Terms and conditions of sale

General Terms and Conditions of Sale — La Songerie

Preamble

These general terms and conditions of sale apply to all sales concluded on the website la-songerie.fr

The company's contact details are as follows:

la-songerie.fr

Company name: SERAPHIA PARFUMS
Postal address: 60 rue François 1er, 75008 Paris
Email address: support@la-songerie.fr
Company registration number: 993909001

The main characteristics of the products, including specifications, illustrations, and indications of dimensions or capacity, are presented in the seller's catalogs. The photographs and graphics provided are not contractual and shall not engage the seller's liability. The customer is required to refer to the description of each product in order to understand its essential properties and specific features.

Product offers are subject to stock availability.

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. In this sense, the customer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms, in particular those applicable to in-store sales or through other marketing or distribution channels.

They are accessible on the website la-songerie.fr and shall prevail, where applicable, over any other version or contradictory document.

The buyer and the seller agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time, which will be applicable as soon as they are posted online.

If a condition of sale were to be missing, it would be considered governed by the customs in force in the distance selling sector for companies with their registered office in France.

Article 2 - Content

Purpose. The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the website la-songerie.fr.

Capacity. Use of the site to place an order presumes acceptance of all the terms of these general terms and conditions. The customer declares to be of legal age and legally capable of entering into a contract under the laws of their country, or declares to represent, under a valid mandate, the person for whom they are placing the order.

Acceptance of GTC. The customer declares to have read the general terms and conditions and to have accepted them before any purchase, which implies unconditional adherence to these general terms and conditions of sale. By this acceptance, the customer acknowledges having received sufficient information and advice from the company prior to any order, allowing them to ensure the adequacy of the order's content to their needs. These general terms and conditions constitute the entire rights and obligations of the parties within the framework of their contractual relationship.

Unless proven otherwise, the data recorded by the site constitutes proof of all facts, acceptances, and transactions.

Article 3 - The order

The buyer has the possibility to place an order online, from the online catalog and using the form provided, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general terms and conditions. They must also choose the address and method of delivery, and finally validate the payment method.

The sale will be considered final:

• after the seller sends the buyer a confirmation of the order acceptance by email;
• and after the seller has received the full payment.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address, or other problems on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question regarding order tracking, the buyer can send an email to the seller at the following address: support@la-songerie.fr

Digital records, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 4 - Pre-contractual information

The buyer acknowledges having had knowledge, prior to placing their order and concluding the contract, in a legible and understandable manner, of these general terms and conditions of sale and all information listed in Article L. 221-5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and understandable manner:

• the essential characteristics of the good;
• the price of the good and/or the method of calculating the price;
• if applicable, all additional transport, delivery, or postage costs and all other potential costs that may be required;
• in the absence of immediate performance of the contract, the date or the deadline by which the seller undertakes to deliver the good, regardless of its price;
• information regarding the seller's identity, their postal, telephone, and electronic contact details, and their activities, those relating to legal guarantees, the functionalities of digital content and, if applicable, its interoperability, the existence and implementation methods of guarantees, and other contractual conditions.

Article 5 - Electronic signature

Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:

• exigibility of the sums due under the order form;
• signature and express acceptance of all operations performed.

In case of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following email address: support@la-songerie.fr

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation via email once the payment has been made.

Article 7 - Proof of transaction

Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold by the seller. They are offered subject to stock availability.

Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.

Product photographs are not contractual.

Article 9 – Pricing conditions

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros.

The customer purchasing a product sold at an all-inclusive price (TTC) will see a price taking into account the VAT applicable on the day of the product's purchase. Any change in the applicable VAT rate will be reflected in the price of the products. In the event that the company benefits from a VAT base franchise, it may legitimately invoice its products excluding tax (HT).

In the event that a customer located in a European Union country is asked to pay VAT to receive their order, the latter must inform the seller before paying the sums requested by the carrier or the customs administration, so that the seller can legitimately resolve the situation for the customer.

If the customer has nonetheless paid costs related to customs clearance such as VAT, customs duties, or other administrative fees, the customer may request a refund only of the VAT and customs duties, on the sole condition that the customer provides acceptable proof of the payment thus made.

Article 10 - Payment method

This is an order with an obligation to pay, which means that placing the order involves payment by the buyer.

To pay for their order, the buyer has, at their choice, all the payment methods made available to them by the seller and listed on the seller's site. The buyer guarantees the seller that they have any necessary authorizations to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorization by bank card from officially accredited organizations or in the event of non-payment.

Payment of the price is made in full on the day of the order, according to the following methods:

• PayPal
• Bank card (Visa, Mastercard, etc.)

Special offers and discount coupons. The company reserves the right to offer limited-time launch offers, promotional offers, or price reductions on its products and to revise its offers and rates on the site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of the product's purchase by the customer. Discount coupons may be subject to specific conditions and remain strictly personal to their beneficiary and can be used only once.

In case of payment incident and/or fraud. The company reserves the right to suspend any order processing and any delivery in the event of non-payment or refusal of payment authorization. The company may contact the customer to request additional documents to execute the order payment. In case of fraudulent use of their bank card, the customer is invited, as soon as this use is noted, to contact the company, without prejudice to the steps that must be taken by the customer with their bank.

Default or late payment. The interest and penalties provided for by law apply in case of default or late payment by the consumer or professional customer.

Article 11 - Availability of products - Refund - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the site's homepage, shipping times will be, within the limits of available stock, those indicated on the product sheet and during the order placement process. Shipping times run from the date of registration of the order indicated on the order confirmation email.

In case of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, enjoin the seller to perform it within a reasonable additional period.

Failing performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller is required to refund the buyer for all sums paid, no later than 14 days following the date on which the contract was denounced.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest after their payment, or an exchange of the product.

Article 12 - Delivery methods

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered to the buyer by the seller's supplier according to the methods and deadlines specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must therefore ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the location and within the timeframe indicated.

If at the time of delivery the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged packages, broken products, etc.).

This verification is considered performed as soon as the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered letter no later than two business days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notice.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, manuals, etc.).

The products must be returned to the following address:

60 rue François 1er, 75008 Paris

The product will be delivered within a maximum period of 25 days.

The products are offered for sale and delivered subject to stock availability. In case of unavailability of the ordered product, the customer will be immediately informed by the company, which may offer them a product of equivalent quality and price or, failing that, will proceed to refund the order if the customer is a consumer. Beyond the refund of the price of the unavailable product, the company is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to it.

Return costs are at the customer's expense.

Article 13 - Delivery errors

The buyer must formulate any claim regarding a delivery error and/or non-conformity of the products in kind or quality compared to the indications appearing on the order form to the seller on the day of delivery itself or at the latest on the first business day following delivery. Any claim made beyond this period will be rejected.

The claim can be made by email to the following address: support@la-songerie.fr

Any claim not made in accordance with the rules defined above and within the given deadlines cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

Article 14 - Product Warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from the delivery of the goods to act;
• the buyer may choose between the repair or replacement of the goods, subject to the cost conditions provided for by Article L. 217-17 of the Consumer Code;
• the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.

14-2 Legal guarantee against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are of such a nature as to render the goods unfit for the use for which they are intended. This guarantee must be implemented within a period of two years from the discovery of the defect.

The buyer may choose between the rescission of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal

Application of the right of withdrawal

The buyer has a period of 30 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, which remain the responsibility of the buyer.

Returns must be made in their original, complete state (packaging, accessories, instructions, etc.) to allow for them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal may be exercised online or by any other type of statement. It must be unambiguous and express the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the client must notify their right of withdrawal by email to the following address: support@la-songerie.fr

The price of the purchased product(s) and the delivery costs will be refunded.

Return costs are at the buyer's expense.

The exchange (subject to availability) or the refund will be carried out no later than 30 days from the seller's receipt of the products returned by the buyer under the conditions provided for above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations on the financial market beyond the professional's control and which may occur during the withdrawal period;
• for the supply of goods made to the consumer's specifications or clearly personalized;
• for the supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages where the delivery is deferred beyond thirty days and where the value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
• for the supply of digital content not provided on a tangible medium whose performance has begun after the consumer's prior express consent and express waiver of their right of withdrawal.

The company is not required to reimburse additional costs if the consumer has expressly chosen a mode of delivery more expensive than the standard delivery mode offered by the professional.

Article 16 - Force majeure

All circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered as causes of exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

All irresistible, external to the parties, unforeseeable, inevitable, independent of the parties' will, and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, in addition to those usually retained by the jurisprudence of French courts and tribunals, the following are considered cases of force majeure or fortuitous events: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.

Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 18 - Data Protection

The personal data provided by the buyer are necessary for processing their order and for drawing up invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right may be exercised under the conditions and according to the methods defined on the site la-songerie.fr.

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail themselves of a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Heading

In case of difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details, and email addresses of the mediator are available on our site.

In case of difficulty in the execution of the contract, the consumer client residing in Europe has the possibility, before any legal action, to seek the assistance of a consumer mediator.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

Article 24 - Applicable Law

These general terms and conditions are subject to the application of French law. The competent courts are the French courts.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will primarily contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The personal data collected on this site are as follows:

• account opening: when creating the user's account;
• connection: when the user connects to the website, it records, in particular, their first names, surnames, payment data, connection, usage, and location data;
• profile: the use of the services provided on the website allows for the filling in of a profile, which may include an address and a phone number;
• payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
• communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
• cookies: cookies are used in the context of the use of the site. The user has the possibility to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to make the website's services available, improve them, and maintain a secure environment. More specifically, the uses are as follows:

• access and use of the website by the user;
• management of the operation and optimization of the website;
• organization of the conditions of use of the payment services;
• verification, identification, and authentication of the data transmitted by the user;
• offering the user the possibility to communicate with other users of the website;
• implementation of user support;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• prevention and detection of fraud, malware, and management of security incidents;
• management of potential disputes with users;
• sending of commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
• when the user publishes, in the free comment areas of the website, information accessible to the public;
• when the user authorizes a third party's website to access their data;
• when the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to the user's data in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations regarding the protection of personal data;
• if required by law, the website may perform the transmission of data to respond to claims against the website and comply with administrative and judicial procedures;
• if the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: support@la-songerie.fr

• right of access: they can exercise their right of access to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity to verify its accuracy.
• right of rectification: if the personal data held by the website is inaccurate, they may request the updating of the information.
• right to data deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• right to restriction of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
• right to portability: they may claim that the website provides them with the personal data supplied to it to transmit them to a new website.

Modification of this clause

The website reserves the right to make any modification to this clause regarding the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.