100 euros including VAT, Adopt Parfums reserves the right to request a certified photocopy of an identity document. As part of the fight against Internet fraud, information about your order may be transmitted to any third party for verification. In order to ensure the security of the payment by credit card, the Buyer is obliged to transmit to Adopt Parfums the visual cryptogram (CVV) of his credit card.adopt uses a secure payment tool. The security of the payment is based on the authentication of the merchant, i.e. Adopts Parfums, and on the confidentiality of the entire data.
6. Choice of products
The Buyer having taken knowledge of the products and their characteristics, marketed by Adopt Parfums, has under its sole responsibility and according to its needs as they have previously determined before any order, made its choice on the product or products that are the subject of its order. In addition, the Buyer, knowing only the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him. It is the sole responsibility of the Buyer, if he/she does not consider himself/herself sufficiently competent, to seek the assistance of a counsel.
7. Delivery and reception
7.1. General rules
We ensure deliveries in Metropolitan France (Monaco and Corsica included) as well as in the countries of the European Union (except DROM COM, United Kingdom, Switzerland, Cyprus and Malta). The DROM COM are not part of our scope of delivery. By default, invoices are sent to the email address indicated by the Buyer during registration.It is recommended that the Buyer verify the delivery and/or billing address indicated when placing the order. The registration of an erroneous invoicing address constitutes a fault of the Buyer and could in no case engage the responsibility of the salesman.7.2. Characteristics of the delivery by Colissimo
The Buyer is delivered to his home by the deliveryman of the company Colissimo. In case of absence of the Buyer or the addressee, the parcel is left pending 15 days in the nearest post office. After this period, the package is returned to Adopt Parfums. It is recommended to the Buyer, at the time of reception, to verify in the presence of the deliveryman the state of the parcel and the number of parcels delivered. In case of doubt, it is recommended to refuse the package and report these incidents to Adopt Parfums.
7.3. Deadlines
The delivery times, following the shipment of your order by Adopt Parfums, are as follows:- Colissimo Suivi de la Poste for the international: 3 to 5 working days on average
- Colissimo Suivi de la Poste for Metropolitan France: 2 working days.
For any order confirmed from Monday to Friday (except public holidays), the shipment of the order will take place 48 hours after validation within the limit of available stock.These times are given as an indication. It is specified that the possible overtaking of the delivery deadlines caused by an event of force majeure shall not result in any compensation to the Buyer by Adopt Parfums. In any case, and in accordance with the provisions of the article L. 216-1 of the code of the consumption, the ordered products will be delivered within a maximum period of thirty days as from the day following that where the Buyer recorded his order, subject to the complete payment of the price.In the absence of delivery at the end of this period, the Purchaser shall have the possibility of cancelling his order, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined, in the same manner, Adopt Parfums to make the delivery within a reasonable additional period, the latter has not complied within this period.The cancellation shall be deemed effective upon receipt by Adopt Parfums of the letter or writing informing it of such resolution, unless Adopt Parfum has performed in the meantime.The Buyer may immediately cancel its order if Adopt Parfums refuses to deliver the goods or fails to perform its obligation to deliver the goods by the expiration of the agreed date or time and such date or time is an essential condition of the contract for the Buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
7.4. Exchange
The Buyer has the possibility to ask for an exchange, within fifteen (15) days from the reception of the product. The return costs remain at the charge of the Buyer.The return address is as follows:Adopt Parfums customer service19 Impasse Lou HaouZI Auguste V33610 CestasFrance
Damaged, soiled or incomplete products are not accepted.
The exchange (subject to availability) will be made within a maximum of thirty (30) days from the receipt of the returned products by Adopt Parfums.
Your order is incomplete or one of the products is damaged?
We apologize for this inconvenience. To remedy this concern, simply contact our customer service by email at [email protected] .8. Right to withdraw
Within thirty (30) days following receipt of the products, the Buyer may exercise his/her right of withdrawal.
Prior to any return of a product, the Buyer must notify his/her intention to withdraw:
- Either by contacting our customer service: by email at [email protected]. Our customer service is available from Monday to Friday from 9am to 5pm.
- Or by returning the withdrawal form [click here to download the form] duly completed and signed by email to [email protected] or to the following address
Adopt customer service, 19 Impasse Lou Haou, ZI Auguste V, 33610 Cestas France
The consumer is obliged to return the products concerned within fourteen (14) days from the date on which he/she informed Adopt of his/her wish to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the delivery costs shall be reimbursed: the costs of return shall be borne by the Buyer.
The refund shall be made no later than fourteen (14) days from the date of receipt by adopt' of the returned products or of the proof of shipment of the products concerned (whichever date is earlier), and by means of the same means of payment as that used by the consumer, unless the latter expressly agrees to a different means of payment.
The Buyer shall only be liable for the depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.
9. Retention of ownership
Adopt retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.
10. Liability
Adopt undertakes to describe the products sold on its website as accurately as possible.
However, adopt' shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure.
Adopt shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
Adopt cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products.
Adopt cannot be held responsible for any loss of data or files. It is the responsibility of the Buyer to make all necessary backups. The Adopt website also contains information from third parties, and links to other websites. Adopt shall not be liable for any damages resulting from the use of, access to, or inability to use such third party information, nor for the content of other websites.
11. Legal guarantees
TAll products sold on the Adopt website are covered by the legal guarantee of conformity (articles L. 217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing the Buyer to return defective or non-compliant products.
The Buyer is informed that Adopt, whose registered office is located at 19 impasse Lou Haou - 33610 Cestas - is responsible for the conformity of the Products to the contract under these two legal guarantees.
The Buyer shall have a period of two years from the date of delivery of the Product to take action under the legal guarantee of conformity.
In this case, he/she may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
For contracts concluded after 18 March 2016, the Buyer is exempted from proving the existence of the product's lack of conformity during the twenty-four (24) months following the delivery of the product.
The Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article L217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L217-5 of the French Consumer Code: The goods conform to the contract:
1. If it is fit for the purpose usually expected of a similar good and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
- Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
- Article 1648 al 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
12. Partial nullity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
13. Non-waiver agreement
If one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale, this shall not be interpreted for the future as a waiver of the obligation in question.
14. Jurisdiction and applicable law
The sales on the site and the relationship between the Buyer and Adopt are subject to French law. The parties agree to seek an amicable solution to any dispute relating to the interpretation or execution of these GTC, by referring to the customer service.
In the event that the settlement of the dispute is unsuccessful with the customer service, you may have recourse to the mediation service for consumer disputes related to an order placed.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Adopt adheres to the Mediator's service of the Centre de Médiation et d'Arbitrage de Paris (CMAP), 39 avenue Franklin D. Roosevelt, 75008 PARIS, Tel: +33 1 44 95 11 40, Fax: +33 1 44 95 11 49, email: [email protected]
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ . In the absence of an amicable agreement, the dispute will be submitted to the French courts.