General Terms and Conditions of Sale
Article 1: Definitions
The term “Company” refers to L’ATELIER FRANÇAIS DES MATIERES, a simplified joint stock company with capital of €57,200, whose registered office is located at Archamps Technopole – Batiment Actipro, 219 Rue Laszlo Biro, 74160 ARCHAMPS, registered with the Trade and Companies Register of THONON LES BAIN under number 808 189 542 242 772 001 37.
The term “Website” refers to the website, connected to the internet, whose electronic address is as follows: https://www.lesindemodables-parfums.com/
The term “Products” refers to all LES INDEMODABLES brand perfumery items and accessories offered for sale by the Company via the Website.
The term “Customer” refers to the buyer, whether a natural person or a legal entity, who is not a professional and who acts as a consumer and places an order on the Website.
The term “Parties” or “Party” refers individually to the Company or the Customer and collectively to the Company and the Customer.
Article 2: Purpose of the General Terms and Conditions of Sale
The purpose of these general terms and conditions of sale (hereinafter the “GTC”) is, on the one hand, to inform any potential Customer of the GTC under which the Company sells and delivers the Products ordered and, on the other hand, to define the rights and obligations of the Parties in connection with the online sale of Products by the Company to Customers.
These GTC apply, without restriction or reservation, to all orders, sales, and related services for Products offered by the Company to Customers on the Website.
Consequently, by ordering a Product on the Website, Customers fully and unreservedly accept these GTC, which they acknowledge having read prior to placing their order.
The Website is published by the Company, which is its sole owner.
The Company reserves the right to modify these GTC at any time, however, the GTC applicable to an order placed by a Customer on the Website are those accepted by the Customer at the time of placing the order.
These GTC supplement the terms of use of the Website, which are available at any time in the “Legal Notice” section of the Website and are applicable to Customers.
Article 3: Product Characteristics
The Company operates an online retail business selling Products via the Website, which presents said Products to Customers in a catalog.
In accordance with the provisions of Articles L. 111-1 et seq. of the French Consumer Code, Customers may, prior to placing their order, view the essential characteristics of the Product(s) on the Website.
The offers presented by the Company on its Website are valid while stocks last. For Products not stored in its warehouses, the offers presented by the Company on its Website are valid subject to their availability from suppliers.
The Company may at any time add new Products, remove all or part of the Products sold or presented in the Website catalog, change their presentation, or cease marketing them on its Website, without prejudice to orders placed by the Customer, and without being required to notify the Customer in advance.
If the Product ordered is unavailable, the Company will inform the Customer by email. The order will be automatically canceled and no bank debit will be made.
Article 4: Orders
Any order for a Product offered on the Website implies that the Customer has read and expressly accepted these GTC without reservation, without prejudice to any specific contractual terms agreed between the Parties. Consequently, the Customer acknowledges having read the GTC prior to placing their order.
Orders are placed:
- Online, directly on the Website;
- By telephone on +33 (0)4 50 95 55 46, Monday to Friday from 9am to 12pm and from 2pm to 6pm (French time).
Prior to placing an order, the Customer declares that:
- The purchase of Products on the Website is not directly related to a professional activity and is limited to strictly personal use;
- They have full legal capacity, enabling them to commit to these T&Cs.
Any order that does not comply with the above will be considered fraudulent or presumed to be so, and will therefore be considered by the Company to be null and void.
The Customer undertakes to ensure that the information provided to the Company is complete, accurate, and up to date. In the event of incomplete or inaccurate information, the Company reserves the right to cancel the order and the payment.
The Company reserves the right to refuse or cancel the order if it considers that the Customer is distributing or carrying out an economic activity using the Products ordered, or for any other legitimate reason, in particular in the event of a problem with the availability of the Products or in the event of a problem with the order.
It is specified that the same Customer may only order a maximum of two (2) Products of the same reference per order. In the event of an order for a larger quantity of the same reference, the Company reserves the right to refuse and cancel any order and payment for the order.
All data provided by the Customer and the order confirmation by the latter constitute proof of the transaction.
Once the Customer confirms and validates their order by making payment, they are deemed to have knowingly accepted these GTC, the prices, volumes, and quantities of the Products ordered by them.
A summary of the order confirmation will be sent to the email address provided by the Customer. The Company recommends that the Customer keep the information contained in the order confirmation sent by the Company on paper or in electronic form.
Orders are binding on the Customer as soon as the Company receives the order form duly completed and validated by the Customer through the validation and payment of their order.
However, the order is only placed subject to confirmation by the Company to the Customer by email, repeating all the information provided by the Customer and indicating, where applicable, any difficulties or reservations raised by the order (availability of the Products ordered or chosen payment method, for example).
Once the order has been validated by the Company, no changes can be made.
Article 5: Prices – Invoicing – Payment
5.1 – Prices
The sale prices of the Products on the Website are indicated in euros (€), inclusive of all taxes, unless otherwise stated.
The sale prices of Products on the Website include value added tax (VAT) applicable on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of Products sold by the Company on its Website.
The applicable Product Price is that in effect at the time the Customer places the order. These prices may be modified by the Company at any time.
The sale prices of Products on the Website do not include processing and shipping costs, which are charged in addition to the price of the Products purchased. Shipping costs will be indicated before the Customer places the order, depending on the delivery method chosen by the Customer.
The Website may also offer promotional offers on certain Products during certain specified periods. These offers will be announced on the Website and will be valid during the period indicated and always subject to availability.
In the event of an order to a country other than mainland France, the Customer is considered to be the importer of the Products. Customs duties, local taxes, import duties, or state taxes may be applicable and payable. These duties and taxes, whatever they may be, cannot under any circumstances be borne by the Company. They remain the sole responsibility of the Customer, who assumes full responsibility for both declarations and payment to the relevant authorities and bodies.
5.2 – Payment
Confirmation of the order implies payment by the Customer. Payment for the order must be made online by the Customer when placing the order. Any bank charges (such as exchange fees) remain the responsibility of the Customer, including in the event of a refund.
To pay for their order on the Website, the Customer has the following payment methods available: Credit card via the secure Stripe or PayPal system.
By providing their bank details, the Customer agrees in advance and unconditionally that the Company will proceed with the secure transaction. The Customer therefore authorizes their bank in advance to debit their account based on the records or statements provided by the Company.
Authorization to debit the Customer’s account is always given for the amount of the Product purchased as invoiced by the Company at the time the order is shipped.
The Products remain the property of the Company until full payment of the Product price.
5.3 – Invoicing
An invoice is issued for each delivery and made available to the Customer by email.
Any dispute between the Parties shall in no way constitute grounds for suspending payment of the uncontested portion of the invoice.
Article 6: Delivery
Products ordered by the Customer and confirmed by the Company will be delivered to the address indicated on the order form.
Purchase invoices are sent by email to the email address provided by the Customer when confirming the order on the Website.
Deliveries are made only according to the availability of the Products and in the order in which orders are received.
In the event of a stock shortage for one of the Products ordered, the Company will inform the Customer of the new availability of the Products by email. The Customer may then request subsequent shipment of the item(s) concerned or request a refund of the amount of the Products not delivered due to unavailability.
The delivery times indicated are set in good faith as accurately as possible but are given to the Customer for information purposes only.
The Company will keep the Customer informed, within a reasonable time, of any cases and events of force majeure that may disrupt the delivery process of the Product ordered.
In accordance with legal provisions, in the event of a delay in delivery, the Customer has the option of canceling their order under the terms and conditions of Article L.216-2 of the French Consumer Code.
Delivery is carried out by a carrier. It takes effect at the time the Products are picked up by the carrier. The risks associated with transport are therefore borne by the Customer.
In the event of delivery by a carrier, the Company cannot be held responsible for any delay in delivery. No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the La Poste computer system.
Article 7: Receipt of Products – Warranty
Upon receipt of the Products, the Customer is responsible for immediately checking their conformity and integrity. In general, any reservations or observations noted on the delivery note must be complete and precise.
Once the Product is in the Customer’s possession, and provided that no anomalies have been noted by the Customer, the risks of loss or damage are transferred to the Customer.
The Customer benefits from the legal warranty against hidden defects resulting from Articles 1641 to 1649 of the French Civil Code and the legal warranty of conformity of Articles L.217-4 and seq. of the French Consumer Code.
In the event of an anomaly in the contents of the package (missing Product, damaged Product, etc.), the Customer is invited to report the problem to the Company by any means, within thirty (30) days of the delivery date, indicating the order references (number, date, Product reference, quantity) and the exact reason for the request.
Products must be returned to the Company in their original packaging. Return shipping costs will be covered by the Company. Products must be shipped to the following address: L’ATELIER FRANÇAIS DES MATIERES, Archamps Technopole – Batiment Actipro, 219 Rue Laszlo Biro, 74160 ARCHAMPS.
Any Product return accepted by the Company will result, at the Customer’s discretion, in the replacement or refund of the Products, excluding any compensation or damages. However, if this choice entails a manifestly disproportionate cost for the Company, it may proceed with the option not chosen.
If repair and replacement of the Product are impossible, the Customer may return it and receive a refund of the price of the Product or keep it and receive a partial refund. The same option is available to the Customer if the repair or replacement cannot be carried out within one (1) month of the complaint or if the repair or replacement causes the Customer significant inconvenience.
In the event of a hidden defect in the item sold, the Customer may return the Product and receive a refund or keep it and receive a partial refund.
In the event of a refund, any sums paid in cash will be credited to the card used by the Customer to pay for their order.
Article 8: Right of withdrawal and withdrawal period
In accordance with the provisions of Article L.221-28 of the French Consumer Code, the opening of the Products, due to their definition (*), renders these Products unsuitable for any subsequent sale. Therefore, the Customer has no right of withdrawal and any cosmetic product that has been opened, damaged, or whose original packaging has been unsealed will not be refunded, returned, or exchanged for reasons of hygiene and health protection.
(*N.B: the definition of cosmetic products is common to all Member States of the European Union and is transposed in France in the French Public Health Code in Article L.5131-1, with perfumes being considered as cosmetic products).
Subject to the exceptions defined in Article L.221-28 of the French Consumer Code, and in particular that referred to in the previous paragraph, the Customer has, in accordance with Article L.121-21 of the French Consumer Code, a period of fourteen days from receipt of the Product to exercise their right of withdrawal, without having to justify their reasons or pay a penalty.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
The Customer may exercise their right of withdrawal by sending a written notice by mail to the Company’s address, as indicated in Article 1 herein. The Customer may use the withdrawal form attached hereto.
The Customer must return the Product(s) without undue delay and, at the latest, within fourteen (14) days of communicating their decision to withdraw, to the following address: L’ATELIER FRANÇAIS DES MATIERES, Archamps Technopole – Batiment Actipro, 219 Rue Laszlo Biro, 74160 ARCHAMPS.
The costs of returning the Products shall be borne by the Customer.
The Products concerned must be returned by the Customer complete, in perfect condition and in their original packaging. Any Product showing signs of deterioration, damage or defect attributable to the Customer upon its return may result in the refusal of the right of withdrawal.
The Company reserves the right to refuse any return sent after the legal withdrawal period.
In accordance with the provisions of Article L.221-24 of the French Consumer Code, when the Customer validly exercises their right of withdrawal, the Company undertakes to refund the Customer the total amount paid, within fourteen (14) days from the date on which the Customer informed the Company of their intention to withdraw, provided that the Company has recovered the Product(s) or that the Customer has provided proof of shipment of the said Product.
The refund will be made using the same payment method used for the initial transaction.
Article 9: Retention of title
The Company retains full ownership of the Products sold until full payment has been received, including the principal, costs, taxes, and mandatory contributions.
Article 10: Liability
The Company shall not be held liable for any indirect damages that may arise from the purchase and use of the Products. Similarly, the Company shall not be held liable under the obligations of these GTC in the event of a force majeure event as defined by French courts.
In any event, if the Company is held liable as a result of the non-performance or poor performance of its services, the total compensation shall not, by express agreement, exceed an amount equal to the price of the Product that caused the damage.
The Company cannot be held liable for any inaccuracies, errors, or omissions that may have crept into the description of the Products on the Website. Furthermore, the Company cannot be held liable for typographical errors on the Website beyond its control or for a visual representation of the Product that is not up to date or does not correspond to reality.
Similarly, the photographs and graphics in the digital catalog that illustrate the Products in support of the text are purely indicative and are not contractually binding. They are not binding on the Company, which cannot be held liable for any inaccuracies or errors that may be introduced therein.
More generally, the Company shall not be held liable for:
- interruptions to the Website due to maintenance work, technical failures, force majeure, third parties, or any circumstances beyond its control;
- the temporary inability to access the Website resulting from events beyond the Company’s control, such as, but not limited to, Internet network interruptions or Internet network failures on the part of the Customer.
Article 11: Applicable law and jurisdiction
These GTC are written in French and are subject to French law.
11.1 – Amicable settlement of disputes
Any dispute relating to the existence, interpretation, performance, or breach of the contract between the Parties, even in the event of multiple defendants, shall first be settled amicably.
In the event of persistent disagreement, the Customer may refer the matter free of charge to the competent consumer mediator via the following website: https://www.mediation-vivons-mieux-ensemble.fr/
Before referring the matter to the mediator, the Customer must first have attempted to resolve the dispute directly with the Company by means of a written complaint, in accordance with the terms and conditions set out in the contract.
11.2 – Jurisdiction
In the absence of an amicable resolution or successful mediation, any dispute relating to the existence, interpretation, performance, or breach of the contract between the Parties, even in the event of multiple defendants, shall fall within the exclusive jurisdiction of the courts of the Company’s registered office.
Article 12: Data Protection
The Customer’s personal data is collected by the Company for the purposes of efficient order, delivery, and invoice management, in accordance with the provisions of the French Data Protection Act No. 78-17 of January 6, 1978.
The Customer has the right to access, modify, rectify, and delete personal information collected by the Company concerning him/her at any time. To exercise this right, the Customer may send a letter to the Company at: L’ATELIER FRANÇAIS DES MATIERES, Archamps Technopole – Batiment Actipro, 219 Rue Laszlo Biro, 74160 ARCHAMPS.
In addition, the Company may use the Customer’s personal data to send them commercial offers that may be of interest to them.
Finally, the Company may also be required to transmit personal data communicated by the Customer and concerning him/her to commercial partners for prospecting purposes.
In accordance with the French Data Protection Act, the Customer has the right to object to the transmission of his/her personal data to third parties by ticking the box provided for this purpose online or by sending a letter to the Company.
Article 13: Intellectual Property
The content of the Website is protected by French and international intellectual property laws. The Company is also the owner of the LES INDEMODABLES trademark, which is registered with the National Institute of Industrial Property.
All elements contained on the Website, including photographs, logos, text, slogans, drawings, images, and all works integrated into the Website are the exclusive property of the Company or third parties who have authorized the Company to use them.
Any reproduction, representation, use, or modification, by any means whatsoever and on any medium whatsoever, of all or part of the content of the Website, of all or part of the various works that comprise it, without having obtained the prior authorization of the publication director is strictly prohibited, constitutes an infringement offense, and may result in legal proceedings.
Article 14: Miscellaneous
If any provision of these GTC is held to be invalid or declared void pursuant to a law, regulation, or final court decision, the other provisions and other rights and obligations arising from these GTC shall remain unchanged and shall remain applicable. An invalid or void provision shall be replaced by a legally valid provision whose content is as close as possible to that of the invalid or void provision.
The current version of these GTC is always available online to the Customer.
The GTC, including the appendices and documents referred to therein, represent the entire and sole agreement between the Parties for the transactions to which they relate and shall prevail over all agreements, contracts or statements, written or verbal, concluded or made between the Parties prior to the date hereof and relating to the same subject matter.
In accordance with Article 1112-1 of the French Civil Code, the Parties acknowledge that, in the context of the conclusion of the contract, each Party in possession of information which, to its knowledge, was decisive in the consent of the other Party, undertakes to communicate this information to the other Party prior to the conclusion of the Contract.
The fact that one of the Parties does not invoke a breach of any of the obligations referred to in these GTCs by the other Party shall not be interpreted in the future as a waiver of the right to invoke such total or partial non-performance at a later date.
The headings of the articles of the GTC are intended solely to facilitate reading and shall have no effect on the interpretation of the contract.
The Parties to the contract are independent of each other. Neither Party may make a commitment in the name and on behalf of the other Party.
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of the Company L’ATELIER FRANÇAIS DES MATIERES, Archamps Technopole – Batiment Actipro, 219 Rue Laszlo Biro, 74160 ARCHAMPS.
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Order No.:
Received on:
Customer Name:
Customer Address:
Customer Signature (only if this form is submitted on paper):
Date: