GENERAL TERMS AND CONDITIONS (GTC) ISSUED AND AMENDED ON 16.11.18
France Diffusion Parfums SAS, a company having a capital of 7500 euros, with its registered seat at 9 avenue du Prado 13008 Marseille, registered with the RCS of Marseille under number 417 878 527 00015, engages in retail commercial activities on its website selling mail order selective perfume cosmetics, according to the distribution agreements made with its suppliers.
The Website www.incenza.com (hereinafter the Website), gives Users and Buyers (hereinafter Users and Buyers) access to information on the Products made by manufacturers listed in its online catalog, as well as to its online ordering and payment system, providing that Users abide by these General Terms and Conditions.
Any order placed through the Website presupposes having read and expressly agreed to these General Terms and Conditions.
Any order having characteristics of a professional or for resale order will be considered null and void.
The Company France Diffusion Parfums will hereinafter be referred to as “FDP” or “the Company”.
Before placing an order, any person visiting the Website will hereinafter be referred to as “the User”.
Any person having placed an order, after payment confirmation, will hereinafter be referred to as “the Buyer”.
The Website will hereinafter be referred to as “incenza.com” or “the Website”.
The General Terms and Conditions will hereinafter be referred to as “GTC”.
Article 1 : Object
These General Terms and Conditions have the following objects :
- Inform the User of the terms and conditions under which the company FDP sells its selective perfume cosmetics,
- Define the relations entered into on the Website,
- Define the rights and duties of the Company operating the Website, as well as those of the User, proceeding from the online selling and buying of the Products offered on the website.
These General Terms and Conditions will apply over any other document.
Any order placed through the Website presupposes having read and expressly agreed to these General Terms and Conditions.
The company FDP reserves the right to modify these General Terms and Conditions at any time, for instance so that they comply with the applicable laws and regulations.
Article 2 : Contents and characteristics of the offer
2.1. Characteristics of the Products for sale
FDP supplies its Products from manufacturers who have expressly agreed to be listed on the website. FDP reserves the right, at any time, to add new Products, to delete part or all of the products sold or listed on the website, to change the way it presents them or stop selling them on the website, with no obligation of giving prior notice to the User.
The User can acquire one or several products listed on the website, with the limitation that their use must be private and personal only.
In compliance with article L. 111-1 of the consumer code, the Website gives the User access to the essential characteristics of the Product(s), that they can refer to before making the purchase. Small variations in the presentation of the Products, such as changes in the lettering or packaging of a product, with no impact on their organoleptic qualities, their volume, their content, their concentration, their price or any other essential characteristics, can not be considered a valid reason to return the product.
FDP can not guarantee that the information written on the product packaging or listed in the products description is available in foreign languages. The information is available in French.
The User can address any question related to the products and their use, or to buying advice, to our beauty expertise customer service, by phone from France at the number 04 91 71 67 54, during the opening hours listed under “Contact us” on the Website.
The Buyer can also go to the shop 99 avenue du Prado 13008 Marseille, our physical store, to get personal advice and try out the Products for sale on www.incenza.com, subject to availability of tester products.
2.2 Products authenticity - Legislation
FDP only sells authentic products on its website, in compliance with applicable French and European laws and safety standards.
FDP can not be held responsible in the event of non-compliance with the legislation of the country where the product is exported. The User has the responsibility of checking if it is possible to import and use the products and services they want to order with the local authorities in the country of delivery.
2.3 Products pricing
The prices applicable to the products sold online on the Website www.incenza.com for mail order are listed in euros and including all taxes, and are the prices applicable at the time of order. Product prices can be modified at any time by FDP, without changing the amount indicated when the order was placed.
These prices do not include shipping fees, which will be charged in addition to the price of the products ordered. Shipping fees are indicated before order confirmation by the Buyer. The different shipping methods are detailed bellow in the GTC and are listed on the Website; they can be amended by FDP at any time.
2.4 Product availability
The User is informed of product availability when visiting the Website by three different indications: in stock, being restocked, or out of stock.
The Buyer is informed of the availability of the products when placing the order, under the order summary, providing that the physical stock is accurate and there has been no inventory mistake. In that latter instance, in the case of an error in availability or non-availability resulting from unforeseeable orders, FDP will commit to using every mean to fulfill the order with as little delay as possible.
In the instance that the products of an order are partially or entirely unavailable after that order has been placed, the Buyer will be informed as early as possible by e-mail that the product is unavailable and that their order has partially or entirely canceled. To give full satisfaction to the Buyer, FDP might have to contact the buyer by phone to find a personalized solution to the problem, which the Buyer agrees to by filling the phone number field on the registration form.
2.5. Additional services
A gift wrapping service is offered when placing the order. The simple bag packaging option is charged a flat rate of €0.29 per unit ordered. The luxury gift wrapping option is charged a flat-rate of €3, regardless of the number of packages to wrap. The amount payed for that service isn’t including in the order total in regards to the free shipping offered on orders over €49, since it is a service and not a product. The luxury gift wrapping service cannot be sold separately.
Article 3. Order
The User can navigate the different pages of the Website freely without having to commit to order.
3.2. Order registration
The Buyer may, at any time, check the content of their order and modify it before validating payment.
Once the payment is confirmed:
- The Buyer acknowledges having agreed to the content and conditions of the order placed, and more specifically to these General Terms and Conditions.
- The Buyer acknowledges the requirement to pay following their order, as well as the prices, volumes, characteristics, quantities and delivery times of the products for sale and ordered by them.
Once this step has been validated, the purchase is considered final, subject to the exercise of their right of withdrawal, in accordance with the terms of article 6 of these General terms and conditions.
This Order is confirmed by FDP by sending an email to the buyer (the “order confirmation e-mail”).
All e-mails are sent to the e-mail address provided by the Buyer during registration, before completing the order.
FDP has the right to cash in full the amount corresponding to the order :
- For payments made with gift cards or online vouchers, as soon as the Order confirmation email is sent out;
- For payments made with the other payment methods accepted on the Website, in accordance with article 4.1 below: as soon as the Order confirmation email for the order placed by the Buyer is sent out.
Thus, if a mistake has been made when entering the email address in question, or if the Order confirmation email isn’t received, FDP can not be held liable. In that eventuality, the purchase will be considered final, except in case of an order cancellation on FDP’s end, including in case of product unavailability. The Buyer will however have the right to withdraw their order under the conditions listed under article 6 of these General Terms and Conditions.
3.3 Limitation of the number of units per order:
The number of units of the same product that can be bought in a single order might be automatically restricted by the manufacturer as part of the distribution contract granted to the website operator. The restriction of the number of units one can order does not constitute a refusal to sell.
3.4. Final order validation:
After checking their order status, and once all the information has been given by the Buyer, the latter will validate their payment by paybox, paypal, check or gift card. The order is then registered and becomes irrefutable, although subject to the right of withdrawal as specified by the consumer code under articles L 121- 19 and following.
The User then becomes the Buyer. The website’s (www.incenza.com) automatic registration system will be evidence of the order’s content and date.
3.5. Order confirmation:
Once the Buyer validates the payment, an order summary is displayed and shows the order number. Within 24 business hours after the order registration, the Buyer will receive an acknowledgment of receipt by e-mail. If this document is not receive within the time period stated, it is the Buyer’s responsibility to contact the company, as their order might not have been registered for technical reasons. If the order’s acknowledgment of receipt can not be delivered to the e-mail address provided, the order will be canceled. The order will only be considered final once confirmed by the company.
3.6. Order modification:
Any modification of the order required by the buyer can only be taken into account if FDP received it by e-mail before shipping the Products, and subject to product availability.
3.7. Order cancellation:
3.7.1 Order cancellation by FDP
18.104.22.168 Order cancellation resulting from payment incident or fraud
FDP reserves the right to suspend or cancel the process of any order and/or delivery, whatever its nature, at any time of the order process, in the event that customers fails to pay any amount owed or only pays part of it, or in the event of fraud or attempted fraud related to using the website www.incenza.com, including during previous orders.
22.214.171.124 Cancellation resulting from product unavailability:
In the event that the Order is fully canceled because all of the Products ordered are unavailable :
- The User’s Order will automatically be canceled and their bank account will be credited with a full refund within 48 hours after the unavailability of the products ordered has been noticed.
Incenza’s customer service will contact the buyer to inform them that their order has been canceled by email or by phone.
In that event that the Order is partially canceled:
- The Buyer’s Order will be validated, and their bank account will be debited for the entire order,
- The Buyer will be delivered the available products.
- The Buyer will be refunded the amount paid for the unavailable ordered product(s) within 2 business days after the payment has been made.
3.7.2. Cancellation and right of withdrawal by the buyer
Refer to article 6 of these GTC.
Article 4 – Payment
4.1 Payment methods
The Buyer can use the following means of payment :
Credit card via PAYBOX interface, PAYPAL, bank or giro check, gift card delivered by the Website www.incenza.com.
The Buyer guarantee FDP that that have all the necessary authorizations to use the payment means they have chosen for their Order, at the time of Order registration.
4.1.1 Credit cards
The credit cards accepted on the Website www.incenza.com are the following : Blue card, Visa Blue card.
4.1.2 Bank checks
Incenza’s customer service only accepts payment by bank checks delivered in Metropolitan France. The Order is shipped out after confirmation by third party company Check-on-line, and after the means of payment has been cashed by Incenza’s financial institution.
4.1.3 Gift cards
Incenza’s gift cards can be bought on the Website and can range from 30 to €500. Once purchased, it gives the designated recipient a voucher to be spent on any section of the Website.
The gift card can then be spent all at once or by installments, with regards to its credit at the time of order, and can be used in association with another means of payment accepted by www.incenza.com. Several gift cards can be used on the same order. The gift card is valid for a year from the time it is issued.
The Buyer can use their Paypal account to pay for their orders on the Website. This means of payment can be used in combination with an incenza.com gift card.
4.1.5 Online vouchers
Online vouchers are vouchers delivered by incenza.com exclusively, and can be used by their recipient only on the website incenza.com. They are valid for a year from the time they are delivered and can not be used in the store at 99 avenue du Prado 13008 Marseille.
4.1.6 Gift checks
incenza.com does not accept payment by gift check.
4.2. Payment terms
Payment is made by the Buyer when ordering online through means of payment accepted by the website. If the Buyer encounter difficulties, they can ask incenza.com’s customer service for help from France or from other countries, during the service’s opening hours indicated under the “Contact us” section of the Website incenza.com by phone at 04 91 71 67 54.
All Orders are to be paid in Euros, including all taxes and mandatory contributions. FDP can not be held responsible for potential taxes due to a Buyer ordering from countries outside the community or for sea crossing taxes. Potential bank fees will be born by the Buyer (including in the event of a refund).
Penalty fees equal to the legal interest rates may, at Incenza’s discretion, be legitimately applied to outstanding amounts after a ten days period from the time of payment rejection notification.
4.3 Security during payment operations
In order to guarantee credit card payment security, the Buyer must give incenza.com the card security code on the back of the credit card that they used.
As part of the fight against internet fraud, information regarding the Buyer’s Order are sent to a third party authorized by law or clearly designated by Incenza to confirm the Buyer’s identity, the Order’s validity, the means of payment used and the shipping method planned. For the duration of the validity of these GTC, the company FIANET S.A. is authorized to perform the above-mentioned verification operations to insure payment security and Buyer solvency.
Following this verification, incenza.com reserves the right to ask for proof of identity of the Buyer and/or any other additional information such as bank account details or proof of address, this list being non exhaustive. Any Buyer has the right to access, rectify or delete their personal information processed under the conditions set out by law.
Incenza.com uses a secure payment tool called Paybox. Payment security depends on Buyer identity verification and on data confidentiality. To insure that security, Paybox System uses proven cryptography methods and respects the different bank regulations applicable in France.
Article 5 - Shipping and delivery
5.1 Delivery points
Products ordered by the buyer in accordance with these GTC will be delivered at the address given as the delivery address by the Buyer for the Order in question (“Delivery Address”).
incenza.com offers the buyer the following delivery options :
- Pick-up at the physical shop 99 avenue du Prado – 13008 Marseille,
- At home or the address indicated on the Order,
- At the post office,
- At the distribution points : at the network locations of the our partner So Colissimo.
Incenza.com ships to all European countries except for Italy, and also ships to Monaco. We do not ship to Middle-Eastern, African and Asian territories.
Purchase invoices are sent by email to the address indicated by the Buyer at the time of registration on the website incenza.com.
5.2 Shipping methods
5.2.1 shipping methods for Metropolitan France, Corsica and Monaco
126.96.36.199. Colissimo shipping
The parcel containing the products ordered and paid for will be delivered at the shipping address.
In the event that the mail box at the place of delivery is too small, the parcel will be delivered at home and handed to the Buyer or Order recipient, or, at the post service discretion, handed to another person, including someone from their own services, someone living with the recipient, having a special authorization or a mandate, or an identified third party.
If the parcel couldn’t be delivered for the reasons mentioned above (mail box to small and/or recipient’s absence), the Buyer or order recipient will receive a non-delivery notice, allowing them to collect the parcel from the post office indicated on the notice, within 14 days of receiving the notice.
188.8.131.52. Chronopost shipping
At the time of delivery, the Buyer or recipient of the Order will receive the parcel from an employee of the company Chronopost and electronically sign an acknowledgment of receipt. This electronic acknowledgment of receipt is proof of the delivery by incenza.com and of the reception by the Buyer or the recipient of the order of the products ordered.
If they are absent, the Buyer or recipient of the product ordered will receive a notice of non-delivery, which will let them contact the transporter using the information indicated on the notice of non-delivery so they can arrange a new date of delivery.
In the event that parcel isn’t collected within 10 business days of receiving the non-delivery notice, the parcel will be returned to incenza.com and the Buyer will be reimbursed for the order by the means chosen by incenza.com, minus shipping fees.
The delivery itself cannot be disputed if the parcel appears to have been delivered, as attested by La Poste’s online tracking system.
After this time period, the parcel will be returned to sender. In that case, the Buyer will be reimbursed for the order by the means chosen by incenza.com, minus shipping fees.
184.108.40.206 Delivery at distribution-points
Le parcel containing the products ordered and payed for is delivered at the distribution point selected by the buyer at the time of order.
The Order’s Buyer receives an email that allows them to collect their parcel at the delivery point indicated in the email within 15 days from receiving the email from incenza.com. The Buyer can only collect their parcel from the distribution point by showing said email along with their ID card.
After this time period, the parcel will be returned to sender. In that case, the Buyer will be reimbursed for the order by the means chosen by incenza.com, minus shipping fees.
The delivery itself cannot be disputed if the parcel appears to have been delivered, as attested by the distribution-point’s register.
5.2.2 Shipping methods to other countries
220.127.116.11 Shipping by Colissimo International
The shipping conditions are connected to the Colissimo network and vary depending on local postal services. They vary from country to country.
However, a delivery receipt or acknowledgment of receipt will have to be signed by the Buyer or recipient of the Order upon delivery of the parcel as proof of delivery by Incenza and of reception of the products ordered by the Buyer or recipient of the Order.
In the event that the Buyer or recipient of the Order is absent, they will usually receive a notice of non-delivery, which will allow them to collect the parcel from the post office indicated on the notice, within 10 to 21 days of receiving the notice. However, as the shipping conditions vary from country to country, the Buyer is advised to check the parcel tracking frequently, using the link indicated in the email letting the Buyer know that the Order has been shipped, to get information pertinent to their Order delivery.
In the event that parcel isn’t collected within 10 to 21 business days of receiving the non-delivery notice (or failing that, from the first attempt of delivery by local postal services), the parcel will be returned to incenza.com and the Buyer will be reimbursed for the order by the means chosen by incenza.com, minus shipping fees.
The delivery itself cannot be disputed if the parcel appears to have been delivered, as attested by the local postal services’ online tracking system.
5.3 Irregularities and damaged parcels
5.3.1 General provisions
The Buyer or order recipient is advised to check the apparent state of the parcel and products at the time of delivery.
18.104.22.168 Colissimo delivery
In case of any irregularity concerning the parcel (damaged parcel, open parcel, visible or audible deterioration of the products), the Buyer or recipient of the Order must refuse to receive the parcel, fill a damage report with postal services and report their refusal of receipt to Incenza’s customer services as quickly as possible.
Incident reports and reservation declarations must be made within 3 business days.
22.214.171.124 Delivery at So Colissimo distribution points
If the parcel is delivered at a So Colissimo distribution point, do not accept it. Once the parcel is open, you can no longer seek reparation from So colissimo or Incenza.com. The Buyer or recipient of the order must report their refusal to take delivery of the parcel to incenza.com’s customer service as quickly as possible.
Incident reports and reservation declarations must be made within 3 business days
126.96.36.199 Chronopost delivery
In the event that an irregularity is noticed in the presence of a Chronopost delivery person
Refuse to take the delivery and immediately report all reservations regarding the irregularity in a clear and detailed manner. These reservations must be detailed on the Chronopost delivery person’s signed delivery slip by the Buyer or recipient of the Order.
In the event that an irregularity is noticed in the absence of a Chronopost delivery person
Report the damages and missing elements noticed, and address all claims and reservations to incenza.com’s customer service. Incident reports must be made within 3 business days.
188.8.131.52 Colissimo International delivery
Don’t not open the parcel. Please note : opening the parcel means you can no longer seek reparation from So colissimo or Incenza.com.
Bring the unopened parcel back to your local post office within 5 business days from delivery.
Fill an irregularity report (the name while change depending on the country).
Report the irregularity to incenza.com’s customer service.
Incident reports and reservation declaration must be made within 3 business days
184.108.40.206 Pick-up at the store:
Products being picked-up at the physical store are available to the Buyer as if they were making an in-store purchase. The product will thus not be packaged for transportation and the Buyer will bear all the risks of transportation. Products will be delivered in a shopping bag selected by incenza.com.
5.3.2 Procedure to follow if a product is damaged or missing from the parcel without externally visible damage to the parcel
The Buyer or recipient of the Order will have to report products damaged or missing to incenza.com’s customer service. Our customer service will provide them with a personalized answer containing instructions on the procedure to follow.
5.4 Delivery time
Shipping times to Metropolitan France and Monaco are as follow:
- So Colissimo: 2 to 5 business days
- Chronopost: 1 to 2 business days
For Corsica, 1 to 2 business days are necessary.
Delivery time for other countries: 15 business days.
Starting point of delivery time:
Shipping time starts from the time the Order confirmation e-mail is sent out.
In the event of delay in the delivery, except in case of force majeure, the Buyer will be allowed to cancel their Order under the following conditions.
- After sending a formal notice to incenza.com’s customer service to perform the delivery within reasonable additional time and in the event that this formal notice has not be acted upon.
- If the Buyer establishes that delivery time was an essential condition to the Order. The formal notice or order cancellation requested must be sent by registered letter with acknowledgment of receipt at the address indicated under “Contact us” of the Website incenza.com or by phone during the service’s opening hours as indicated under “Contact us” of the Website incenza.com.
In the event that an inquiry, the result of which would have authority concerning the dispute, shows that the blame lies exclusively with FDP or the transporter, FDP will fully refund the payment made by the Buyer for this Order and cashed by FDP, as long as the Buyer returns the entire Order to FDP. The Buyer will be reimbursed with a refund or a voucher, at the buyer’s own discretion, as quickly as possible and within a maximum of 30 days following the time when the Buyer exercised their right to have the Order canceled.
Otherwise, if the Order isn’t fully returned or the inquiry shows no blame lying exclusively with FDP or the transporter, the Buyer won’t be able to claim reimbursement of the amount paid or a new delivery of the products ordered, unless they can prove, by any means, that they are not responsible.
Article 6 - Right and period of withdrawal
6.1. Exercise of the legal right and period of withdrawal
6.1.1. Period for the exercise of the legal right of withdrawal
In compliance with article L. 121-21of the French consumer code, the Buyer has 14 (fourteen) days from the day they received the parcel containing the products ordered to exercise their legal right of withdrawal without having to justify that decision. In the case of a Gift card bought on the Website, the Buyer has 14 (fourteen) days from the time of order confirmation to exercise their right of withdrawal, providing that the gift card hasn’t been used, partially or entirely, before the end of this time period. Indeed, in that instance no right of withdrawal or reimbursement can be claimed.
6.1.2. Provisions for the exercise of the legal right of withdrawal
The provisions for the exercise of the legal right of withdrawal are detailed under article 6.3 of these General Terms and conditions.
6.1.3. Products exempt from the legal right of withdrawal
In compliance with article L. 121-21of the French consumer code, the right of withdrawal cannot be exercised on Orders of goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health protection. Moreover, gift boxes that do not have that hygiene guarantee because they are not sealed are exempt from the right of legal return and the right of contractual return.
Thus, the Buyer is made aware that they will not be able to exercise their right of contractual withdrawal on products unsealed by themselves that could not be put back for sale by incenza.com as it would be a hygiene and health hazard for consumers, such as Skincare products, including creams, lotions or make-up products.
These provisions apply without prejudice to the warranties set forth in other articles of these GTC, which remain fully applicable.
6.1.4. Consequences of the exercise of the legal right of withdrawal
If products are subject to the legal right of withdrawal, the Buyer who is exercising their right of withdrawal according to the provision set forth in the above article with regards to product return terms and time period, will be refunded for the products returned as well as the shipping fees of this Order.
6.1.5. Return fees
In compliance with article L. 121-21of the French consumer code, the expenses of returning the products will be born by the Buyer, except if the products delivered do not conform to the Order ( in which case the expenses of returning the products will be born by incenza.com).
6.2. Contractual right and period of withdrawal
6.2.1. Exercise of the right of withdrawal
The contractual right of withdrawal can be exercised by returning the product(s) ordered on incenza.com by mail or by dropping it of at the store on 99 avenue du Prado – 13008 Marseille.
220.127.116.11 Period of exercise of the contractual right of withdrawal
The Buyer or recipient of the order has two (2) months from the time of reception of the order to return the products.
18.104.22.168 Provisions for the exercise of the contractual right of withdrawal
The provisions for the exercise of the contractual right of withdrawal are detailed under article 6.3 of these General Terms and conditions.
6.2.2. Exemptions from the contractual right of withdrawal
The contractual right of withdrawal can not be exercised on Orders:
- of goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health protection and,
- of goods tailored-made to the customer’s instructions or highly customized.
Thus, the Buyer is made aware that they will not be able to exercise their right of contractual withdrawal on products unsealed by themselves that could not be put back for sale by France DIFFUSION PARFUMS as it would be a hygiene and health hazard for consumers (such as skin care or make-up products).
The Buyer will also not be able to exercise their right of contractual withdrawal on products customized at their request.
These provisions apply without prejudice to the warranties set forth in article 7 of these GTC, which remain fully applicable.
6.2.3. Consequences of the exercise of the contractual right of withdrawal
The expenses of returning the products will be born by the Buyer, or recipient of the Order if they are the one exercising the contractual right of withdrawal, except if the products delivered do not conform to the Order or if a product is damaged.
6.3. Provisions for the exercise of the legal right of withdrawal and the contractual right of withdrawal
The Buyer, or the recipient of the Order when applicable, must inform FDP of their wish to withdraw their Order in one of the following ways :
- Bring the products in question back to France DIFFUSION PARFUMS at their physical store at 99 avenue du Prado 13008 Marseille,
- Send the products in question back to France DIFFUSION PARFUMS by mail at 99 avenue du Prado 13008 Marseille. Contact incenza.com’s customer service within 14 (fourteen) days of delivery. In that case, the Buyer can use the withdrawal form included in the General Terms ans Conditions, and send it to the following address : 9 avenue du Prado – 13008 Marseille, or by e-mail to email@example.com. If they do so, in compliance with article L.121-21-3 of the consumer code, the Buyer guarantees that they will return the products within 14 days of informing FDP of their withdrawal. If FDP receives the products after that 14 days period, it will be considered that FDP was informed of the Buyer’s withdrawal at the time when the products were sent out.
Products can not be returned from distribution points.
6.3.1. General provisions applicable to any manner of returning a product (returns at the physical store and by mail)
The products returned to FDP must be in condition fit to be put back on sale (products in mint condition in their original packaging, with accessories, instructions...) within two months of receiving them. After the two month time period expires, products returned will not be accepted. The products will also need to be sent with their order number, which was sent with the products or written on any paper or virtual document pertinent to this order. For gift cards bought on the Website incenza.com, the provisions for return detailed in article 6 of these GTC will only apply if the gift card has not been used, in part or entirely, before this time period expires. Indeed, in that instance no right of withdrawal or reimbursement can be claimed. The Buyer might be held responsible if the product has been damaged after being handled for purposes other than establishing its nature, its characteristics and, if applicable, that the product functions properly.
22.214.171.124 Returning a product at the store
It is possible to return products to France DIFFUSION PARFUMS – at its physical store at 99 avenue du Prado – 13008 Marseille, providing that the provisions set forth in article 6.3.1 of these GTC are followed.
126.96.36.199 Returning a product by mail
With the exception of the provisions set forth in article 6.3.1 of these General Terms and Conditions, a Buyer or recipient of an order willing to exercise their right of withdrawal, legal or contractual, by returning a product by mail will have to follow these instructions :
- Use original packaging to return the products.
- Send the parcel or letter with a notice of receipt to the following address :
France DIFFUSION PARFUMS
99 avenue du Prado – 13008 Marseille
France DIFFUSION PARFUMS does not accept parcels or mail with postage due.
If the Buyer/recipient of the order can not prove that they did obtain shipping of the product from a transporter or a store, any risk relative to returning a product will be borne by the buyer or the recipient of the order.
Article 7 - Warranties
France Diffusion Parfums has sole and full ownership of the products sold until payment has been cashed in full for the product’s price, including fees, taxes and required contributions
7.1 Legal warranties
All the products for sale on the Website are covered by the legal warranty of fitness (as defined in articles L211-4 and in compliance with the consumer code) and the warranty against latent defects (as defined in articles 1641 and following of the consumer code), which allow the buyer to return any defective or unfit product free of charge.
7.1.1 Legal warranty of fitness
The French consumer code sets forth the following regarding the legal warranties of fitness : Article L211-4: “The seller has the obligation to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for any defects in conformity resulting from packaging, installation instructions, or installation if it was put in their charge by the contract or was conducted under their responsibility.”
Article L211-5: “To comply with the contract, the goods must :
1) Be fit to the purpose normally expected for such goods, and, if applicable :
- fit the description given by the seller and have the same qualities as those presented to the buyer with samples or models ;
- present the qualities that can legitimately be expected by the buyer in view of public statements made by the seller, the manufacturer or its representative, including in advertising or labeling ;
2) Or present characteristics agreed upon by the parties, or be fit to any special purpose desired by the buyer and communicated to and approved by the seller.
Article L211-12: Action resulting from defects in conformity lapses after two years from the date of delivery of the article.
7.1.2 Warranty against latent defects
The French civil code sets forth the following regarding warranty against latent defects :
Article 1641 of the civil code : The seller is liable to warranty against latent defects of the item sold that render it unfit for its intended purpose, or that limit this purpose in such a way that the buyer would not have bought it, or would have bought it at a lesser price, had they known about these defects. Article 1648 1st paragraph: The action resulting from latent defects must be brought by the buyer within two years after the discovery of the defect.
7.1.3 Warranty disclaimer
Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. This warranty will not apply to visible defects. The warranty will not cover products damaged during transportation or from being misused.
7.2 Provisions for implementing the legal warranties
For any request regarding legal warranties, the Buyer must contact our customer service under the “Contact us” form of the Website incenza.com. These provisions are not exclusive of the right of withdrawal.
7.3 Consequences of implementing the legal warranties
As part of the legal conformity warranty, France Diffusion Parfums will, at the Buyer’s discretion:
- either replace the product by an identical product depending on available stock,
- or refund the product if it was impossible to replace a product.
As part of the legal warranty against latent defects, France Diffusion Parfums will, at your discretion and after evaluation of defect:
- either refund in full the returned product,
- or refund part of the product if the Buyer wishes to keep the product.
Article 8 - Retention of title
All of the trade marks, figurative or otherwise, as well as all illustrations, images, logotypes and content of the Website (including but not limited to these General Terms and Conditions) are and shall remain the exclusive propriety of France Diffusion Parfums or the holder of the relevant intellectual property rights.
Any full or partial representation, modification, or use of these trade marks, illustrations, images, logotypes or any content of the Website for any reason and on any medium, without express prior written authorization from France Diffusion Parfums or the holder of the relevant intellectual property rights is strictly forbidden. The same applies for all copyrights, drawings and models, or patents present on the Website.
Article 9 - intellectual property
France Diffusion Parfums strives to protect its clients personal information by providing high level security, but the Buyer also plays a role in protecting their own personal information. More specifically, the Buyer must keep their online transactions safe, for instance by not giving out their user name (Buyer’s e-mail address) and/or password to anyone, and by changing their password frequently. In this respect, France Diffusion Parfums can not be held accountable for the disclosure of Buyer information to anyone holding their user name (Buyer’s e-mail address) and/or password.
In this respect, the Buyer’s user name (Buyer’s e-mail address) and/or password will be considered proof of ID, rendering all amounts due payable upon Order validation. France Diffusion Parfums can not be held responsible for the fraudulent use of this information.
The provision of a credit card number and final validation of said Order will be considered proof of agreement to said Order and will render any amount incurred by selecting the products included in order, due and payable. The computerized records, kept on France Diffusion Parfums computer system and their partner’s, will be considered proof of communication, of orders and of payments between the parties.
Article 10 - Signature and proof
The Buyer, before placing the Order, affirms that they have full legal capacity to enter into and be bound by these General Terms and Conditions. France Diffusion Parfums can not be bound to verify the legal capacity of its visitors and buyers. Thus, if a person without legal capacity were to order on the Website incenza.com, their legal guardians, tutors, curators, would bear full responsibility for this order and would also have to pay for it.
10.2 Limitation of liability
France DIFFUSION PARFUMS, with respects to these General Terms and Conditions, could not be held liable in the event that a default in obligations is caused by a third party, even if it could have been foreseen, by wrongful action on the Buyer’s part, by force majeure as defined by French courts, or by any event out of France DIFFUSION PARFUMS’ reasonable and exclusive control. Information available on the Website is provided “AS IS” without any warranties, be it implied or express, of integrity, accuracy, currency, non-counterfeiting, availability, reliability, or exhaustiveness of information, products, accessories or services offered on the Website incenza.com or their fitness to purpose the Buyers plans for them.
Article 11 - “Information technology and civil liberties"
See Legal Notices.
Article 12 - Privacy statement and cookies
See Legal Notices.
Article 13 - Applicable law and competent jurisdiction
Product sales by the company France DIFFUSION PARFUMS are governed by French law, regardless of the country where the Buyer lives and the country from which the Order was issued. Any dispute concerning the existence, interpretation, execution or breach of the contract entered into between FDP and the Buyer, even if there are more than one defendant, will, when there can be no friendly agreement, remain under the exclusive jurisdiction of competent French courts under the rules decreed by the French Civil Procedure Code.
Appendix 1 : Withdrawal form
(Please fill out this form and return it with your order number if you wish to exercise your right of withdrawal.
To Incenza.com 99 avenue du Prado 13008 Marseille
By E-mail : firstname.lastname@example.org
I hereby give notice of my withdrawal from the contract regarding the purchase of the following goods :
- Order No.: Dated:
- Received on
- Consumer(s) name(s):
- Consumer(s) address:
- Consumer(s) signature (only if this form is returned in paper version)
If you have any question, please contact Customer service at 04 91 71 67 54 (local cost) if calling from France or at +334 91 71 67 54 from other countries, during the service opening hours indicated under the “Contact us” section of the Website incenza.com.
For any question on order tracking or returning an order, you can contact us at 04 91 71 67 54 if calling from France or +334 91 71 67 54 from other countries, during the service opening hours indicated under the “Contact us” section of the Website incenza.com.