Terms of Sales
These general conditions of sale and use of the website www.spiritum-paris.com (the “ General Conditions ”) govern the conditions of online sale of products distributed by SPIRITUM as well as access and use of the website www.spiritum-paris.com are concluded between the company SPIRITUM, a simplified joint stock company, located at 4 avenue du Coq 75009 PARIS, registered in 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 to consumers, marketed in particular 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 Products available are subject to change.
The purchase of the Products as well as access and use of the Site are based on the assumption that You have read, understood and accepted, without any reservation, these General Conditions.
SPIRITUM may modify or update all or part of the General Conditions. Any modification or update of the General Conditions comes into force and will be enforceable upon its publication. This modification may occur depending on the development of the Site, legal or jurisprudential developments or decisions or recommendations of the CNIL.
SPIRITUM will also inform the Buyer of the modification by electronic mail, within a minimum period of 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 Site and must not purchase Products.
Consequently, SPIRITUM asks You to regularly consult the General Conditions in order to know the most recent version.
If you have any questions regarding these Terms and Conditions or wish to raise any issues with us regarding the Products, please contact us by email at contact@spiritumparis.com or by mail to the following address: 4 avenue du Coq 75009 PARIS.
Article 1 – Use of the Website and Order of Product(s)
- Eligibility
To make a purchase via the Website or to use one of the features of the Website, You have the option of creating a personal account (the “Personal Account ”). However, the order of one or more Products is not conditional on the creation of a Personal Account.
If you create a Personal Account, You must provide us with information about You, including your name, telephone number and email address, which must be accurate, current and complete in all respects.
If the information provided during your registration changes, you must immediately modify your Personal Account.
In addition, when placing any order, you will need to provide bank details. You thus declare and guarantee that the bank details provided during any order are both valid and correct and that you are the person whose name appears on the billing documents transmitted.
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 can modify their basket as long as they have not yet validated their order by clicking on the “Place Order” button or equivalent, on the last page of the order 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 Product(s) ordered are no longer available, SPIRITUM will not be able to confirm your order.
However, in the event that SPIRITUM is unable to honor your order after having confirmed it, SPIRITUM will notify you as soon as possible by telephone or email and will reimburse your order.
Following confirmation of your order, We will confirm the shipment of your order 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 check that everything mentioned on the delivery note is present. SPIRITUM will consider acceptance of the order unless You notify us otherwise by email to the address: contact@spiritumparis.com no later than the first working day following delivery of your order.
Article 2 – Availability of Products
All Products are offered by SPIRITUM on the Website subject to their availability.
The prices indicated on the Website will apply when you order. SPIRITUM will do what is necessary to inform you of the unavailability, where applicable, of certain Products.
Article 3 – Financial conditions – Prices
The price of the Products sold on the Site are indicated in Euros, all taxes included (TTC). Prices are indicated on the Product pages.
Prices exclude specific shipping costs; where applicable, delivery costs may be payable by the Buyer. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes, automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the jurisdiction of SPIRITUM. They will be the responsibility of the Buyer and are his responsibility ( declarations, payment to the competent authorities, etc. ). SPIRITUM therefore invites the Buyer to obtain information on these aspects from the corresponding local authorities.
SPIRITUM reserves the right to modify its prices at any time. However, SPIRITUM undertakes to invoice the Products on the basis of the prices in force at the time the order is validated by the Buyer.
The telecommunications costs necessary for access to the Company's Website are the responsibility of the Buyer.
Payment of 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 relating to your payment for your order.
Payment for the Order can 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 mainland 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 he can exercise without having to give reasons for your decision within fourteen (14) days from of delivery of the Products.
When the period of fourteen (14) days mentioned above expires on a Saturday, Sunday or public holiday in France, it is extended until the first following working day.
To do this, the Buyer must send SPIRITUM his decision of withdrawal by any means before the expiration of the aforementioned period, in particular:
- Either by email with acknowledgment of receipt to the email address: contact@spiritumparis.com
- Either 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 Product(s) ordered to SPIRITUM. Your order will be refunded within fourteen (14) days from the date of receipt of the Product(s) returned by SPIRITUM.
In the event of withdrawal according to the terms referred to above, the Buyer will be refunded the entire price paid when ordering (including delivery costs).
In the event of non-compliance with the reimbursement deadline 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 Product(s) ordered in its original, unopened packaging.
Article 6 – Availability of the Website
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 possible maintenance interventions necessary for the proper functioning of the Website. SPIRITUM undertakes to do what is necessary to limit said suspension as much as possible.
However, SPIRITUM disclaims any liability for damages resulting from inaccessibility to the Website caused by viruses, corrupted files, errors, omissions, interruptions of service, deletions of content, problems with the network, providers or telephone connections and /or data transmission, unauthorized access, data modification, 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 the address: contact@spiritumparis.com
SPIRITUM will be responsible for carrying out corrective maintenance interventions so as not to prevent or hinder access to the Website by the Buyer.
Article 7 – Evolution of the Website
The services offered by SPIRITUM through the Website may evolve at any time so that new functionalities may be added.
As such, the Buyer acknowledges that SPIRITUM may modify at any time the elements making up the Website, its presentation and its operation.
Thus, the Buyer acknowledges that SPIRITUM cannot be held liable in the event of changes to the Website.
Article 8 – Commitments and Obligations of the Buyer
The Buyer declares by his acceptance of the General Conditions:
- have taken full knowledge of the General Conditions;
- have full capacity, power and authority to enter into and execute the General Conditions;
- that the conclusion of the General Conditions does not contravene any legislative, regulatory, statutory or contractual provision applicable to it;
- that he has suitable computer equipment and a sufficient internet connection to access the Website;
- that it refrains from carrying out any action likely to interrupt access to the Website, to restrict its availability, or any of the services offered there. Any fraudulent intrusion, or attempted fraudulent intrusion into the Website, misappropriation of data, breach of security and authentication measures gives rise to legal proceedings for the benefit of SPIRITUM.
Any serious breach by the Buyer and/or User of any of its commitments under these General Conditions, not remedied within fifteen (15) days from receipt of a registered letter with acknowledgment of receipt or an email with acknowledgment of receipt sent by SPIRITUM entitles SPIRITUM to the deletion of the User's Personal Account, depending on the seriousness of the facts.
Article 9 - Intellectual property rights
All rights, including copyright and moral rights, relating to the Products and/or the Website are the property of SPIRITUM. Any use of the Website or its content, in particular by copying or recording it in whole or in part, is prohibited without our prior consent. You may not modify, delete, distribute or publish anything on the Website for any purpose.
Article 10 – Personal data
As data controller, SPIRITUM undertakes to comply with the provisions of the General Data Protection Regulations 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 directly or indirectly identified or identifiable natural person) which may be collected by SPIRITUM, in particular for the purposes of processing and managing orders, is as follows :
- Opening a Personal Account
When a Personal Account is created by the Buyer on the Website, their name, first name, and email address will be collected.
- Connection
When the Buyer connects to his Personal Space on the Website, We record, in particular, his name, first name, location data and data relating to payment.
- Profile
The creation of a Personal Space by the Buyer on the Website allows him to provide a profile, which may in particular include an address and a telephone number.
- Order and Payment
As part of the payment for the purchase of one or more Products, We record your name, first name, personal address, email address as well as financial data relating to the Buyer's bank account or credit card for the purposes of unique to allow the payment of the price relating to the Products and their delivery.
- Cookies
Cookies are used as part of the use of the Website. The User has the option of deactivating 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 in the event that his personal data needs to be updated.
- Use of personal data
The personal data which may be collected from the Buyer, and on the basis of the Buyer's consent, have the objective of pursuing the legitimate purposes pursued by the Buyer and in particular the provision of the services offered by SPIRITUM, their improvement and the maintenance of a secure environment. More specifically, 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 the Products by Spiritum;
- management of the operation and optimization of the Site;
- prevention and detection of fraud, malware ( malicious software ) and management of security incidents on the Website;
- management of possible disputes with Buyers;
- sending commercial and advertising information, based on the Buyer's preferences provided when creating their Account.
- Sharing 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 is in contact with third-party banking and financial companies with which it has entered into contracts;
- if required by law, SPIRITUM may transmit data to pursue claims made against SPIRITUM and to comply with administrative and legal procedures;
- If SPIRITUM is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, Buyers would be informed, before personal data is transferred to a third party.
For information purposes, the Buyer, by accepting these General Conditions, expressly authorizes SPIRITUM to use the subcontractors listed in Appendix I.
- Security and Privacy
SPIRITUM implements organizational, technical, software and physical measures in terms of digital security 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 modification to the location of said data will be subject to prior written agreement from the Buyer.
- The duration of the conversation
SPIRITUM only retains the Buyer's personal data for the time necessary for the operations for which they were collected and in compliance with applicable regulations.
Personal Data relating to the management of the Buyer's account is kept for the period necessary for the proper management of the contractual relationship then archived for two (2) years, except billing data which is kept for the legal retention period. ten (10) years old.
- Implementation of the Buyer's rights
In accordance with the regulations applicable to personal data, SPIRITUM hereby informs that Buyers have the following rights:
- Buyers can update or delete the data that concerns them by connecting to their Personal Space and configuring the settings of their Personal Space;
- 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 in order to verify its accuracy;
- if the personal data held by SPIRITUM is inaccurate, the Buyer may request that the information be updated by writing to the following email address: contact@spiritumparis.com ;
- Buyers may 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 Conditions represent the entirety of the provisions organizing and governing the conditions of purchase of the Products and the access and use of the Site by the Buyer.
- If any of the provisions of these General Conditions were canceled, this nullity would not result in the nullity of the other provisions of the General Conditions which will remain in force and enforceable against the Buyer.
- The fact that SPIRITUM or the Buyer does not take advantage of a commitment by the Buyer to any of the obligations provided for in these General Conditions cannot be interpreted as an acquiescence or a 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 necessary 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 to this in writing.
- For the execution of these terms, SPIRITUM elects domicile at its head office indicated at the top of the General Conditions.
Article 12 - Applicable law and dispute resolution
If, after contacting us and at the end of the complaints procedure, you still have the feeling that your complaint has not been resolved satisfactorily, you can call on 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:
In the absence of an amicable solution, the law applicable herein 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.
ANNEX 1 – PRODUCTS