GTC
Terms of Sales
These General Terms and Conditions of Sale and Use of the www.spiritum-paris.com website (the "General Terms") govern the online sales conditions for products distributed by SPIRITUM, as well as access to and use of the www.spiritum-paris.com website. They are concluded between the company SPIRITUM, a simplified joint-stock company, located at 4 avenue du Coq 75009 PARIS, registered with the Paris Trade and Companies Register under number 849 299 361 ("SPIRITUM" and/or "We") and a buyer "the Buyer" (also "You").
PREAMBLE
SPIRITUM offers perfumery products for consumers, marketed notably through its website www.spiritum-paris.com (the "Website") and its physical store located at 36 rue Jacob, 75006 PARIS, listed in Appendix 1 (the "Products"). The available Products are subject to change.
The purchase of Products as well as access to and use of the Website are based on the assumption that You have read, understood, and accepted, without any reservation, these General Terms.
SPIRITUM may modify or update all or part of the General Terms. Any modification or update of the General Terms takes effect and will be enforceable upon its publication. This modification may occur depending on the development of the Website, legal or jurisprudential changes, or decisions or recommendations from the CNIL.
SPIRITUM will also inform the Buyer of the modification by email, at least 15 days before the effective date. If the Buyer does not agree with the terms of the new wording of the Conditions, the Buyer must not use the Website and must not purchase Products.
Therefore, SPIRITUM asks You to regularly consult the General Terms to be aware of the most recent version.
If you have any questions regarding these General Terms or if you wish to report any issue related to the Products, please contact us by email at contact@spiritumparis.com or by mail at the following address: 4 avenue du Coq 75009 PARIS.
Article 1 – Use of the Website and Product Order(s)
- Eligibility
To make a purchase via the Website or to use any of the Website's features, You may create a personal account (the "Personal Account"). However, ordering one or more Products is not conditional on creating a Personal Account.
If You create a Personal Account, You must provide us with information about Yourself, which includes your name, phone number, and email address, which must be accurate, up-to-date, and complete in all respects.
In case of any change to the information provided during your registration, you must immediately update your Personal Account.
In addition, when placing any order, you must provide bank details. You hereby declare and guarantee that the bank details provided when placing any order are both valid and correct and that you are indeed the person whose name appears on the billing documents submitted.
The purchase of Products via the Website is strictly limited to Buyers who can legally enter into contracts on the Website in accordance with French law.
- Order Modification
The Buyer may modify their cart as long as they have not yet confirmed their order by clicking on the "Place Order" button or equivalent, on the last page of the ordering process.
- Confirmation and Acceptance of your order.
SPIRITUM will confirm your order by sending an email including your order number. In the event that the ordered Product(s) is/are no longer available, SPIRITUM will not be able to confirm your order.
However, if SPIRITUM is unable to fulfill your order after confirming it, SPIRITUM will notify you as soon as possible by phone or email and will proceed with the refund of your order.
Following the confirmation of your order, We will confirm its shipment by sending a new email.
If you wish to obtain information relating to your order, You can contact SPIRITUM, specifying your order number, at the following email address: contact@spiritumparis.com
- Receipt of your order
SPIRITUM invites you to inspect the Products upon receipt and verify that everything mentioned on the delivery note is present. SPIRITUM will consider the order accepted unless You notify us otherwise by email at: contact@spiritumparis.com no later than the first working day following the delivery of your order.
Article 2 – Product Availability
All Products are offered by SPIRITUM on the Website subject to their availability.
The prices indicated on the Website will apply to your order. SPIRITUM will do what is necessary to inform you of the unavailability, if any, of certain Products.
Article 3 – Financial Conditions – Prices
The price of Products marketed on the Website are indicated in Euros, all taxes included (TTC). Prices are indicated on the Product pages.
Prices do not include specific shipping costs; if applicable, delivery costs may be charged to the Buyer. For all products shipped outside the European Union and/or French Overseas Departments and Territories, the price is calculated ex-tax, automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of SPIRITUM. They will be borne by the Buyer and are their responsibility (declarations, payment to competent authorities, etc.). SPIRITUM therefore invites the Buyer to inquire about these aspects with the corresponding local authorities.
SPIRITUM reserves the right to modify its prices at any time. However, SPIRITUM undertakes to invoice Products based on the prices in force at the time of order validation by the Buyer.
Telecommunication costs necessary for accessing the Company's Website are borne by the Buyer.
Payment for the Order by the Buyer will only be considered final after effective collection by SPIRITUM. SPIRITUM may refuse your order if SPIRITUM cannot obtain authorization for your payment for your order.
Payment for the Order may be made by credit card.
Article 4 – Delivery
Deliveries can only be made to the countries offered at the time of your order. If you have any questions regarding delivery outside metropolitan France, we advise you to contact SPIRITUM at +(33).7.49.36.15.23 or by email at: contact@spiritumparis.com. SPIRITUM will deliver the Products in accordance with the delivery method chosen by the Buyer.
Article 5 – Right of Withdrawal
The Buyer has a right of withdrawal in accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, which they may exercise without having to justify their decision within fourteen (14) days from the delivery of the Products.
When the fourteen (14) day period mentioned above expires on a Saturday, Sunday, or public holiday or non-working day in France, it is extended until the next working day.
To do so, the Buyer must send SPIRITUM their decision to withdraw by any means before the expiry of the aforementioned period, notably:
- Either by email with acknowledgment of receipt to the email address: contact@spiritumparis.com
- Or by registered letter with acknowledgment of receipt to the postal address: 4 avenue du Coq 75009 PARIS
A standard withdrawal form is made available to the Buyer via the following link: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032887061
You will then have a maximum period of fourteen (14) days to return the ordered Product(s) to SPIRITUM. The refund of your order will be made within fourteen (14) days from the date of receipt of the returned Product(s) by SPIRITUM.
In case of withdrawal according to the terms mentioned above, the Buyer will be refunded the entire price paid during their order (including delivery costs).
In case of non-compliance with the refund period mentioned above, the amounts due will be increased, in accordance with Article L.242-4 of the Consumer Code.
The right of withdrawal is conditional on the return of the ordered Product(s) in its original unopened packaging.
Article 6 – Website Availability
The Website is accessible twenty-four hours a day, seven days a week, except in cases of force majeure as defined in Article 1218 of the Civil Code.
The Buyer also acknowledges that access to the Website may be temporarily suspended in the event of necessary maintenance interventions for the proper functioning of the Website. SPIRITUM undertakes to do its utmost to limit said suspension.
However, SPIRITUM disclaims all responsibility for damages resulting from the inaccessibility to the Website caused by viruses, corrupted files, errors, omissions, service interruptions, content deletions, network problems, providers or telephone and/or data transmission connections, unauthorized access, data modifications, failures and/or malfunctions of the Buyer's electronic equipment.
The management and maintenance of the Website are ensured by SPIRITUM or by third parties mandated by it. For any assistance, the Buyer must contact SPIRITUM by email at: contact@spiritumparis.com
SPIRITUM will personally ensure that corrective maintenance interventions are carried out so as not to prevent or hinder access to the Website by the Buyer.
Article 7 – Website Evolution
The services offered by SPIRITUM through the Website may evolve at any time in order to add new functionalities.
As such, the Buyer acknowledges that SPIRITUM may modify at any time the elements composing the Website, its presentation, and its operation.
Thus, the Buyer acknowledges that SPIRITUM's liability cannot be engaged in case of evolution of the Website.
Article 8 – Buyer's Commitments and Obligations
By accepting the General Terms, the Buyer declares:
- to have read the General Terms in their entirety;
- to have full capacity, power, and authority to conclude and execute the General Terms;
- that the conclusion of the General Terms does not contravene any legislative, regulatory, statutory provision or contractual stipulation applicable to them;
- that they have suitable computer equipment and a sufficient internet connection to access the Website;
- that they refrain from taking any action likely to interrupt access to the Website, restrict its availability, or any of the services offered therein. Any fraudulent intrusion, or attempt at fraudulent intrusion into the Website, data misappropriation, infringement of security and authentication measures give rise to legal proceedings for the benefit of SPIRITUM.
Any serious breach by the Buyer and/or User of any of their commitments under these General Terms, not remedied within fifteen (15) days from the receipt of a registered letter with acknowledgment of receipt or an email with acknowledgment of receipt sent by SPIRITUM, entitles SPIRITUM to delete the User's Personal Account, depending on the severity of the facts.
Article 9 - Intellectual Property Rights
All rights, including copyrights and moral rights, relating to the Products and/or the Website are the property of SPIRITUM. Any use of the Website or its content, including by copying or saving it in whole or in part, is prohibited without our prior consent. You may not modify, delete, disseminate, or publish anything on the Website for any purpose whatsoever.
Article 10 – Personal Data
As data controller, SPIRITUM undertakes to comply with the provisions of the General Data Protection Regulation which came into force on May 25, 2018, as well as the provisions of the "Informatique et Libertés" law of January 6, 1978, as amended since January 1, 2019.
- Personal data (any information relating to a natural person directly or indirectly identified or identifiable) that may be collected by SPIRITUM, for purposes including the processing and management of orders, are as follows:
- Opening a Personal Account
When the Buyer creates a Personal Account on the Website, their surname, first name, and email address will be collected.
- Login
When the Buyer logs into their Personal Space on the Website, We record, in particular, their surname, first name, location data, and payment-related data.
- Profile
The creation of a Personal Space by the Buyer on the Website allows them to fill in a profile, which may include an address and a phone number.
- Order and Payment
Within the framework of payment for the purchase of one or more Products, We record your surname, first name, personal address, email address, as well as financial data relating to the Buyer's bank account or credit card for the sole purpose of allowing payment of the price related to the Products and their delivery.
- Cookies
Cookies are used within the framework of the use of the Website. The User has the option to disable cookies from their browser settings.
- Up-to-date Data
The data provided by the Buyer must be accurate and up-to-date. The Buyer is invited to inform SPIRITUM if their personal data needs to be updated.
- Use of Personal Data
The personal data that may be collected from the Buyer, and based on the Buyer's consent, aim to pursue the legitimate purposes pursued by the Buyer, and notably the provision of services offered by SPIRITUM, their improvement, and the maintenance of a secure environment. More precisely, the uses of personal data are as follows:
- access and use of the Website by the Buyer;
- purchase of Products by the Buyer and shipment of Products by Spiritum;
- management of the Website's operation and optimization;
- prevention and detection of fraud, malware (malicious software) and management of security incidents on the Website;
- management of any disputes with Buyers;
- sending commercial and advertising information, according to the Buyer's preferences entered when creating their Account.
- Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
- when the Buyer uses payment services, for the implementation of these services, SPIRITUM works with third-party banking and financial companies with which it has entered into contracts;
- if required by law, SPIRITUM may transmit data to respond to claims made against SPIRITUM and to comply with administrative and judicial procedures;
- if SPIRITUM is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be required to sell or share all or part of its assets, including personal data. In such a case, Buyers would be informed before the personal data is transferred to a third party.
For information purposes, by accepting these General Terms and Conditions, the Buyer expressly authorizes SPIRITUM to use the subcontractors listed in Appendix I.
- Security and confidentiality
SPIRITUM implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and SPIRITUM cannot guarantee the security of the transmission or storage of information on the internet.
SPIRITUM declares that the Buyer's personal data is hosted in France. Any change in the hosting location of said data will be subject to the Buyer's prior written consent.
- Retention period
SPIRITUM retains the Buyer's personal data only for the time necessary for the operations for which it was collected and in compliance with applicable regulations.
Personal data relating to the management of the Buyer's account is retained for the period necessary for the proper management of the contractual relationship and then archived for two (2) years, except for billing data which is retained for the legal retention period of ten (10) years.
- Implementation of the Buyer's rights
In accordance with the regulations applicable to personal data, SPIRITUM informs in these General Terms and Conditions that Buyers have the following rights:
- Buyers can update or delete their data by logging into their Personal Space and configuring their Personal Space settings;
- Buyers can delete their Personal Space by writing to the following email address: contact@spiritumparis.com.
- Buyers can exercise their right of access to know the personal data concerning them by writing to the following email address: contact@spiritumparis.com. In this case, before implementing this right, SPIRITUM may request proof of the Buyer's identity to verify its accuracy;
- if the personal data held by SPIRITUM is inaccurate, the Buyer may request the updating of the information by writing to the following email address: contact@spiritumparis.com;
- Buyers can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@spiritumparis.com.
Article 11 – Miscellaneous
- These General Terms and Conditions represent the entirety of the provisions organizing and governing the conditions for the purchase of Products and the access and use of the Website by the Buyer.
- Should any of the provisions of these General Terms and Conditions be annulled, such annulment shall not invalidate the other provisions of the General Terms and Conditions, which shall remain in force and enforceable against the Buyer.
- The failure of SPIRITUM or the Buyer to invoke a commitment by the Buyer to any of the obligations set forth in these General Terms and Conditions shall not be interpreted as an acquiescence to or waiver of the obligation in question.
- SPIRITUM may transfer its rights and obligations hereunder to another legal entity, and the Buyer will be notified in writing if applicable, but this will not affect your rights and obligations hereunder. You may only transfer your rights and obligations hereunder to another person if SPIRITUM has previously agreed in writing.
- For the performance of these presents, SPIRITUM elects domicile at its registered office indicated at the beginning of the General Terms and Conditions.
Article 12 - Applicable law and dispute resolution
If, after contacting us and following the complaint procedure, you still feel that your complaint has not been resolved satisfactorily, you may use a mediator free of charge in accordance with Article L. 612-1 of the Consumer Code.
You can also use the Online Dispute Resolution platform set up by the European Commission:
Failing an amicable solution, the law applicable to these presents is French law.
Any dispute arising during the interpretation, execution or termination of this commitment will be submitted to the competent courts according to the rules of common law.
APPENDIX 1 – PRODUCTS