These general terms and conditions of sale are entered into between, on the one hand, Soleil d'Or SARL, operating under the name “Parfumerie le Soleil d'Or”, with a share capital of 25. 534 euros, having its registered office at 4 rue Esquermoise in Lille (59000), registered in the Lille Métropole Trade and Companies Register under number 301 921 276, hereinafter referred to as “Le Soleil d' Or”, and, on the other hand, any individual or legal entity wishing to make a purchase via the “parfumeriedusoleildor.com” website, hereinafter referred to as the “Purchaser”.
1_ SUBJECT
These terms and conditions of sale are intended to define the contractual relationship between Le Soleil d'Or and the Buyer, and the conditions applicable to all purchases made through the Le Soleil d'Or website, whether the Buyer is a professional or a consumer. The purchase of a good or service through this site implies unreserved acceptance by the Buyer of these general conditions of sale. These conditions shall prevail over any other general or special conditions not expressly approved by Le Soleil d'Or. Le Soleil d'Or reserves the right to modify these terms and conditions at any time, it being understood that the terms and conditions applicable to the Buyer will be those in force at the date of his/her order on the site.
2_ PRODUCT AND SERVICE FEATURES
The products and services offered are those listed in the catalog published on the Le Soleil d'Or website. Each product or service is accompanied by a description. The photographs in the catalog are as accurate as possible, but cannot ensure perfect similarity with the product or service offered, particularly with regard to colors.
3_ PRODUCT UNAVAILABILITY
Products are offered while stocks last.
Should a product ordered be unavailable, Le Soleil d'Or will inform the Buyer by e-mail. Le Soleil d'Or will then inform the Buyer of the new delivery date, if this is more than 21 days from the date of the order. In the event of such unavailability, the Buyer has the option of maintaining or cancelling the order within 72 hours of receipt of the e-mail. In the absence of a reply within the aforementioned period, the order will be deemed to have been maintained. If the order is cancelled, the price will be refunded to the Buyer.
3_ MYSTERY BOX
Le Soleil d'Or offers for sale on its e-commerce site an item entitled “Mystery Box”, corresponding to several product samples selected by Le Soleil d'Or based on the Buyer's answers to an online personality questionnaire, which the Buyer will discover upon receipt of the package. The Buyer may not claim compensation or reimbursement from Le Soleil d'Or on the grounds that the samples do not meet his/her expectations.
The Buyer will receive a voucher for the purchase price of the “Box Mystère”, which can be used to purchase a perfume on the Le Soleil d'Or website for a period of one year from the date of dispatch. Use of this voucher is strictly personal. It cannot be transferred to a third party.
4_ PRICE
The prices shown in the catalog are inclusive of VAT in euros, applicable on the date of the order. Any change in the rate may be reflected in the price of the products. Prices do not include delivery charges, which will be specified later in the order process. Le Soleil d'Or reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the Buyer.
The prices indicated include the cost of processing the order. The sale price is due and payable as soon as the order is placed.
Orders may be paid for by the following methods:
- By credit card: Carte Bleue, e-carte bleue, Visa, Mastercard. Your account will be debited when the order is validated.
- With your Paypal account: by choosing payment via PayPal, you will automatically be directed to your PayPal account. Once the Paypal payment has been validated, you can complete your order on the Le Soleil d'Or website.
- Payment in 4 instalments free of charge via Paypal: for information on the instalment facility offered by Paypal, please visit their website by clicking on this link: https://www.paypal.com/fr/webapps/mpp/4x#A3 ;
- By bank transfer : within 30 days of placing the order, indicating the order reference in the wording of the transfer and sending it to the Le Soleil d'Or bank account given in the order confirmation e-mail. Goods will be dispatched on receipt of the bank transfer;
- By cheque payable to “Parfumerie du Soleil d'Or” within 30 days of the order date, indicating the order reference on the back of the cheque, accompanied by a copy of the Purchaser's ID and sent to the following address: Parfumerie du Soleil d'Or, Service Internet, 4 rue Esquermoise, 59000 LILLE, France. Goods will be dispatched on receipt of the cheque.
Exceptionally, the price of treatment services booked on the Soleil d'Or website is payable on the day of the service.
The banking transaction is secure, and in no way does Le Soleil d'Or retain any banking information about the Buyer.
The Buyer guarantees Le Soleil d'Or that he/she has the necessary authorisation to use the method of payment he/she has chosen. Le Soleil d'Or reserves the right to suspend the execution of an order or to cancel it in the event that the bank holding the Buyer's bank account refuses to validate or execute the payment corresponding to this order, or if the order proves to be or is suspected of being fraudulent. Soleil d'Or assumes no costs attributable to the monetary transaction.
An invoice showing VAT will be sent by email by Le Soleil d'Or to the Buyer.
5_ ORDER PROCESS
The Buyer wishing to purchase a product must first create a customer account on the site and fill in the required identification data.
They must then :
- Confirm your order after checking your basket;
- enter your delivery and billing address;
- choose how you wish to receive your goods (collection/delivery);
- choose your payment method;
- confirm your order and payment.
Le Soleil d'Or will immediately send the Purchaser confirmation of the order by e-mail. All data supplied and the recorded confirmation shall constitute proof of the transaction. It is the sole responsibility of the Buyer to ensure the accuracy of the information provided.
Soleil d'Or will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the French Civil Code. The computerized registers of Le Soleil d'Or's e-commerce site will be considered by the parties as proof of communications, orders, payments and transactions between them.
It is the Buyer's responsibility to retain the order number given to him/her by Le Soleil d'Or, which will be requested, in particular, for any subsequent claim.
Le Soleil d'Or reserves the right to refuse any order of an abnormal nature, particularly with regard to the quantities ordered.
6_ DELIVERY
Deliveries are made to the address indicated by the Buyer at the time of ordering.
Delivery charges, according to the geographical zone concerned, are available from this link: https://parfumeriedusoleildor.com/gb/content/1-delivery.
The indicative delivery time for products is specified when the order is placed. Delivery is only possible from receipt of full payment for the order. If the delivery time exceeds 30 days, the Buyer may choose to cancel the contract and will be reimbursed for the price of the order, including delivery costs. Soleil d'Or will inform the Buyer by e-mail when the order has been dispatched.
Upon receipt of the products, it is the responsibility of the Buyer to check the condition and quantities of the order delivered and to verify the contents of the package with the carrier before signing the delivery note. In the event of damage or missing products, the Buyer must make precise reservations on the delivery note and refuse delivery of the package. The Buyer shall inform Le Soleil d'Or by e-mail at the following address: https://parfumeriedusoleildor.com/gb/contact-us , quoting the order number, within 3 working days of delivery.
In the absence of any reservations, or in the event of insufficient reservations, Le Soleil d'Or reserves the right to refuse to take back, exchange or reimburse the product(s). Once the Buyer has signed the delivery note without any specific reservations, the carrier and Le Soleil d'Or shall not be held liable for any damage caused during delivery.
7_ CANCELLATION
The non-professional Buyer has a fourteen-day cooling-off period from receipt of the product to return the product to the Vendor for exchange or reimbursement, without having to give reasons or bear any costs other than the cost of return, on condition that the product has not been used or opened.
The Buyer shall inform Le Soleil d'Or of his or her decision to withdraw from the contract by sending the withdrawal form provided in the Appendix, or by any unambiguous electronic mail to the following e-mail/postal address, before the deadline expires: https://parfumeriedusoleildor.com/gb/contact-us / Parfumerie du Soleil d'Or, Service Internet, 4 rue Esquermoise, 59000 LILLE and specifying the order number.
In the event of a right of retraction exercised once the order has been delivered or picked up in store, the following procedure must be followed for the return of the order:
The returned product should be sent to the following address: Parfumerie du Soleil d'Or, Service Internet, 4 rue Esquermoise, 59000 LILLE;
Packaging, caulking and the cost of returning the product are the responsibility of the Purchaser.
Products must be returned in perfect condition and in their original packaging. The Buyer is advised to return the product by registered or recorded delivery, with a declared value corresponding to the price of the returned product, and to insure the returned product to cover the risks of loss or deterioration of the product.
Subject to the returned product being in perfect condition, Le Soleil d'Or will reimburse all sums paid, including delivery costs, using the same means of payment as that used by the Buyer to pay for the order, unless the Buyer expressly agrees to use another means of payment.
The present article also applies to the professional Buyer, when the object of the order does not fall within the scope of his main activity and when the number of employees is less than or equal to five (5).
8_ GUARANTEE
All products supplied by Le Soleil d'Or are covered by the legal warranty for hidden defects stipulated in articles 1641 et seq. of the French Civil Code. The Buyer has a period of 2 years from the date of discovery of the defect to invoke the warranty for hidden defects.
To benefit from the warranty for hidden defects, the Buyer must prove that the defect was not apparent, existed at the time of purchase and renders the product unfit for the use for which it was intended, or significantly diminishes this use.
If such proof is provided, the Buyer may choose between rescission of the sale or a reduction in the purchase price.
In addition, the Buyer benefits from the product conformity warranty provided for in articles L.217-3 et seq. of the French Consumer Code.
As part of his legal warranty of conformity, the Buyer :
has two years from the date of delivery of the goods to take action;
may choose between repairing or replacing the good, or, failing this, is entitled to a price reduction or rescission of the contract, under the conditions set out in articles L. 217-8 et seq. of the French Consumer Code;
is exempted from proving the existence of a lack of conformity for a period of twenty-four months following receipt of the goods.
All claims must be made by post to the following address: Parfumerie du Soleil d'Or, Service Internet, 4 rue Esquermoise, 59000 LILLE, specifying the order number.
9_ RESPONSIBILITY
In the online sales process, Soleil d'Or is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service, or other involuntary problems.
Soleil d'Or may exonerate itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Buyer, or 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 French Civil Code.
For professional Buyers, Soleil d'Or cannot be held responsible for indirect damage or loss, such as loss of profit or anticipated savings, loss of revenue, loss of customers, loss of data or files, or damage to brand image. The total amount of the sums that could be charged to Le Soleil d'Or if its liability were to be engaged for any reason whatsoever will be limited to the sums actually paid by the Professional Buyer.
10_ INTELLECTUAL PROPERTY
All elements of the Le Soleil d'Or e-commerce site are and remain the exclusive intellectual property of Le Soleil d'Or or its partners.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of Le Soleil d'Or.
Le Soleil d'Or is also the owner of the French trademark “SOLEIL D'OR” registered with the INPI. Consequently, the Buyer is hereby informed that any reproduction and/or imitation of these trademarks, without the express prior authorization of Le Soleil d'Or, constitutes an act of counterfeiting for which the Buyer shall be held liable.
11_ TAXES OUTSIDE EUROPEAN UNION
Orders shipped and invoiced outside the European Union are subject to deduction of French VAT. Postal services automatically declare shipments to customs, which may result in taxation of products once they have arrived in the destination country. These taxes are the responsibility of the Buyer. The taxation of the parcel is in no case a reason to return the parcel. If the parcel is refused and returned to Le Soleil d'Or, the order will be reimbursed, minus the initial shipping costs, whether these were offered or not.
12_ APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by French law.
Furthermore, the language of these terms and conditions is French. Therefore, in the event that the general terms and conditions are translated into other languages, only the French version shall be deemed authentic.
In the event of a dispute arising between the parties as a result of the performance or interpretation of the present terms and conditions, the parties agree, prior to any legal action, that any claim will be subject to prior formal notice by registered letter with acknowledgement of receipt.
The parties will endeavour to find an amicable solution to the dispute.
If the parties have not reached an amicable resolution to the dispute within thirty (30) days of the dispatch of the letter referred to in the previous paragraph, any party may initiate any useful procedure.
The non-professional Buyer has the right to have recourse, free of charge (excluding any legal or expert fees), to a consumer mediator, with a view to amicably resolving the dispute with Le Soleil d'Or.
In accordance with article L. 612-1 of the French Consumer Code: “All consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional”.
Disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional.