Terms and Conditions
DEFINITION OF PARTIES
Between the Society A History Of Oud represented by Mr Thomas JARDIN
registered in the Trade and Companies Register, under number SIRET 899 613 129 000 19, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the "contact" page of the site.
Hereinafter the "Seller" or the "Company" on the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereafter, "the Buyer", or "the Customer " on the other hand.
Site hosted by the Wix platform.
The Seller markets perfume oils through its website. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 - OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: https://unehistoiredeoud.com . The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICE
The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
VAT is not applicable in accordance with article 293 b of the CGI.
ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller agrees to honor the Customer's order within the limits of available stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products' offer and their prices are specified on the product sales pages, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. Refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 - CLAUSE OF RESERVE OF PROPERTY
The products remain the property of the Company until the full payment of the price.
ARTICLE 7 - TERMS OF DELIVERY
The products are delivered to the delivery address which was indicated during the order and the time indicated. This time does not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times routed according to different methods. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 - PAYMENT
Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card or Paypal. Online payment by credit card is secure. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
ARTICLE 10 - WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. “The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Returns of products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
ARTICLE 11 - GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed. The refund request must be made by contacting the Seller by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the provisions aforementioned. apparently defective or not corresponding – that it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
ARTICLE 12 - CLAIMS
If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter.
ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 - FORCE MAJEURE
The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 - NULLITY AND AMENDMENT OF THE CONTRACT
Should any of the provisions of this Agreement be canceled, such nullity shall not result in the invalidity of any other provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.
ARTICLE 16 - GDPR AND PROTECTION OF PERSONAL DATA
In accordance with the European regulations on the protection of personal data, you have the rights to query, access, modify, oppose and rectify the personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of this contract.
ARTICLE 17 - APPLICABLE LAW
All the clauses in these general conditions of sale, as well as all the buying and selling transactions referred to herein, will be subject to French law.