GENERAL TERMS AND CONDITIONS
General terms and conditions of sale updated version 30 March 2023.
1. Object
The purpose of these terms and conditions is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered 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.
The Buyer acknowledges having been informed, prior to placing his/her order and concluding the contract, in a legible and comprehensible manner, of these General Conditions and of all the information listed in article L.221-5 of the Consumer Code. They may be accessed at any time on the adopt.com website
They shall apply by operation of law, without restriction or reservation, to all sales made by ADOPT PARFUMS of the products offered on its adopt.com website. Consequently, the fact that any person orders a product offered for sale on the ADOPT PARFUMS website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to ordering. In this respect, these General Conditions are enforceable against the Buyer in accordance with the provisions of Article 1119 of the Civil Code.
Products ordered on the ADOPT PARFUMS website can be delivered in Metropolitan France (including Monca & Corsica) as well as in the countries of the European Union (excluding DROM COM, the United Kingdom, Switzerland, Cyprus and Malta). The DROM COM are not included in the scope of delivery.
The Buyer declares before ordering that :
- The purchase of products on the ADOPT PARFUMS website is not directly related to his professional activity and is limited to strictly personal use;
- He/she has full legal capacity to commit himself/herself under these General Terms and Conditions of Sale.
These General Conditions are applicable to the exclusion of all others. ADOPT PARFUMS reserves the right to modify these General Conditions at any time. The General Terms and Conditions applicable are those in force on the day of the Buyer's order.
2. Access to the site
The Purchaser shall be personally responsible for setting up the computer and telecommunications resources required to access the ADOPT PARFUMS website.
The Buyer shall bear the telecommunication costs of accessing the Internet and using the site.
3. Contract formation and orders
3.1. Rates
The sale prices of products on the ADOPT PARFUMS website, indicated in euros, are those in force at the time the order is registered by the Purchaser. They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs will be indicated before the Buyer places the order. Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the products sold by Adopt Parfums on its website. The selling prices of the products may be modified by Adopt Parfums at any time. The Buyer will be informed of such changes before placing an order.
3.1. Product characteristics
In accordance with Article L. 111-1 of the French Consumer Code, the Purchaser may, prior to placing an order, take note, on the ADOPT PARFUMS website, of the essential characteristics of the product(s) he/she wishes to order. The Purchaser 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 stored in its warehouses, the offers presented by ADOPT PARFUMS are valid subject to availability from its suppliers. ADOPT PARFUMS reserves the right to modify the range of products, in particular according to the constraints of its suppliers. In the event of unavailability of the product ordered, the Purchaser will have the choice of requesting either a refund of the sums paid within thirty (30) days of their payment, or an exchange of the Product.
The products and their characteristics are described and represented as best as possible on the ADOPT PARFUMS website. However, it cannot be ruled out that there may be slight differences in typography, size, colour and proportion between the reproduction of the products on the site and the products delivered.
3.1. Ordering
Any order implies acceptance without restriction or reservation of these general conditions of sale. Once the Buyer has registered his/her order by clicking on the "Validate" icon, he/she is considered to have accepted, with full knowledge of the facts and without reservation, the present general terms and conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered. The Purchaser's order must be confirmed by ADOPT PARFUMS by e-mail. The sale will only be considered definitive once ADOPT PARFUMS has sent the Purchaser confirmation of the order and has received payment in full. ADOPT PARFUMS recommends that the Buyer keeps this information on a paper or computer document. As an exclusive brand, ADOPT PARFUMS sells the products on its site only at retail level 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.
4. Payment
Payment must be made at the time of ordering by the Buyer. At no time may the sums paid be considered as a deposit or advance payment. All orders are payable in Euros. To pay for the order, the Buyer may use the following payment methods: credit card (Carte Bleue, Visa and Master Card) and paypal.
The Purchaser guarantees ADOPT PARFUMS that he/she has the necessary authorisation to use the method of payment chosen when placing his/her order. ADOPT PARFUMS reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.
The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
In the context of the fight against Internet fraud, the information relating to your order may be transmitted to any third party able to carry out verification operations as detailed in Article 12 of these General Conditions. In order to ensure the security of payment by bank card, the Purchaser is obliged to transmit to ADOPT PARFUMS the visual cryptogram (CVV) of his/her bank card. ADOPT PARFUMS uses a secure payment tool and makes every effort to ensure the confidentiality and security of data transmitted on the Site. Payment security is based on the authentication of the merchant, i.e. ADOPT PARFUMS, and on the confidentiality of all data.
5. Choice of products
The Purchaser, having taken note of the products and their characteristics marketed by ADOPT PARFUMS, has, under his sole responsibility and according to his needs as determined before placing any order, chosen the product(s) which are the subject of his order. Furthermore, the Purchaser alone is aware of the products he/she owns and uses, and is the sole judge of the compatibility of the products ordered with those used by him/her.
6. Delivery and reception
6.1. General rules
Products can be delivered in metropolitan France (including Monaco and Corsica) as well as in European Union (excluding DROM COM, the United Kingdom, Switzerland, Cyprus and Malta). The DROM COM are not included in the scope of delivery.
By default, invoices are sent to the e-mail address indicated by the Buyer when placing the order. The Buyer is advised to check 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 may not in any case engage the responsibility of the seller.
6.2. Characteristics of delivery by Colissimo
The Buyer is delivered to the home address indicated at the time of the order by the Colissimo company's deliveryman. If the Purchaser or recipient is absent, the parcel is left in the nearest post office for 15 days. After this period, the parcel is returned to ADOPT PARFUMS. It is recommended that the Buyer, at the time of receipt, check the condition of the package and the number of packages delivered in the presence of the delivery person. In case of doubt, it is recommended to refuse the parcel and to report these incidents to ADOPT PARFUMS.
6.3. Deadlines
The delivery times, following the dispatch of your order by ADOPT PARFUMS, are as follows:
- Colissimo Suivi de la Poste for international deliveries: 3 to 5 working days on average
- Colissimo Suivi de la Poste for Metropolitan France: 2 working days
For all orders confirmed from Monday to Friday (excluding public holidays), the order will be dispatched 48 hours after validation, subject to stock availability. These times are given as an indication. It is specified that any delay in delivery caused by an event of force majeure may not result in any compensation to the Buyer by ADOPT PARFUMS. In any event, and in accordance with the provisions of article L. 216-1 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following the day on which the Buyer registered his order, subject to full payment of the price. If the products have not been delivered by the end of this period, the Buyer may cancel the order by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having requested ADOPT PARFUMS to make the delivery within a reasonable additional period, the latter has not done so within this period. Cancellation shall be deemed effective upon receipt by ADOPT PARFUMS of the letter or writing informing it of this resolution, unless ADOPT PARFUMS has complied in the meantime. The Buyer may immediately cancel his order if ADOPT PARFUMS refuses to deliver the goods or does not fulfil its obligation to deliver the goods on the expiry of the stipulated date and if this date or period constitutes 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.
6.4. Exchange
The Buyer may request an exchange within fifteen (15) days of receiving the product. The return costs remain at the Buyer's expense. The return address is as follows
Adopt Parfums customer service 19 Impasse Lou Haou ZI Auguste V 33610 Cestas France
Damaged, soiled or incomplete products cannot be returned. 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. The product must be returned complete and in its original packaging.
Your order is incomplete or one of the products is damaged?
We apologise for this inconvenience. To remedy this problem, simply contact our customer service by email at [email protected]. In order to deal with your request in the best possible way, we would be grateful if you could include a photo and a short note explaining your situation.
7. Right of withdrawal
Within fourteen (14) days of receiving the products, the Buyer may exercise his right of withdrawal without having to give reasons. In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple batches or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or batch or the last part.
The Buyer shall exercise his right of withdrawal by any unambiguous statement expressing his wish 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 must return the products concerned within fourteen (14) days from the date on which he/she informed ADOPT PARFUMS of his/her wish to withdraw. The products must be returned in their original packaging.
If the right of withdrawal is exercised within the above-mentioned 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 Purchaser.
Reimbursement shall be made at the latest within fourteen (14) days from the date on which ADOPT PARFUMS was informed of the Purchaser's decision to withdraw. ADOPT PARFUMS may defer reimbursement until it has received the returned products or 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. Reservation of ownership
ADOPT PARFUMS retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.
9. Exclusion of liability and force majeure
ADOPT PARFUMS shall be fully liable for the performance of its obligations hereunder. ADOPT PARFUMS shall be liable for direct and foreseeable damage resulting from a breach of these Conditions, to the exclusion of all indirect, incidental damage not expressly foreseen or normally foreseeable at the time the contract was concluded.
ADOPT PARFUMS undertakes to describe the products sold on its website as accurately as possible.
However, ADOPT PARFUMS may 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 as defined in Article 1218 of the Civil Code.
ADOPT PARFUMS shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
ADOPT PARFUMS cannot be held responsible for any loss of data or files. It is the responsibility of the Purchaser to make all necessary back-ups. The ADOPT PARFUMS site also contains information from third parties and links to other Internet sites. ADOPT PARFUMS may not under any circumstances be held liable for any damage resulting from the use of, access to, or inability to use this third-party information, nor for the content of other Internet sites.
10. Legal guarantees
All products on sale on the ADOPT PARFUMS site benefit from 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 Purchaser to return defective or non-compliant products delivered.
The Buyer is informed that ADOPT PARFUMS guarantees the conformity of the Products to the contract within the framework of these two legal guarantees.
When acting under the legal guarantee of conformity, the Buyer has a period of two years from the delivery of the product to act under the legal guarantee of conformity.
In this case, he may choose between repairing or replacing the product, subject to the cost conditions set out 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.
Legal guarantee of conformity
Article L217-3 of the Consumer Code: "The seller shall deliver goods that comply with the contract and the criteria set out in Article L.217-5.
In the case of a contract for the sale of goods with digital elements :
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or where the contract does not determine the duration of the supply, the seller shall be liable for any lack of conformity of the digital content or digital service that appears within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract.
He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within a period of two years from the delivery.
The seller shall also be liable, during the same period, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility under the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
- Article L217-4 of the Consumer Code: "The goods conform to the contract if they meet the following criteria, where applicable
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
- Article L217-5 of the Consumer Code: "I.-In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use usually expected of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;
2° Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :
1° That he did not know them and was not legitimately in a position to know them ;
2° That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
3. that the public statements could not have influenced the decision to buy.
III - The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.
- Article L217-8 of the Consumer Code: "In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, in accordance with the conditions set out in this sub-section.
The consumer shall also have the right to suspend the payment of all or part of the price or the remission of the benefit provided for in the contract until the seller has fulfilled his obligations under this Chapter, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
- Article L217-10 of the Consumer Code: "The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience for him, taking into account the nature of the goods and the use intended by the consumer.
The repair or replacement of the non-conforming goods shall include, where appropriate, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree shall specify the procedures for bringing the goods into conformity.
- Article L217-11 of the Consumer Code: "The goods are brought into conformity without any cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.
- Article L217-12 of the Consumer Code: "The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular
1° The value that the goods would have if there were no lack of conformity;
2° the significance of the lack of conformity; and
3° the possibility of choosing the other option without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1 and 2.
Where these conditions are not met, the consumer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.
Guarantee of defects in the thing sold
- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make 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 given 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.
11. Protection of personal data
In the course of operating its adopt.com website, ADOPT PARFUMS collects data about Buyers.
Certain information is mandatory and necessary for the processing of Purchasers' orders.
The personal data you provide to us will be used (i) to process your order, deliver the products and provide support services to you, or (ii) with your consent. We will collect and use your personal data in accordance with applicable data protection legislation, in particular Law 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018.
This information is kept by ADOPT PARFUMS for the time necessary to provide the products or services it offers.
The data collected may be communicated to service providers contractually responsible for the execution of tasks necessary for the proper execution of the sales contract (in particular delivery and secure online payment) and/or for the proper functioning of the website (maintenance, updates, etc...).
It is specified that, in the context of the performance of their services, the service providers have only limited access to the Buyer's data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data.
Apart from this, ADOPT PARFUMS will not sell, rent, transfer or give access to third parties to the data, unless it has sought the prior agreement of the Buyer, or unless it is obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.). If some of the recipients of the personal data collected are located outside the European Union, the country of the recipient(s) must offer an adequate level of protection by decision of the European Commission.
In accordance with the law n°78-17 of January 6, 1978, the Buyer has a right of opposition, a right of access, a right of rectification, a right of erasure (right to be forgotten), and a right of limitation on his personal data.
The Buyer may also object to the processing of his/her personal data for legitimate reasons. ADOPT PARFUMS' policy on this subject can be consulted at the following link: https://www.adopt.com/fr/charte-de-confidentialite
12. Intellectual property
The ADOPT PARFUMS trademark, as well as all figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, are and shall remain the exclusive property of ADOPT PARFUMS.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of ADOPT PARFUMS, is strictly prohibited.
13. Partial invalidity
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.
14. Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
15. Applicable law and jurisdiction
Sales on the website and relations between the Buyer and ADOPT PARFUMS are subject to French law. The parties undertake to seek an amicable solution to any dispute relating to the interpretation or execution of these GTC, by referring the matter to the customer service department.
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 PARFUMS is a member of 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.
In the absence of an amicable solution, any legal action will be brought before the competent courts.