These General Terms of Sale (hereafter referred to as the “Terms of Sale”) are those of ABRIZA, owner of MAISON ABRIZA and ABRIZA trademarks, a French limited liability company “société par actions simplifiée” with a capital of EUR 30,000.00, whose head office is located at 12 boulevard des Capucines Paris 75009. ABRIZA is listed in the Paris Trade and Companies Register under no. B 809 080 419, and exercises its business activities under intra-Community VAT no. FR84809080419.
1 Purpose and Acceptance of the General Terms of Sale
These Terms of Sale are applicable to all online orders placed on the ABRIZA e-commerce website "abriza.fr" (hereafter referred to as the "Website") to purchase perfumery products, candles and decorative items (hereinafter referred to as the "Products") by end consumers who have reached the age of majority and who are located in Metropolitan France or in one of the other geographical areas serviced by ABRIZA (hereafter referred to as the "Customer").
To find out if the desired place of delivery is part of the geographical areas serviced by ABRIZA, please contact ABRIZA Customer Service, using the contact details shown in Clause 17 of the Terms of Sale, and indicating the desired place of delivery. We are currently unable to accept orders shipped to destinations outside of this territory.
These Terms of Sale are intended to define the procedures by which Abriza sells Products online, and to set out the rights and obligations of the Customer in respect of online purchases made through Abriza Website.
ABRIZA sells Products displayed on its Website to retail and end consumers only.
These Terms of Sale are accessible at any time on the Website; the Customer can save them and/or print them before submitting his order.
The Customer hereby acknowledges having read and accepted without limitation or reservation these Terms of Sale before submitting his order by ticking the box provided for this purpose.
Consequently, the confirmation of an order implies the full and unreserved agreement by the Customer to the Terms of Sale.
The Terms of Sale applicable to a sale are those in force at the time of placing the order. Any derogation from the Terms of Sale shall only be valid upon the prior written consent of ABRIZA.
2 Products offered for sale on the Website
2.1 Product Description
In accordance with Article L. 111-1 of the French Consumer Code, the Customer can, prior to placing his order, review the essential characteristics of the Product(s) he wishes to order.
ABRIZA will take all reasonable care with respect to the presentation of Products featured on the Website. However, the photographs and graphics illustrating the Products are only illustrative and variations may occur. In the event of clear differences between the characteristics of the Product and its presentation, ABRIZA shall not in any case be held responsible.
The Customer is invited to consult the Product description on the Website and to contact ABRIZA Customer Service for additional information, if needed.
ABRIZA reserves the right to modify at any time and without prior notice the Products presented on the Website; the terms of sale, noticeably the prices, are those applied at the time of acceptance of the order.
3 Product Availability
Products displayed on this Website are available only whilst stocks last. ABRIZA does not guarantee the availability of Products featured on the Website.
The availability of products on the Website is indicative. It becomes definitive only after confirmation of the order. ABRIZA shall bear no liability in the event of out of stock or unavailability of Products insofar as the customer is advised prior to the delivery of his order.
In the event one or more product becomes unavailable after the order has been placed, the Customer will be informed by e-mail at the e-mail address provided when placing the order, and the payments corresponding to the missing Product(s) will not be debited or – where needed, will be refunded to the Client's bank account or card.
For pre-orders, the Customer will be debited on the day on which the pre-order is placed.
4 Prices Shown on the Website
Prices of Products shown on the Website are in Euros, inclusive of all taxes (taxes applied in the French territory) and exclusive of shipping costs.
Packaging and shipping fees may be subject to surcharges, depending on the order amount, and will be specified to the Customer before the final confirmation of his order.
ABRIZA reserves the right to modify its prices at any time, without any other formality than updating the Website accordingly, knowing that the price invoiced to the Customer is the price shown at the time of submission of the order.
Prices may be changed before final confirmation of the order by the Customer, subject to the conditions defined hereafter. Any order modification made after the price has been changed, will result in the automatic application of new prices.
Payment is due from the moment the order is confirmed. No order can be taken into account unless a full payment is made on the date of submission of the order.
5 Placing an Order
Only Customers who (a) have reached the age of majority (b) have legal capacity and (c) possess a means of payment authorized by the Website may order Products on the Website.
The sale is considered as having been definitively made after the payment has been confirmed by the Customer and the latter has received a confirmation email.
The Customer acknowledges that, unless proven to the contrary, the data recorded on the Website constitute a proof of the entire transaction between the Customer and ABRIZA.
6 Rejection of Orders
ABRIZA shall reserve the right to reject or cancel any order, for a legitimate reason, including but not limited to a difficulty to supply a product, a problem with respect to the understanding of the received order (illegible document ...), a predictable problem concerning the delivery to be made or the abnormality of the order placed on the Website.
In such a case, ABRIZA shall send to the Customer an email using the e-mail address provided by the latter during the order process and shall not debit the due sums or, if necessary, shall refund to the Customer the sums already charged by ABRIZA against the litigious order.
All orders, regardless of their origin, must be paid online, in euros and by the authorized methods of payment proposed on the Website.
The Customer guarantees having the necessary authorizations to use the method of payment chosen at the time of order confirmation. Any payment incident will result in the automatic cancellation of the order and/or the immediate suspension of Product(s) delivery.
8 Product Delivery
8.1 Place of Delivery
Products are delivered to the delivery address provided by the Customer during the order process, at the latest seven (7) days from the date of acceptance of the order by ABRIZA, for deliveries within Metropolitan France. In this regard, it is worth noting that (i) pre-orders will be delivered on the date indicated on the Website, and (ii) Products may be delivered in Metropolitan France and in any other geographical area serviced by ABRIZA.
To find out if the desired place of delivery is part of the areas serviced by ABRIZA, please contact ABRIZA Customer Service at the address specified in clause 17 of the present Terms of Sale. We are currently unable to accept orders shipped to destinations outside of this territory.
For deliveries outside of the territory of Metropolitan France, the delivery time will be indicated in the confirmation email.
ABRIZA shall not be held liable for any damage resulting from an error made by the Customer in the information provided (Product loss, late delivery, etc...).
If on the day of delivery, the Customer is not present at the delivery address provided during the order process, a missed delivery notice will be deposited in his mailbox, advising him to collect the package from the office of the carrier and within the time limit specified in the missed delivery notice. After this period, the parcel/package will be returned to ABRIZA.
The Customer agrees that the delivery is deemed to take place when the package is deposited in the mailbox directly at the Customer’s domicile or in the carrier’s mailbox, the carrier proof of delivery serving as proof.
8.2 Delivery Time and Fees
The delivery time limit and fees depend on the shipping method chosen by the Customer while placing the order.
If the shipment of the Product(s) ordered is delayed beyond the period specified on the Website, ABRIZA shall send an e-mail to the Customer, to the email address indicated while placing the order, to notify him of the consequent extension of the initial delivery date.
ABRIZA shall not be held responsible for any delay in delivery caused by the delivery services.
If the order is not delivered within the maximum period specified in the order confirmation email, the Customer is entitled to cancel the order within a maximum of sixty (60) days beginning with the first day after the end of the delivery period and will be refunded of the payments already effected.
For pre-orders, the delay in delivery begins to run starting the first day of the delivery date specified while placing the pre-order.
9 Product Receipt
It shall be the responsibility of the Customer to inspect the condition of the packaging and conformity of the Product(s) upon receipt of the order.
In case of deterioration of the packaging (tearing or opening etc…) or apparent damage, the customer shall imperatively make the reservations to the carrier or the carrier's office within (48) hours of receiving the order, and contact the ABRIZA Customer Service by using the contact details specified in article 17 of the present Terms of Sale.
ABRIZA may, on a case by case basis, decide to replace the Product(s) or reimburse the Customer, after inspection of the Product(s) (which must be returned to ABRIZA within (14) days after receipt).
In accordance with the provisions of article L. 121-21 of the French Consumer Code, the Customer has a period of fourteen (14) clear days following receipt of the Product to exercise his right of withdrawal without having to give any reason therefor, by contacting ABRIZA Customer Service and clearly expressing his withdrawal decision, or by sending the withdrawal form annexed to these Terms of Sale to ABRIZA Customer Service at the address shown in clause 17 of the present Terms of Sale.
As from the date of notification of his withdrawal decision subject to the conditions described here above, the Customer has an additional period of (14) days to return, at his own expenses and under his responsibility, the Product(s) by post to the above-mentioned address.
To be eligible for refund, the Product(s) must be returned in their original condition and packaging, with a copy of the corresponding invoice.
The Customer shall be aware that for hygiene and sanitary reasons, Products that have been unsealed, opened and/or used by the Customer after delivery, cannot be returned, in accordance with Article L.121-21-8 of the French Consumer Code.
If the above conditions are fulfilled, ABRIZA will reimburse the Customer for the amount he paid in connection with the order of the returned Products, including the cost of standard delivery, to the Customer's bank account used during the order process, within fourteen (14) days from receipt of returned Products by ABRIZA.
In accordance with Article L.221-28 of the French Consumer Code, the above-mentioned right of withdrawal cannot be exercised in respect of goods made to the consumer's specifications or substantially personalized, such as custom-made perfumes.
The Products for sale on ABRIZA Website carry the legal guarantee of conformity for the Customer (Articles L.211-4 and seq. of the French Consumer Code) and the warranty against latent defects of the Products sold (Articles 1641 and seq. of the French Civil Code).
Any request made by the Customer under the legal guarantee of conformity or the warranty against latent defects must be addressed to ABRIZA.
When the Customer acts upon a legal guarantee of conformity, he shall be allowed a period of two (2) years from the delivery of the Product to act.
The Customer shall choose between repair and replacement of the Product, subject to the cost conditions set out in Article L.211-9 of the French Consumer Code.
The Customer is exempted from providing proof of existence of lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
If applicable, the legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to put the warranty into effect against latent defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer has the choice either of returning the product and having the price repaid to him or of keeping the Product and having a part of the price repaid to him, according to Article 1644 of the French Civil Code.
12 Amicable Settlement of disputes
In the event of a dispute between ABRIZA and the Customer, and following an unsuccessful claim submitted in written by the Customer to the Customer Service (to the address indicated in Clause 17 of the present Terms of Sale), or if the Customer Service does not provide an answer within a reasonable period of one (1) month, the Customer, may, within one year from the date of submission of his claim, resort to any alternative method of dispute resolution and in particular to a mediation procedure by contacting the following mediators:
[contact details of the mediator(s) and his/their websites]
or by accessing the European online dispute resolution platform on: http://ec.europa.eu/odr.
This process is free of charge and the Client may, at his own expense, be assisted by a counsel. The client is free to accept or reject the recourse to mediation and, where appropriate, the solution proposed by the mediator.
13 Retention of Title – Transfer of Risk
ABRIZA shall retain full and complete title to the Products sold until payment in full of the price, inclusive of expenses and taxes. All risks connected with the Products shall pass on the Customer, upon delivery. ABRIZA shall remain liable in case of loss, theft, deterioration or destruction during transport.
14 Limitation of Liability
Products offered for sale on the Website are intended for consumers.
ABRIZA shall assume no liability towards the Customer or to any third party, for any indirect loss or damage arising out of or in connection with the Products or their use.
ABRIZA guarantees the compliance of the Products with the French legislations in force but shall bear no liability for non-compliance with the legislations of the country of delivery of the Products.
ABRIZA shall not be held liable for failure to perform the order if this failure is attributed to a force majeure, meaning any disruptions or total or partial strikes by the postal services and transport and/or communication services such as fire, flood etc.
ABRIZA shall not be held liable for any damage of any kind, whether direct or indirect, regardless of its causes or consequences, including loss of profit, loss of clients or loss of data that may arise out of the use of the Products.
15 Intellectual Property
The intellectual property rights associated with the Products sold on the Website are and remain the exclusive property of ABRIZA, with the latter conceding no license or right other than for consultation of the Website and use of the Products.
The trademark "MAISON ABRIZA" and all other trademarks and logos, registered or not registered, appearing on the Site and the domain name abriza.fr are the exclusive property of ABRIZA.
All content available on our Website and each of the elements created for our Website (including texts, audio clips, animations, photographs, videos, illustrations, logos, and more generally any distinguishing mark, etc.) constitute works of the mind protected by the Intellectual Property Code. The Website and the elements created for it are the exclusive property of ABRIZA, which acts as the sole authorized user of the intellectual property rights and related personality rights, including brands, models, copyrights and image rights.
The Website may only be used for personal and private purposes, subject to more restrictive provisions of the Intellectual Property Code.
16 Personal Data and Right of Access
Personal data related to the Customer are necessary for the management of his order and his commercial relationships with ABRIZA. This data can be shared with certain partners in the event of cross-business operations such as the management, performance, processing and payment of orders. These information and data will be stored for security purposes, to comply with legal and regulatory obligations and to improve the commercial relationship, including sending out commercial surveys.
Under France’s Act of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the Customer shall have the right to access, rectify and block personal data relating to him, for legitimate reasons. He may do so by sending a request to this effect in writing by e-mail or by post, indicating his name, surname, e-mail address and postal address at the address specified in clause 17 of the present Terms of Sale.
17 Governing Law – Competent Jurisdictions
These General Terms & Conditions of Sale and the contractual relations between ABRIZA and the Customer with respect to orders placed on ABRIZA Website shall be governed by the French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
18 ABRIZA Customer Service
For any question relating to the purchase and use of Products, request for advice or complaint, the Customer may contact ABRIZA Customer Service:
- By email at email@example.com
- By telephone on 01 43 87 74 69 (cost of a local call) Monday through Saturday, from 10 am to 7 pm
- By mail to the address ABRIZA, 12 boulevard des Capucines 75009 Paris
General Terms & Conditions of Sale updated on 08/09/2017.
19 National Commission on Informatics and Liberty (CNIL)
Maison ABRIZA is listed at the CNIL under No.: 2100924 V 0