The company EUTOPIE SAS (hereafter \u201cThe EUTOPIE e-boutique\u2019\u2019), a simplified joint stock company with capital of 25.000 Euros, registered in the Paris Trade and Companies Register under the number 539\u00a0682 088, whose registered office is located at 25 rue de Ponthieu in Paris (75008) and whose Intra-Community VAT number is FR 70539682088, is specialized in fragrances development and sales and offers a complete service in the on-line sale of its fragrances. These General Terms and Conditions of Sale unreservedly govern Product sales by The EUTOPIE Fragrances e-boutique from the internet address www.eutopie-parfums.com and its derivative addresses.<\/p>\n
The Site offers for sale, to individuals browsing the Site, fragrances of the EUTOPIE brand (hereinafter referred to as the “Products”).<\/p>\n
For the application of this agreement, it is agreed that the Customer and The EUTOPIE e-boutique will jointly be referred to as the “Parties” and individually as the “Party.”<\/p>\n
It is specified that the Products are meant exclusively for the Customer’s personal use. The resell or distribution of EUTOPIE products bought on the e-Boutique is strictly forbidden. In this connection, the Customer is reminded particularly that the same user may not order more than one (1) product maximum per month for the samples discovery kit, same name, same address. If an order exceeds the number stated above, it will be considered invalid.<\/p>\n
The products ordered by the Customer on the Site, will be delivered in all countries and geographical zones listed below\u00a0 (to be confirmed regularly by the french Post Office):<\/p>\n
France, Monaco, Andorra, Germany, Belgium, Netherlands, Luxembourg , UK , Ireland, Italy , Spain, Portugal , Switzerland, Austria , Denmark, Hungary , Poland, Czech Republic , Slovakia, Slovenia , Estonia, Latvia , Lithuania, Greece, Iceland, Finland , Norway, Sweden , Turkey , North Africa , Canary Islands , Balearic Islands, Ceuta, Melilla, the Azores , Madeira, countries of Eastern Europe , USA , Canada, Australia , China, Japan , Hong Kong, Singapore, Korea Southern , Thailand, Taiwan , Vietnam , India, Russia , Israel , Africa, Middle East, Central and South America , Asia and Oceania .<\/p>\n
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By placing an order for a Product on the Site, the Customer acknowledges that s\/he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Customer for this acknowledgement to be valid.<\/p>\n
Any special condition that is stated, e.g., in documents issued by the Customer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from The EUTOPIE e-boutique.<\/p>\n
These conditions do not intend to and may not result in Customers from the European Union being deprived of the compulsory legal requirements specified by the laws of their own countries. If any of the provisions of these conditions should prove to infringe on a compulsory point of law from which the Customer benefits under his\/her national legislation, such provision will not apply to that Customer, though all the other provisions will remain in force.<\/p>\n
The Customer must also unreservedly agree to the conditions of use of the Site if s\/he wishes to view it.<\/p>\n
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These General Terms and Conditions of Sale define the procedures by which The EUTOPIE e-boutique will sell Products to the Customer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.<\/p>\n
They define all the stages required for placing the order and they monitor this order between the Parties.<\/p>\n
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The EUTOPIE e-boutique presents on the Site the Products for sale and their detailed descriptions, in Product descriptions, which complies with Article L.111-1 of the French Customer Code, which specifies that the potential Customer must be able to find out the essential characteristics of the products s\/he wishes to buy prior to actually placing the order.<\/p>\n
The EUTOPIE e-boutique will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of colour and design. However, since The EUTOPIE e-boutique has no control over the technical limitations of individual Customer computer equipment, The EUTOPIE e-boutique may not be held liable for inaccurate representation of the Products on the Website.<\/p>\n
Subject to the restrictions on delivery described in the preamble hereto, the Customer is able to customize certain Perfume products for sale on the Website with engraving done according to his specifications. The Customer can find the terms and conditions of this service (particularly cost and products concerned) on the Website.<\/p>\n
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2.2.1. The Products offered for sale by The EUTOPIE e-boutique are those that are shown on the Site, on the day on which the Customer views it and within the limit of the stocks available.<\/p>\n
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2.2.2. If a Product is not available, The EUTOPIE e-boutique will notify the Customer as soon as possible by e-mail that a partial order will take place or that his\/her order is cancelled.<\/p>\n
This notice may be made when the order is being placed or after the order is validated before delivery. The Customer will then have 48 hours (counting business days, but not weekends or public holidays) to ask for the order to be cancelled or for it to be sent under special conditions (partial delivery), by contacting the Customer Service by e-mail : customer@eutopieparfums.com. Beyond that 48-hours period, and if no request is sent by the Customer to the Customer Service, the partial order will be sent for delivery to the Customer.<\/p>\n
If the Customer’s bank account had already been debited at the time that the Customer is informed as above, The EUTOPIE e-boutique undertakes to reimburse the Customer as soon as possible for the price of the Product(s) that was (were) not available to the bank account used at order time.<\/p>\n
If the Customer asks for the entire order to be cancelled, The EUTOPIE e-boutique undertakes to reimburse the Customer the amounts paid within a maximum of thirty (30) days after they were deducted.<\/p>\n
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2.2.3. The EUTOPIE e-boutique reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that The EUTOPIE e-boutique has already accepted prior to implementing such amendments.<\/p>\n
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2.3.1. All prices are shown in euros. The applicable prices are those that are shown on the Site at the time at which the Customer places his\/her order, unless a printing error occurs. These prices are inclusive of all taxes in Europe and without taxes outside Europe, but do not include local customs costs in the country of delivery, The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced.<\/p>\n
The prices are subject to French VAT and any change in the legal rate of that VAT will be applied to the price of the Products presented on the Site, on the date stipulated by the application decree governing it. For all deliveries outside, the VAT rules as stated in the French Taxation Code will apply.<\/p>\n
If the Customer uses a bank card associated with an account that is located outside the Euro Zone, particularly in the United Kingdom<\/span>, the Customer’s bank may charge currency exchange fees and bank fees, which will be payable solely by the Customer.<\/p>\n <\/p>\n 2.3.2. The EUTOPIE e-boutique reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that The EUTOPIE e-boutique accepted prior to the implementation of these changes, subject to the availability of the Products ordered.<\/p>\n <\/p>\n By browsing the Site, the Customer can find out about the various Products offered for sale on the day s\/he views the Site.<\/p>\n The Customer is not committed in any way to make an order by browsing the Site.<\/p>\n While browsing the Site, the Customer who wishes to make an order may do so just by clicking on the “Add to shopping bag” icon that is located next to each Product viewed<\/p>\n Once the Customer does this, s\/he will see the number of articles in the basket appear in a box, offering to continue his\/her purchases or to finalize the order.<\/p>\n If the Customer decides to finalize his\/her order, his\/her basket will be displayed on the screen, containing all the items in the order and showing the total amount payable, including shipping costs, the type of Products ordered and their quantity. The Customer can come back to this order, add to it, amend it, or cancel it until it is validated. If the Customer wishes to choose other Products, all s\/he needs to do is click on “Continue shopping”. The Product or Products that s\/he has already selected will remain in his\/her basket.<\/p>\n The Customer is informed that at any time during the ordering process, right up to actual payment of the order under the conditions specified in Article 4, s\/he is able to come back to this order, add to it, amend it, or cancel it until it has been finally validated.<\/p>\n Once the selection of the Products has been completed, the Customer will be able to order them by clicking on the “Shopping bag” icon and then, once the basket is on the screen, by clicking on \u201cProceed to checkout\u201d. Then a new web page will open, inviting the Customer to provide his\/her address details by accurately filling in the form provided. The Customer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his\/her name and e-mail address.<\/p>\n Once the form has been filled in completely, an order summary will display all the information relating to this order, i.e., among others, the type, quantity and price of the Products, the total amount (including shipping costs) of the order, the Customer’s contact details, the delivery address and the billing address will appear on the screen.<\/p>\n The Customer will be invited, after checking the state of his\/her order, to:<\/p>\n – either click on the “Place the order” button to start the payment process for his\/her order, under the conditions of Article 4 of these General Terms and Conditions of Sale;- or click on the “Alter your shopping cart” button to amend the characteristics of his\/her order and\/or his\/her personal details.<\/p>\n By clicking on the “Place order now” button during the order process, the Customer must first familiarise himself\/herself with these General Terms and Conditions of Sale, and then, secondly, tick a box located opposite the message “I accept the Terms and Conditions”<\/p>\n Once these General Terms and Conditions of Sale have been agreed to, and the order has been confirmed, the PAYPAL payment platform web page, devoted to paying for the order, opens up.<\/p>\n The Customer must then pay for his\/her order.<\/p>\n The data recorded by The EUTOPIE e-boutique are proof of all the transactions placed between The EUTOPIE e-boutique and the Customer.<\/p>\n <\/p>\n 3.2.1. Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 below (provision of the bank card number, its expiry date and, if relevant, the security code), a printable and saveable summary of the Customer’s order will be displayed and will show the order’s references.<\/p>\n The Customer is also notified that The EUTOPIE e-boutique will soon send him\/her an e-mail confirming his\/her order. The Customer is deemed to have taken note of this confirmation within fifteen (15) minutes of it being sent by The EUTOPIE e-boutique<\/p>\n This confirmation e-mail sent by The EUTOPIE e-boutique will contain the following details:<\/p>\n – the number of the order determined by The EUTOPIE e-boutique when the order is placed by the Customer;<\/p>\n – the summary of the order (identification of the Product(s) ordered, the quantity, the price);<\/p>\n – the total amount of the order, inclusive of all taxes;<\/p>\n – the shipping charges;<\/p>\n – confirmation of payment;<\/p>\n – the conditions and procedures for the right of withdrawal, in accordance with the provisions of Articles L.121-20 of the French Customer Code;<\/p>\n – the procedures relating to delivery of the Product(s) ordered (expected shipping time – maximum of 30 days from order validation).<\/p>\n <\/p>\n 3.2.2. The EUTOPIE e-boutique retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.<\/p>\n <\/p>\n 3.2.3. In order to protect itself against credit card fraud, The EUTOPIE e-boutique reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity and\/or credit cards …) in order to verify the legitimacy of a suspicious credit card order.<\/p>\n Unless a reply to The EUTOPIE e-boutique’s request for additional information is received within fifteen (15) days of said request, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.<\/p>\n <\/p>\n <\/p>\n In general, The EUTOPIE e-boutique and the Customer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site, especially as concerns the type and date of the order.<\/p>\n The Customer is entitled to access the electronic contract entered into between the Customer and The EUTOPIE e-boutique, if necessary in accordance with the rules of the regular codified law. To do so, s\/he should contact the Customer Service by using the e-mail address : customer@eutopieparfums.com, providing all the required information to do this, particularly the order number and his\/her contact details.<\/p>\n <\/p>\n 4.1. Payment must be made immediately via PAYPAL at the time of the order in Euros.<\/p>\n <\/p>\n 4.2. The EUTOPIE reserves the right to refuse any order or any delivery in the event that the ceilings shown in the foreword hereto are exceeded, or that a dispute exists with the Customer, of if a previous order by the Customer had not been paid or had only partially been paid, or if the banking authorities refuse to authorise the payment by bank card, or if the order had not been paid or had only partially been paid.<\/p>\n <\/p>\n 4.3. The Customer guarantees to The EUTOPIE e-boutique that s\/he has the authorisations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled, and the Customer will be notified by e-mail.<\/p>\n <\/p>\n 4.4. The EUTOPIE e-boutique uses the secure payment platform PAY PAL, which guarantees the Customer that the EUTOPIE e-boutique never has access to the confidential details concerning the method of payment that the Customer uses to pay for his\/her order. Only the PAY PAL platform is in possession of that information.<\/p>\n That is why the Customer will be asked for his\/her bank details each time s\/he makes an order on the Site.<\/p>\n <\/p>\n Once the order has been prepared, it will be sent to the mailing address provided by the Customer when s\/he placed his\/her order.<\/p>\n At any time, the Customer will be able to follow his\/her parcel in the following website : www.colissimo.fr\u00a0by entering his\/her parcel\u2019s number available in the delivery\u2019s confirmation email \u2013 except for samples orders for which no tracking is available.<\/p>\nARTICLE 3: ORDERING<\/h3>\n
3.1. THE ORDERING PROCESS<\/h4>\n
3.2. ORDER CONFIRMATION<\/h4>\n
3.3. PROOF OF THE ORDER:<\/h4>\n
ARTICLE 4: PAYMENT<\/h3>\n
ARTICLE 5: DELIVERY AND RECEIPT:<\/h3>\n
5.1. DELIVERY METHODS:<\/h4>\n