Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) AND TERMS OF USE (TOU)

General Terms and Conditions of Sale and Use updated on June 5, 2026.

PREAMBLE:

France Diffusion Parfums SAS, with share capital of 7,500 euros, whose registered office is located at 99 avenue du Prado, 13008 Marseille, registered with the Marseille Trade and Companies Register under number 417 878 527 00015, operates on its e-commerce website www.incenza.com a retail distance-selling business for selective perfumery cosmetic products, pursuant to the distribution approvals received from its suppliers.

The website www.incenza.com (hereinafter referred to as the Site) provides Users and Buyers (hereinafter referred to as the User(s) or the Buyer(s)) with information on Products manufactured by manufacturers listed online in the catalogue, as well as an online ordering and payment system, subject to Users’ compliance with these general terms and conditions.

Any order placed through the Site implies consultation and express acceptance of these general terms and conditions of sale.

Any order that has the characteristics of a purchase made for professional purposes or for resale shall be considered null and void.

Definitions:

France Diffusion Parfums may be referred to herein, by convention, by the abbreviation “FDP” or “the Company”.

Prior to any order, any person browsing the Site shall hereinafter be referred to as the “User”.

Any person who has accepted an order by validating payment shall hereinafter be referred to as the “Buyer”.

The website www.incenza.com shall be referred to, by convention, as “incenza.com”, “the Site” or “the Seller”.

The General Terms and Conditions of Sale shall be referred to, by convention, as “GTCS”.

Article 1: Purpose

The purpose of these general terms and conditions of sale is:

  • to inform the User of the terms and conditions under which FDP sells selective perfumery cosmetic products;

  • to define the relationships that they establish on the Site;

  • to define the rights and obligations of the Company operating the Site, as well as those of the User, arising from the online sale of the Products offered on the Site.

These general terms and conditions apply to the exclusion of any other document.

Any order placed through the Site implies consultation and express acceptance, without reservation or restriction, of these GTCS.

FDP reserves the right to amend these general terms and conditions of sale at any time, in particular in order to bring them into compliance with applicable legal provisions.

However, the general terms and conditions of sale applicable when an order is placed are those in force at the time the User places the order.

Article 2: Characteristics and Content of the Offer

2.1. Characteristics of the Products marketed

FDP obtains its products from manufacturers who have expressly agreed to be listed on the Site. FDP reserves the right, at any time, to add new Products, remove all or part of the Products sold or presented on the Site, change their presentation or discontinue their marketing on its Site, without being required to notify the User in advance.

The User may purchase one or more products displayed on the Site within the limits of private and personal use.

The Site provides the User with the essential characteristics of the product(s), which the User may consult before purchase.

FDP cannot guarantee that the information written on product packaging or described on product sheets will be translated into foreign languages. The information provided is available in French.

For any question relating to the products and their use, or for advice, the Buyer may contact the Customer Service department dedicated to Beauty expertise by calling 04 12 24 00 10 (cost of a local call) from France, during the service opening hours indicated in the “Contact us” section of the Site.

The Buyer may also visit the INCENZA store located at 99 avenue du Prado, 13008 Marseille, the physical point of sale, to obtain personalized advice and test the products offered for sale on www.incenza.com, subject to the availability of demonstration products.

FDP undertakes to comply with all provisions relating to the safety of cosmetic products and to sell only products whose minimum durability date or period after opening has not expired. In addition, with respect to the use of cosmetic makeup products, FDP undertakes to sell only products whose manufacturing date does not exceed the previous 12 months.

2.2 Authenticity of products - Legislation

FDP distributes on its Site only authentic products, in compliance with the French and European legislation and standards in force.

Its liability may not be incurred in the event of non-compliance with the legislation of the country to which the product is delivered. It is the User’s responsibility to check with the local authorities of the product delivery country the possibilities of importing or using the products and services that the User plans to order.

2.3 Product prices

2.3.1. Determination of the final Sale Price

The sale prices of products online on the Site www.incenza.com applicable in the context of distance selling are indicated in euros, inclusive of all taxes, and are those in force at the time the User places the Order. Product sale prices may be amended by FDP at any time, without prejudice to the amount stipulated at the time of the order.

These prices do not include delivery costs, which are invoiced in addition to the price of the purchased products. Shipping costs are indicated before the Buyer registers the Order. The various shipping methods are provided below in the GTCS and are recalled on the Site; they may be amended at any time by FDP.

2.3.2. Determination of the displayed Reference Price

The reference price of a product appearing in the Incenza Site catalogue corresponds to the sale price displayed in the Incenza physical store; the latter is made up of the purchase price excluding VAT of the unit product, multiplied by a variable mark-up coefficient and including the value-added tax in force in France.

The mark-up coefficient depends on commercial practice in the perfumery sector and takes into account the recommended retail price (RRP) suggested by the supplier as of January 1 of the current year, or the launch price of the product during the year.

2.4 Product availability

Product availability is communicated to the User while browsing the Site by means of three indicators: in stock, being restocked, or unavailable.

Product availability is communicated to the Buyer when placing the Order, in the basket summary. FDP undertakes to use all reasonable means to fulfill orders as quickly as possible, subject to product availability and logistical constraints beyond its control.

2.5. Additional Services

A gift-wrapping service is offered when placing an order. The option for classic bag packaging is charged at 0.30 euro cents per unit. The option for luxury gift wrapping is charged at a flat rate of €1.50, regardless of the number of gift packages to be prepared. The amount invoiced for this latter service is not taken into account in the order total for the purpose of triggering free shipping, as it is a service and not a commercial product. The luxury gift-wrapping service cannot be sold separately.

Article 3. Order

3.1. Browsing

The User may browse the various pages of the Site freely without thereby being bound by an order.

3.2. Registration of an Order

Any Order entails acceptance of these General Terms and Conditions of Sale and of the provisions relating to the use of cookies, without prejudice to any specific contractual terms concluded between the Parties.

The Buyer may, at any time, check the details of the order and amend its content before validating payment.

Once payment has been validated:

  • the Buyer acknowledges having knowingly accepted the content and terms of the submitted Order and, in particular, these General Terms and Conditions of Sale.

  • the Buyer acknowledges the obligation to pay arising from the order, as well as the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this step has been validated, the sale is considered final, subject to the Buyer exercising the right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale.

This Order is confirmed by FDP by sending an email to the Buyer (the “Order confirmation email”).

All emails are sent to the email address entered by the Buyer at the time of registration and identification, prior to placing the Order.

FDP is entitled to collect the full price corresponding to the Order:

  • For payments made by Gift Cards or online credit notes: as soon as the Order confirmation email is sent;

  • For payments made by the other payment methods accepted on the Site in accordance with Article 4.1 below: as soon as the email confirming the order placed by the Buyer is sent.

Therefore, in the event of an input error in the relevant email address, or non-receipt of the Order confirmation email, FDP’s liability may not be incurred. In such case, the sale shall be considered final, except in cases where the Order is cancelled by FDP. The Buyer may nevertheless exercise the right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale.

3.3 Limitation on the Number of Units That May Be Ordered:

The quantity of identical references that may be ordered during the same order may be automatically restricted to the number authorized by the manufacturer under the distribution agreement granted to the Site operator. The restriction on the number of units that may be ordered may therefore not be qualified as a refusal to sell.

3.4. Final validation of the order:

After having reviewed the status of the order, and once all the information has been completed by the User, the User validates payment by Paybox, PayPal, cheque or by using a gift card. The order is then registered and becomes irrevocable, notwithstanding the exercise of the right of revocation governed by the Consumer Code in its Articles L and following.

The User then becomes the Buyer. The automatic registration systems of the website www.incenza.com are considered to constitute proof of the content of the order and of its date.

3.5. Order confirmation:

When the Buyer has validated payment, a summary of the Buyer’s order is displayed and indicates, in particular, the transaction number. Within 24 working hours after the order has been registered, the Buyer receives an acknowledgement of receipt by email; if this document is not received within the indicated timeframe, it is the Buyer’s responsibility to contact the Company, as the order may not have been registered for technical reasons. If the acknowledgement of receipt of the order cannot be delivered to the indicated email address, the order will be cancelled. The order shall be considered firm and final only after confirmation by the Company.

3.6. Order modification:

Any modification of the order requested by the Buyer may be taken into consideration only if it has reached FDP by email before the Products are shipped.

3.7. Order cancellation:

3.7.1 Cancellation of an order by FDP

3.7.1.1 Cancellation for payment incident or fraud

FDP reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature, at any time during the ordering process, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site www.incenza.com, including in connection with previous Orders.

3.7.2. Cancellation and Right of withdrawal by the Buyer

Refer to Article 6 of these GTCS.

Article 4 - Payment

4.1 Payment methods

The Buyer may use the following payment methods:

Bank card via the PAYBOX interface, PAYPAL, Bank or Postal Cheque, Gift card issued on the website www.incenza.com.

The Buyer guarantees to FDP that the Buyer has the necessary authorizations to use the payment method chosen for the Order when registering the Order.

4.1.1 Bank cards

The bank cards accepted on the Incenza.com Site are the following: Carte Bleue, Carte Bleue Visa.

4.1.2 Bank cheques

Only bank cheques issued in Metropolitan France are accepted for payment via the Incenza.com Customer Service department. The order is shipped after verification by a third-party partner company, Check-on-line, and cashing of said payment method by Incenza.com’s financial institution.

4.1.3 Gift cards

The Incenza.com gift card may be purchased on the Site and selected from the proposed values ranging from €30 to €500. Once purchased, it entitles the designated beneficiary to a voucher valid across the entire Site.

The gift card may then be used in one or more installments, up to the credit balance at the time of an Order, possibly supplemented by another payment method accepted by Incenza.com. Several Gift Cards may be accepted for the same order. The gift card is valid for one year from its date of issue.

4.1.4 PayPal

The Buyer may use a PayPal account to pay for orders on the Site. This payment method may be combined with the use of an Incenza.com Gift Card.

4.1.5 Online credit notes

Online credit notes are credit notes issued exclusively by Incenza.com and usable by their beneficiary only on the Incenza.com Site. They are valid for 1 year from their issue date and cannot be used in the physical store located avenue du Prado, 13008 Marseille.

4.1.6 Gift vouchers

Incenza.com does not accept payment by gift vouchers.

4.2. Payment terms

Payment is made when the Buyer places the Order online, using the payment methods offered on the Site. In case of difficulty, the Buyer may request assistance from Incenza.com Customer Service from France or abroad, during the service opening hours indicated in the “Contact us” section of the Incenza.com Site, by telephone at 04 12 24 00 10.

All Orders are payable in euros, inclusive of all taxes and mandatory contributions. FDP cannot be held responsible for any taxes that may be due in respect of the order placed by a Buyer residing in territories outside the European Community or in respect of sea duties. Any bank charges remain payable by the Buyer, including in the event of a refund.

Penalties in an amount equal to the legal interest rate may, at Incenza.com’s discretion, be applied automatically to unpaid amounts after a period of ten days following the date of notification of a bank payment rejection.

4.3 Security of payment transactions

In order to ensure the security of payment by bank card, the Buyer must provide Incenza.com with the card verification value (CVV) shown on the back of the bank card used by the Buyer.

As part of the fight against Internet fraud, information relating to the Buyer’s Order is transmitted to any third party authorized by law or clearly designated by Incenza.com for the purpose of verifying the Buyer’s identity, the validity of the Order, the payment method used and the planned delivery. During the validity of these GTCS, ONEYTRUST S.A. is authorized to carry out the above-mentioned checks in order to guarantee payment security and Buyer solvency.

Following this check, Incenza.com reserves the right to request supporting documents concerning the Buyer’s identity and/or any additional information such as bank account details or proof of address. This list is not exhaustive. Each Buyer has a right of access, rectification and erasure of the personal data concerning the Buyer and processed by Incenza.com under the conditions provided by law.

Incenza.com uses a secure payment tool called “Paybox”. Payment security is based on Buyer authentication and on the confidentiality of all data. To ensure this security, Paybox System uses proven cryptography techniques and complies with the various banking regulations applicable in France.

Furthermore, Incenza.com uses the 3D Secure process, an authentication process for the cardholder of the card held, requiring the cardholder to use a single-use code sent by SMS to the telephone number associated with the bank account.

The cardholder must therefore be in possession of the telephone terminal enabling receipt of the code.

This process is intended to provide enhanced protection against the use of the customer’s bank card.

Article 5 - Delivery and Receipt of Orders

5.1 Delivery locations

Products ordered by the Buyer in accordance with these GTCS shall be delivered to the address indicated by the Buyer as the delivery address on the relevant Order (“Delivery Address”).

Incenza.com provides the Buyer with the following delivery solutions:

  • collection from the physical point of sale at 99 avenue du Prado - 13008 Marseille;

  • delivery to the home or to the delivery address appearing on the order;

  • delivery to a post office;

  • delivery to a pick-up point: according to the proposals of the So Colissimo partner and the MONDIAL RELAY partner.

Incenza.com delivers to the countries of the European Union as well as Monaco, subject to the restrictions applicable to certain products or territories. The territories of the Middle East, Africa and Asia are not served.

Purchase invoices are sent by email to the email address indicated by the Buyer when registering on the Incenza.com Site.

5.2 Delivery methods

Incenza does not hand over any parcel to its carrier on the following days: Saturday, Sunday and public holidays, because no service is provided on those days.

5.2.1 Delivery methods for Metropolitan France, Corsica and Monaco

5.2.1.1. Colissimo delivery

The parcel containing the ordered and paid products is delivered to the Delivery Address.

If the mailbox at the delivery address is too small, the parcel is delivered at home and handed either to the Buyer or to the recipient of the Order, or, at La Poste’s discretion, to another person, including any person attached to the recipient’s service, living with the recipient, specially authorized, holding a power of attorney, or to an identified third party.

If the parcel could not be delivered for the reasons mentioned above (insufficient mailbox size and/or recipient absence), the Buyer or the recipient of the Order receives a delivery notice allowing the parcel to be collected from the post office indicated on the notice, for a period of 14 days.

5.2.1.2. Chronopost delivery

Upon delivery, the Buyer or the recipient of the Order is delivered by the Chronopost employee and signs an electronic acknowledgement of receipt. This electronic acknowledgement of receipt constitutes proof of delivery by Incenza.com and of receipt by the Buyer or the recipient of the Order of the ordered products.

In the event of absence, the Buyer or the recipient of the ordered product receives a delivery notice, allowing contact to be made with the carrier using the contact details indicated on the delivery notice in order to agree on another delivery day.

If the parcel is not collected within 10 working days from receipt of the delivery notice, the parcel will be returned to Incenza.com and the Buyer refunded, by any means chosen by Incenza.com, for the amount of the Order, with delivery costs deducted.

After this period, the parcel is returned to the sender. In this case, the Buyer is refunded the amount of the Order, with delivery costs deducted, by any means chosen by Incenza.com.

5.2.1.3 Delivery to a So Colissimo Pick-up Point

The parcel containing the ordered and paid products is deposited at the So Colissimo Pick-up Point selected by the Buyer when placing the Order.

The Buyer of the Order receives an email allowing the parcel to be collected from the Pick-up Point indicated in the email for a period of 15 days from receipt of the email from Incenza.com. Collection from a Pick-up Point is possible only upon presentation of the above-mentioned email and the Buyer’s identity document.

After this period, the parcel is returned to the sender. In this case, the Buyer is refunded the amount of the Order, with delivery costs deducted, by any means chosen by Incenza.com.

No dispute relating to the delivery itself is possible if the parcel appears to have been delivered, the Pick-up Point register serving as proof.

5.2.1.4 Delivery to a Mondial Relay Pick-up Point

The parcel containing the ordered and paid products is deposited at the Mondial Relay Pick-up Point selected by the Buyer when placing the Order. Depending on the information registered by the Customer, the recipient of the parcel will be notified of the arrival of the parcel by email and/or SMS. If delivery of the parcel to the destination Pick-up Point is impossible, MONDIAL RELAY may deliver it to the nearest Pick-up Point and will notify the recipient. No refund of the service may be made on this basis.

Standard handover:

The parcel is handed to the recipient upon presentation of an identity document and against a digitized signature on the Pick-up Point terminal. The signature on the electronic terminal and its reproduction constitute proof of delivery of the parcel to the recipient, and the parties acknowledge that this signature has the same legal value as a handwritten signature*.

Parcels are handed to an authorized representative of the recipient upon presentation of the representative’s identity document and the recipient’s identity document.

Parcels are available at the Pick-up Point for at least 7 calendar days, and this period may extend up to 14 calendar days depending on operational constraints and the services chosen.

Parcels that have not been collected or that have been refused by the recipient at the end of the availability period will be returned to the Customer via the drop-off Pick-up Point.

The Customer is informed by email notification that the parcel is available at the drop-off Pick-up Point, where it will remain available for 10 calendar days.

At the end of this period, the parcel will be sent by the drop-off Pick-up Point to the Mondial Relay Expertise Department, 9 avenue Antoine Pinay, 59510 HEM. The parcel will remain available to the Customer at this address for 1 month. Recovery of the parcel is at the Customer’s expense. After this one-month period, Mondial Relay may freely dispose of the parcel.

To consult the full general terms and conditions of sale relating to the Mondial Relay service, please consult the provider’s institutional website.

5.2.2 Delivery methods abroad

5.2.2.1 Delivery by Colissimo International

Delivery terms are based on the Colissimo International network and depend on local postal services. They therefore differ from one country to another.

However, a delivery slip or acknowledgement of receipt must be signed by the Buyer or the recipient of the Order when the parcel is handed over and constitutes proof of delivery by Incenza.com and of receipt by the Buyer or the recipient of the Order of the ordered products.

In the event of absence of the Buyer or the recipient of the Order, the Buyer or the recipient of the Order usually receives a delivery notice allowing the parcel to be collected from the post office indicated on the delivery notice, for a period of 10 to 21 days. However, as delivery methods vary from one country to another, the Buyer is invited to regularly check the tracking of the parcel, via the link contained in the email informing the Buyer of the shipment of the Order, in order to obtain information relating to delivery of the Order.

If the parcel is not collected within 10 to 21 working days from receipt of the delivery notice (or, failing that, from the first delivery attempt by the local postal service), the parcel is returned to Incenza.com and the Buyer is refunded, by any means chosen by Incenza.com, for the amount of the Order, with delivery costs deducted.

No dispute relating to the delivery itself is possible if the parcel appears to have been delivered, the local postal service’s computerized tracking system serving as proof.

5.3 Anomaly, damage, damaged parcel

5.3.1 General provisions

The Buyer or the recipient of the Order is invited to check the apparent condition of the parcel and products upon delivery.

5.3.1.1 Colissimo delivery

In the event of an anomaly affecting the parcel (damaged parcel, opened parcel, visible or audible deterioration of the contents), the Buyer or the recipient of the Order must imperatively refuse the parcel, have a report of tampering drawn up with the post office and report the refusal to Incenza.com Customer Service as soon as possible.

5.3.1.2 Delivery to a So Colissimo or Mondial Relay Pick-up Point

In the event of delivery to a So Colissimo or Mondial Relay Pick-up Point, do not accept the parcel. Opening the parcel excludes any recourse against So Colissimo, Mondial Relay and Incenza.com. The Buyer or recipient must report the refusal to Incenza.com Customer Service as soon as possible.

5.3.1.3 Chronopost delivery

In the event of an anomaly observed in the presence of the Chronopost delivery person:

Refuse the delivery and immediately issue all reservations concerning the detected anomaly in a clear and detailed manner. These reservations must be indicated by the Buyer or the recipient of the Order on the document signed for the Chronopost delivery person.

In the event of an anomaly observed outside the presence of the Chronopost employee:

Report the damage or shortcomings observed and make all claims and reservations to Incenza.com Customer Service.

5.3.1.4 Colissimo International delivery

Do not open the parcel. Warning: opening the parcel excludes any recourse against the local postal service, ColiPoste and Incenza.com.

Return the unopened parcel to the local post office within five working days from delivery.

Have an anomaly report drawn up (the name varies depending on the country).

Report the anomaly to Incenza.com Customer Service.

5.3.1.5 Store collection

Products collected from the physical point of sale are made available to the Buyer in the same way as if purchased in-store. The products are therefore not protected for transport, the risks of which remain borne by the Buyer. The products are delivered in a shopping bag chosen by Incenza.com. When collecting the order, a valid identity document must be presented and must correspond to the identity of the person who placed the order. If the person who placed the order is unable to collect the order, that person must appoint a relative or close person, who must be in possession of a double-sided photocopy of the valid identity document of the person who placed the order, their own identity document, as well as a handwritten power of attorney, dated and signed by the principal.

Store collection may only be carried out after receipt of the email informing that the product is available at the physical point of sale. No order may be collected before receipt of this email, for any reason whatsoever.

5.3.2 Procedure that must imperatively be followed in the event of a missing or damaged product inside the parcel without visible external damage

The Buyer or the recipient of the Order must report the absence or damage of the product to Incenza.com Customer Service. Customer Service will indicate the procedure to be followed by means of a personalized response.

5.4 Delivery times

The delivery times mentioned for Metropolitan France and Monaco apply to products available immediately and take into account parcel preparation time.

Delivery times are provided for information only and may vary depending on the destination country and local customs constraints.

Delivery times for other countries: 15 working days.

Starting point of the Delivery period:

Delivery periods begin to run from the sending of the Order confirmation email.

In the event that these periods are exceeded and this is not due to a force majeure event, the Buyer may cancel the Order under the following conditions:

  • By contacting Incenza Customer Service by any means: in the “Contact us” section of the Incenza.com Site or by telephone during the service opening hours indicated in the “Contact us” section of the Incenza Site, and by expressing the wish clearly and unambiguously. The parcel must then be refused if it has already been shipped.

Article 6 - Legal Right of Withdrawal

6.1. Exercise of the legal Right of withdrawal

The right of withdrawal may be exercised in accordance with the provisions of Articles L.221-5, L.221-18, L.221-19, L.221-23 and L.221-24 of the Consumer Code, which set out the procedures for its implementation.

6.1.1. Time limit for exercising the legal right of withdrawal

In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Buyer has a period of 14 (fourteen) days to exercise the legal right of withdrawal without having to state reasons for the decision.

In accordance with the provisions of Article L.221-19 of the French Consumer Code, and Council Regulation No. 1182/71/EEC of June 3, 1971 determining the rules applicable to periods, dates and time limits, the period runs from the day after the day on which the parcel containing the ordered products is received. If the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

6.1.2 Procedures for exercising the legal right of withdrawal

In accordance with the provisions of Article L.221-21 of the French Consumer Code, the Buyer exercises the right of withdrawal by informing the Seller of the decision to withdraw by sending, before expiry of the period provided for in Article L.221-18, the withdrawal form or any other unambiguous statement expressing the wish to withdraw.

To exercise the legal right of withdrawal, the Buyer may in particular use the model withdrawal form appearing in the appendix to these General Terms and Conditions of Sale and send it to the following address: 99 avenue du Prado - 13008 Marseille, or send it by email to the following address: contact@incenza.com.

6.1.3. Products excluded from the legal right of withdrawal

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised for Orders relating to the supply of goods that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection. In addition, gift sets that do not provide these hygiene guarantees due to their unsealed nature cannot be subject to the legal right of return.

Consequently, the Buyer is warned that the Buyer may not assert the right of withdrawal for products unsealed by the Buyer where new marketing by Incenza.com would present risks for reasons of hygiene or health protection for consumers, such as Care Products including creams and lotions, Makeup Products or perfumes.

These provisions apply without prejudice to the warranties provided for in the other articles of these GTCS, which remain fully applicable.

6.2. Return and Refund Procedures under the legal Right of withdrawal

6.2.1 Refund period

Products subject to the exercise of the legal right of withdrawal shall be refunded to the Buyer no later than fourteen days from the date on which FDP is informed of the consumer’s decision to withdraw, in compliance with the conditions provided for in Article L.221-24 of the Consumer Code. However, the refund is deferred until the Seller has recovered said products, or until the Buyer has provided proof of shipment of the goods, whichever occurs first.

6.2.2. Return procedures - General provisions applicable to all return methods (store return and return by mail/parcel)

Products must imperatively be returned to FDP in a condition suitable for resale (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within 14 days following notification to the Seller of the decision to withdraw, in accordance with the provisions of Article L.221-23 of the Consumer Code. Returns of products sent back after this period will not be accepted. Products must also be accompanied by the Order number transmitted with the products or appearing on any other digital or paper document relating to that Order.

6.2.2.1 Store return

Store returns are possible at France DIFFUSION PARFUMS - 99 avenue du Prado - 13008 Marseille, subject to compliance with the conditions provided for under the legal right of withdrawal.

6.2.2.2 Return by parcel

The Buyer who wishes to exercise the legal right of withdrawal by returning a product must follow the following instructions:

  • Use the original packaging to return the product(s) concerned.

  • Preferably use the Colissimo return slip made available in order to facilitate processing of the request.

  • Send the parcel or letter to the following address:

France DIFFUSION PARFUMS

99 avenue du Prado - 13008 Marseille

6.2.3. Return costs

In accordance with Article L.221-23 of the French Consumer Code, the cost of returning products remains payable by the Buyer, who bears the direct costs of returning the products.

7. Legal Warranty of Conformity and Warranty against Hidden Defects

All products sold on the Site benefit from the legal warranty of conformity (as defined in Articles L.217-4 and following of the Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 and following of the Civil Code), allowing the Buyer to return defective or non-compliant products free of charge.

7.1. Legal warranty of conformity

Article L.217-4 of the French Consumer Code provides: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

According to Article L.217-5: The goods comply with the contract:

1° If they are suitable for the use usually expected of similar goods and, where applicable:

  • if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;

  • if they have the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the producer or the producer’s representative, particularly in advertising or labeling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.

When acting under the legal warranty of conformity, the Buyer:

benefits from a period of two years from delivery of the goods to act;

may choose between repair or replacement of the goods;

is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, except for second-hand goods;

may decide that the legal warranty of conformity applies independently of any commercial warranty that the seller may have granted to the consumer;

may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Buyer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

7.1.2 Warranty against hidden defects

The French Civil Code provides the following in terms of warranty against hidden defects:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would have paid only a lower price for it, had the buyer known of them.

Article 1648, paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

7.1.3 Exclusion of warranties

Products modified, repaired, incorporated or added by the Buyer are excluded from the warranty. The warranty shall not apply to apparent defects. The warranty shall not cover products in the event of misuse.

7.2 Procedures for implementing legal warranties

For any request concerning legal warranties, the Buyer must contact Customer Service via the “Contact us” section of the Incenza.com Site or by telephone during the service opening hours indicated in the “Contact us” section of the Incenza.com Site.

These provisions do not exclude the right of withdrawal.

7.3 Consequences of implementing warranties

Within the framework of the legal warranty of conformity, France Diffusion Parfums undertakes, at the Buyer’s choice:

  • Either to replace the product with an identical product depending on available stock;

  • Or to refund the price of the product if replacement of a product proves impossible.

Within the framework of the legal warranty against hidden defects, France Diffusion Parfums undertakes, according to your choice and after assessment of the defect:

  • Either to refund the full price of the returned product;

  • Or to refund part of the price of the product if the Buyer decides to keep the product.

Article 8 - Retention of title

All figurative or non-figurative trademarks and all illustrations, images, logos and any content appearing on the Incenza.com Site are and shall remain the exclusive property of France Diffusion Parfums or of the holder of the relevant intellectual property rights.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the Site, for any reason and on any medium whatsoever, without the express, written and prior agreement of France Diffusion Parfums or of the holder of the relevant intellectual property rights, is strictly prohibited. The same applies to all copyrights, designs and models, and patents appearing and/or used on the Site.

Article 9 - Intellectual property

France Diffusion Parfums works to protect the personal information of its customers by ensuring a high level of security, but the Buyer also has a role to play in protecting personal data. In particular, the Buyer must maintain the security of online transactions, for example by not disclosing to anyone the username (the Buyer’s email address) and/or password and by changing the password regularly. In this respect, France Diffusion Parfums cannot be held responsible for the disclosure of information concerning the Buyer to any individual who has used the Buyer’s username (the Buyer’s email address) and/or password.

In this respect, the use of the Buyer’s username (the Buyer’s email address) and/or password shall constitute proof of identity and, upon validation of the Order, enforceability of the corresponding amounts. France Diffusion Parfums may under no circumstances be held responsible for fraudulent use of this information.

The provision of the bank card number and final validation of the Order shall constitute proof of acceptance of said Order and shall make payable the amounts incurred by entering the products appearing on the Order. The computerized records kept in the computer systems of France Diffusion Parfums and its partners shall be considered proof of the communications, Orders and payments made between the Parties.

Article 10 - Signature and proof

France Diffusion Parfums makes every effort to protect the personal information of its customers by ensuring a high level of security. However, the Buyer must play an active role in protecting personal data. In particular, the Buyer must maintain the security of online transactions, for example by not disclosing to anyone the username (the Buyer’s email address) and/or password and by changing the password regularly. In this respect, France Diffusion Parfums cannot be held responsible for the disclosure of information concerning the Buyer to any individual who has used the Buyer’s username (the Buyer’s email address) and/or password. In this respect, the use of the Buyer’s username (the Buyer’s email address) and/or password shall constitute proof of identity and, upon validation of the Order, enforceability of the corresponding amounts. France Diffusion Parfums may under no circumstances be held responsible for fraudulent use of this information. The provision of the bank card number and final validation of the Order shall constitute proof of acceptance of said Order and shall make payable the amounts incurred by entering the products appearing on the Order. The computerized records kept in the computer systems of France Diffusion Parfums and its partners shall be considered proof of the communications, Orders and payments made between the Parties.

Article 11 - Liability

11.1 Capacity

Prior to placing the Order, the Buyer declares that the Buyer has full legal capacity, allowing the Buyer to be bound by these General Terms and Conditions of Sale. France Diffusion Parfums may under no circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person without legal capacity orders items on the Incenza.com Site, that person’s legal representatives, guardians or curators shall assume full responsibility for that Order and shall in particular honor the price thereof. France Diffusion Parfums shall not be liable for any indirect damage, operating loss, loss of turnover or commercial damage suffered by the Buyer.

11.2 Limitation of liability

The liability of France DIFFUSION PARFUMS under the obligations of these General Terms and Conditions of Sale may not be incurred in the event of fault by the Buyer, or upon the occurrence of a force majeure event as defined by French courts, or any other event that was not reasonably under the exclusive control of France DIFFUSION PARFUMS.

Article 12 - “Information Technology and Civil Liberties”

See our Charter relating to the confidentiality of personal data and the use of cookies.

Article 13 - Confidentiality and Use of Cookies

See our legal notice and our Charter relating to the confidentiality of personal data and the use of cookies.

Article 14 - Applicable law and competent jurisdiction

Sales of products by France DIFFUSION PARFUMS are governed by French law regardless of the Buyer’s country of residence and the place where the Order is placed. Any dispute relating to the existence, interpretation, performance or termination of the contract concluded between FDP and the User or Buyer, even in the event of multiple defendants, shall, failing amicable agreement, fall under the exclusive jurisdiction of the competent French courts pursuant to the rules laid down by the French Code of Civil Procedure.

Article 15 - Mediation and Dispute Resolution

“In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, INCENZA adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling), whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written action by consumers toward INCENZA, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful. To learn how to refer a matter to the Mediator, click here.”

Appendix 1: Model withdrawal form

(Please complete and return this form, indicating your order number, if you wish to exercise your right of withdrawal.

to Incenza.com, 99 avenue du Prado, 13008 Marseille

By email: contact@incenza.com

I hereby notify my right of withdrawal from the contract relating to the sale of the item below:

  • Order No.:              dated:

  • Received on:

  • Name of consumer(s):

  • Address of consumer(s):

  • Signature of consumer(s) (only in case of notification of this form on paper):

  • Date:

For any information, you may contact Customer Service at the cost of a local call from France, or at +334 12 24 00 10 from abroad, during the service opening hours indicated in the “Contact us” section of the Incenza.com Site.

For any question relating to tracking your order or to a return, you may contact us at 04 12 24 00 10 from France, or at +334 12 24 00 10 from abroad, during the service opening hours indicated in the “Contact us” section of the Incenza.com Site.

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