General terms of sale

PURPOSE

These general terms and conditions of use and sale are intended to define the rights and obligations of MAISON CRIVELLI, on the one hand, and on the other, consumers and non-professional buyers (hereinafter referred to as the “Customer”) wishing to purchase the products offered for sale by MAISON CRIVELLI on its Website, www.maisoncrivelli.com (hereinafter referred to as the “Website”).

They constitute the sole basis of the commercial relationship between the company MAISON CRIVELLI, a simplified joint-stock company with a sole partner, whose registered office is located at 280 Rue Saint-Honoré in Paris (75001), SIREN NR. 833 175 029 RCS Paris, registered for VAT under the number FR 96833175029 (hereinafter referred to as “MAISON CRIVELLI”) and the Customer (MAISON CRIVELLI and the Customer may be jointly designated “the Parties”).

The Customer recognises having the legal capacity required to contract and acquire the Products offered for sale on the Website.

On the Website, MAISON CRIVELLI allows the Customer to place online orders for MAISON CRIVELLI brand products (hereinafter referred to as “the Product(s)”) as per these general terms and conditions of use and sale (hereinafter referred to as the “GTC”).

The Customer declares (i) that they have read these GTC and the general terms and conditions of use of the Website and (ii) that they have accepted them by ticking the box provided for this purpose on the order summary page and prior to confirmation of the said online order.

Any order placed with MAISON CRIVELLI therefore entails the Customer’s acceptance without reservation or restriction of these GTC.

These GTC can be modified at any time and without notice by MAISON CRIVELLI, and the applicable GTC shall be those in force on the date of the Customer’s order.

Where necessary, these GTC shall prevail over any other version or any other contractual document.

2. PRODUCT CHARACTERISTICS

The Products offered for sale are “eau de parfum” products available in the formats of 100 ml, 30 ml or sample gift boxes.
The main characteristics of the Products and. in particular, the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website www.maisoncrivelli.com.
The Customer is responsible for acquainting themselves with this information prior to placing any order.
The Products offered for sale by MAISON CRIVELLI on the Website are in accordance with applicable standards in France.
The Customer is hereby informed that, owing to the particularities of their Internet browser and depending on the screen used, colour variations may exist between the photos on the Website representing the Products and the products delivered to the Customer. MAISON CRIVELLI cannot be held liable for these visual differences, which do not affect the Products’ essential characteristics.

3. ACCOUNT CREATION

Creating an account on the Website is compulsory to benefit from all private offers, private sales or other commercial operations reserved for the Website’s customers.
By creating their account, the Customer accepts our data protection policy, as set out in Article 11 of these GTC and declares that all the information provided is true and accurate. This information is: surname, first name, postcode, email, telephone number, etc.)

3.3. Creating an Account:

1. Visit www.maisoncrivelli.com
2. Click on the Account icon at the top right of your screen.
3. Click on “Register” and complete all compulsory fields.
4. Click on “Save”.

3.4. Logging into Your Account:

1. Visit www.maisoncrivelli.com
2. Click on the Account icon at the top right of your screen.
3. Enter your username and password.
4. Click on “Log in”.

3.5. Recovering your Password If You Have Forgotten It:

1. Visit www.maisoncrivelli.com
2. Click on the Account icon at the top right of your screen.
3. Complete your username.
4. Click on “Forgotten password”
5. Complete your email address.
6. Click on “Reset password”.

Changing Your Password

1. Connect to your account by following the steps defined in 3.4
2. Go to the “Account Details” tab.
3. Enter your new password and your existing password in the “Change password” section.
4. Click on “Save changes”

Changing All Information Related to Your Account

1. Connect to your account by following the steps defined in 3.4
2. Go to the “Account Details” tab.
3. Enter your new password and your existing password in the “Change password” section.
4. Click on “Save changes”

Customers are informed that their login and password are personal and confidential, and as such commits to keep this password secret and not to disclose it to a third party for any reason whatsoever.

The Customer is liable for consequences arising from the transfer of false or inaccurate information or whose recovery is illegal.

4. ORDER

4.1 Order Placement

The ordering process includes the following steps that the Customer is invited to follow by completing and verifying the information required for each of them:
– On the page relating to each perfume, choose a size and click on “Add to basket”
– Add products within the authorised limit (maximum of 6 units per perfume)
– When the selection process is complete, click on the Basket icon, which is found at the top left of the page, then click on “Confirm order”
– Connect to your account or complete the requested information
– Choose a payment method
– Confirm your order

4.2 Order Confirmation

The Customer has the opportunity to verify the order details, the total price and to correct any errors before confirming the order.
The Customer will receive an order confirmation email, summarising the breakdown of the items ordered.
No order will be considered until receipt of the payment of the entire amount owed by the Customer.
The Customer can track the progress of their order on the Website in the “My account > orders” section.

4.3. Product Availability

The Products presented on the www.maisoncrivelli.com website are offered for sale in the following territories: France, European Union.

The Product offers are valid so long as they are visible on the Website, while supplies last. MAISON CRIVELLI shall inform the Customer of the availability of the Products sold on the Website at the time of confirmation of the order.

MAISON CRIVELLI reserves the right to cancel or refuse an order in cases of suspicion of fraud or litigation with the Customer regarding the payment of a previous order.

If, in spite of the vigilance of MAISON CRIVELLI, the Products ordered are unavailable, MAISON CRIVELLI will inform the Customer by email as soon as possible. The Customer’s order will then be cancelled. The Customer will be refunded for sums already paid within thirty (30) working days of the date on which the Customer was informed of the cancellation of their order by MAISON CRIVELLI, according to the same payment method used for the order.

4.4. MAISON CRIVELLI is not mandated to sell the Products on the www.maisoncrivelli.com website to professionals, but only to consumers or non-professionals, for their personal needs.

MAISON CRIVELLI therefore reserves the right to refuse orders for the same product in large quantities and with more than 5 identical items.

5. PRICES

The Products are billed based on the rates in force on the Website at the time of order placement.

The Product prices displayed on the Website are labelled in euros, all taxes included. They do not include shipping, transport and delivery charges and any applicable discounts.

Shipping, transport and delivery charges are indicated in the Customer’s basket before the order’s final confirmation.

Customs duties, local taxes, import duties or similar levies may be payable. They will be payable by and the sole responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount of the order, including the shipping, transportation and delivery charges referred to in paragraph 3 of this Article.

MAISON CRIVELLI reserves the right to modify the Product prices at any time, without such modification affecting a pre-confirmed order.

6. PAYMENT

The total amount of the order must be paid in full on the day the order is placed by the Customer.

The amount paid by the Customer cannot in any way constitute a deposit.

The Customer shall settle the amount in any of the following ways:
– By bank card (Visa, Eurocard/Mastercard, other “Cartes Bleues”). Transactions made on the Website are entrusted to our secure online payment provider. The payment details of the Customer’s bank card are protected and encrypted by our service provider.
– By PayPal account

By clicking “Pay”, the Customer confirms either that the bank card belongs to him or her, or that he or she is the holder of a PayPal account.
No cash on delivery shall be accepted for any reason whatsoever.

7. DELIVERY

MAISON CRIVELLI delivers its products in France and in the European Union, with the following carriers:
– For France: Colissimo
– For Europe and internationally: Colissimo or Fedex

The Products are shipped with the delivery slip to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. Delivery times indicated on the Website are for information purposes only.
MAISON CRIVELLI undertakes to make its best efforts to deliver the Products ordered by the Customer within the time indicated, after validation of the order and subject to the payment of the latter.

MAISON CRIVELLI undertakes to inform the Customer by email of the progress of the processing of their order.

It is the Customer’s responsibility to check the compliance of the delivery with respect to their order and to report any error without delay. The Customer is also required to check the condition of the Products delivered.

In the event of a package presenting any defects (missing product compared to the order form, damaged or open parcel, etc.), it is the Customer’s responsibility to advise in writing the carrier and MAISON CRIVELLI (eshop@maisoncrivelli.com) on the delivery day of the parcel, with the corresponding supporting documents (photographs in particular).

The Customer must return the Product(s) concerned by following the product return procedure described in Article 10.2.

Once MAISON CRIVELLI has verified and confirmed the defect, the Customer will be refunded the amount of their order (price of products and shipping, transport and delivery costs referred to in Article 5, paragraph 3 of these GTC). The refund will be made using the same payment method used by the Customer for the initial transaction.

MAISON CRIVELLI shall not be held liable for any consequences occurring due to a late delivery for which it is not responsible.

8. PROPERTY TRANSFER

MAISON CRIVELLI retains ownership of the Products until full payment of the order (price of the Products and related fees) by the Customer.

9. RIGHT OF WITHDRAWAL

Pursuant to the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days as from receipt of the Product (s) to exercise their right of withdrawal with MAISON CRIVELLI, without having to justify reasons for doing so.

To exercise their right of withdrawal, the Customer must notify MAISON CRIVELLI of their decision to withdraw by using the withdrawal form available in Schedule II below these GTC, sent by email to eshop@maisoncrivelli.com

The Customer will receive an email acknowledging their decision to withdraw as soon as possible.

The Products must be returned by the Customer no later than fourteen (14) days following their decision to withdraw. It is imperative that the Customer comply with the conditions and the procedure for return of the Products described in paragraphs 10.1 and 10.2 below.

10. RETURN, EXCHANGE AND REFUND
10.1 Product Return Conditions
The Customer must return the Product in the same conditions as those in which he received it.
The Products must be returned in their original packaging unsealed with the protective plastic film intact. The Products cannot have been tried and must be in brand new condition, unopened, unused, unspoiled, clean and untested.
To ensure the maximum protection of items, Products must be repositioned in the original package, resistant to different transport tests.
MAISON CRIVELLI reserves the right to refuse the return if the returned Product is unfit for its release on the market in new condition (Product returned incomplete, ruined or damaged, for example).
10.2 Product Return or Exchange Procedure
The perfumes returned must be sent in brand new condition, unused and unopened, and in their original packaging.
Contact us at eshop@maisoncrivelli.com stating your order number and your decision to return the products. Include the delivery slip, precisely specify the products that are returned and the requested transaction (exchange or refund). Pack the products carefully and add the delivery slip before closing the shipping package.
Send the package back to the following address:
Maison Crivelli – Service des Retours
280 rue Saint Honoré 75001 Paris
10.3 Refund
Pursuant to the provisions of Article L. 221-24 of the French Consumer Code, MAISON CRIVELLI undertakes to refund the Customer within fourteen (14) days from the date on which it was informed of the Customer’s decision to withdraw. However, in the absence of receipt of the Products concerned or proof of shipment of said Products within this period, MAISON CRIVELLI reserves the right to defer refund until the day the Products concerned are recovered or until the Customer has provided proof of shipment.
The refund is made using the same payment method used by the Customer for the initial transaction.

If the Customer has paid for his order using two payment methods, including a voucher, the refund will be prorated for each payment method, which means that the Customer will necessarily receive a portion of the refund by means of a voucher.

11. GUARANTEES AND RESPONSIBILITIES

The Products provided by MAISON CRIVELLI, irrespective of the right to withdraw, shall be automatically covered by:

The legal guarantee of conformity (set out in Articles L. 217-4 to L. 217-13 of the French Consumer Code).

The legal guarantee against hidden defects (set out in Articles 1641 to 1648 and 2232 of the French Civil Code).

under the conditions and according to the methods provided for in the box below and in Appendix I of these GTC.

Within the framework of the legal guarantee of conformity, we hereby remind Customers that they:

– Are entitled to a period of two years as from the issuance of the good to take action.
– May choose between repair or replacement of the Product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.
– Are exempt from providing proof of the Product’s defect of conformity during the six months following the delivery of the Product. This period is extended to twenty-four months as from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies irrespective of any commercial guarantee that may be granted.

The Customer may decide to implement the guarantee against hidden Product defects within the meaning of Article 1641 of the French Civil Code. In this case, they can choose between the resolution of the sale or a reduction of the selling price pursuant to Article 1644 of the French Civil Code.

The Customer acknowledges and agrees that the prices of the Products may vary between the Website and the stores, and that under no circumstances can this difference in price justify a request for a refund, in whole or in part, of the Products purchased either on the Website or in stores, apart from the exercise of their right of withdrawal under the conditions set out in Article 8 of these GTC.

MAISON CRIVELLI’s cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

12. INTELLECTUAL PROPERTY

The content of the Website is the exclusive property of MAISON CRIVELLI.

Under no circumstance shall the Customer be allowed to download or modify all or part of the Website and, in particular, its content (products listed, descriptions, images, videos, etc.).

Under no circumstance shall the Website or any part of the Website be reproduced, copied, sold or operated for commercial or professional reasons without the express written authorisation of MAISON CRIVELLI.

As a general rule, MAISON CRIVELLI retains ownership of all intellectual property rights related to the photographs, presentations, brands, bottles, packaging and other distinctive signs appearing on the Website. The Customer is therefore prohibited from reproducing or using any of the aforementioned rights and elements, without the express, prior written authorisation of MAISON CRIVELLI, which may make it conditional on financial compensation.

13. PERSONAL DATA

The Customer is hereby advised and agrees that their personal data may be collected on the Website and used by MAISON CRIVELLI, who acts as the data controller as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter referred to as “General Data Protection Regulation” or “GDPR”).

The data collected are as follows:

Collected Data Purpose of Processing Legal Basis Retention Period Data Recipient
Surname, first name, delivery address, billing address, telephone, language Management of orders of products or services Contract 36 months Service providers, sub-contractor, accounting department
Email Account use Contract 36 months Maison Crivelli
Email, birthday Service personalisation (emails, product recommendation on our website, etc.) Contract 36 months Maison Crivelli
Email, telephone Delivery of messages by email or SMS (electronic sales prospecting) Consent 36 months Maison Crivelli
Email Targeted public/public profiling Consent 36 months Maison Crivelli, Service Providers
Email Fraud prevention Legitimate interest 36 months

Data are not transferred outside of the European Union.

MAISON CRIVELLI uses tracing technologies, specifically cookies, to improve the Website and adapt it to the Customer’s needs.

MAISON CRIVELLI commits to only using Customers’ confidential information as part of the operation of its Website.

Pursuant to the provisions of the Law of 6 January 1978 called “Informatique et Libertés”, amended by Law nr. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Customer has a right of access, correction, deletion, limitation, opposition and portability of personal data concerning the Customer contained in the files of MAISON CRIVELLI.

The Customer is also entitled to file a complaint with the CNIL (the French National Commission for Information Technology and Civil Liberties), specifically on its website (www.cnil.fr).

For any information or complaint relating to data processing, the Customer can contact MAISON CRIVELLI by email at eshop@maisoncrivelli.com or by postal mail at the following address: MAISON CRIVELLI 280 Rue Saint Honoré 75001 Paris.

Maison Crivelli undertake to reply Customers’ questions related to the protection of personal data within a raisonnable period of time.

14. FORCE MAJEURE

The Parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described in these GTC, results from a force majeure event as defined in Article 1218 of the French Civil Code.

The party acknowledging the force majeure event shall, without delay and in writing, inform the other party of its inability to fulfil its obligation and justify it to the other party.

The performance of these GTC will be suspended so long as the force majeure event persists. The suspension of the obligations shall under no circumstance give rise to liability nor incur the payment of damages, interest or delay-related penalties. MAISON CRIVELLI will nevertheless endeavour, to the fullest extent possible, to put a stop to the force majeure or act of God event or to find a solution enabling it to perform its contractual obligations.

If the force majeure or act of God event is final or exceeds a duration of [sixty] (60) days, these GTC will be purely and simply rescinded as a matter of right. Where applicable, the sums paid by the Customer for their order will be refunded.

15. GENERAL PROVISIONS

15.1. Severability of Provisions

Should any of the provisions in these GTC be declared void or unenforceable by a court having jurisdiction, then the provision(s) will be declared unwritten and will not result in the nullity of the other provisions. These GTC will nevertheless continue to govern the commercial relationship.

15.2. Changes and Modifications to the GTC

These GTC may be modified at any time and without any prior notice by MAISON CRIVELLI, with the applicable conditions being those in force at the time of the Customer’s order.

15.3. Applicable Law – Language

These GTC and their resulting transactions are governed by and subject to French law.

These GTC are written in French. If they are translated into another language, only the French text will prevail in the event of dispute.

15.4. Disputes

In the event of any dispute, attempts must be made to reach an amicable settlement.

The request for amicable settlement must be made by email to: eshop@maisoncrivelli.com

In the event of dispute, the Customer is hereby advised that they are able to have recourse to the procedure of consumer mediation under the conditions set out in Title I of Book VI of the French Consumer Code and, specifically, with [name and details of the chosen mediator].

Pursuant to Article 14 of Regulation (EU) Nr. 524/2013, the Customer is also hereby advised that the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent settlement of disputes online by way of extrajudicial action between consumers and professionals in the European Union: https://webgate.ec.europa.eu/odr/

Disputes which cannot be resolved by amicable agreement will be brought before the competent French courts.

SCHEDULE I – PROVISIONS RELATING TO THE LEGAL GUARANTEES

Legal Guarantee of Conformity

Article L 217-4 of the French Consumer Code

The seller delivers a good in compliance with the contract and responds to the existing defects related to conformity at the time of delivery.

It also responds to any lack of compliance resulting from the packaging, assembly instructions or installation when the aforementioned is its contractual responsibility or was carried out under its responsibility.

Article L 217-5 of the French Consumer Code

The good is in accordance with the contract:
1° If it is fit for the customary use of a similar good and, where applicable:
– If it corresponds to the description given by the seller and possesses the qualities that it has presented to the buyer in the form of a sample or a model.
– If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in terms of advertising or labelling.
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, made known to the seller and that the latter has accepted.

Article L 217-12 of the French Consumer Code

The action resulting from the defect of conformity lapses after two years from the date of delivery of the good.

Warranty Against Hidden Defects

Article 1641 of the French Civil Code

The seller is bound to the warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648, Paragraph 1 of the French Civil Code

The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.

SCHEDULE 2 – WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
Attention of MAISON CRIVELLI 280 Rue Saint Honoré 75001 Paris or eshop@maisoncrivelli.com 

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the good (*)/for the provision of services (*) below:
Order placed on (*)/received on (*):
Name of the consumer(s):
Address of the consumers(s):
Signature of the consumer(s) (only in the event of paper notice of this form):
Date:
(*) Cross out the unnecessary elements.