Terms and Conditions

Preamble

These general terms and conditions of sale (hereinafter the “GTCS”) govern the contractual relations between the company CLD CREATION LUXE DESIGN (hereinafter “the Seller”) and any natural person (hereinafter “the Customer”) making a purchase of perfumery products and/or accessories (hereinafter “the Product(s)”) from the MANCERA brand (hereinafter “the Brand”) remotely via the Internet site of the Seller, manceraparfums.com (hereinafter “the Site”).

Any Order placed on the site constitutes the customer’s unreserved acceptance of these GTCS.

These general terms and conditions of sale are governed by French law, to the exclusion of any provisions that refer to the application of a foreign law that is more favourable to the consumer.

1. Legal information

In accordance with articles L.221-5 and L.616-1 of the French Consumer Code, the following information is provided to the Customer:

• Company: CLD CREATION LUXE DESIGN
• Registered office: 68 rue Pierre Charron, 75008 Paris, France
• Telephone number Customer Service: +33 1 89 20 20 93
• Email address: sav@manceraparfums.com
• Company registration number attheRCS: 511 450 421 00033
• Intra-community VAT number: FR37511450421
• Website host: OVH SAS, 2 rue Kellermann 59100 Roubaix, France, Tel: 1007.

The technical and editorial management of the Site is operated by the Seller, who is the publisher.

2. Subject

These general terms and conditions of sale (GTCS) are intended to establish the rights and obligations of the parties concerning the online sale of the Brand’s products offered by the Seller on the Site.

The GTCS set out all the steps involved in placing an order, as well as its follow-up between the Parties. They apply exclusively to the online sale of the Brand's products on the Site, which is freely accessible to all Internet users.

Together with the order confirmation email and the invoice, these GTCS constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogues or photographs of the brand’s products, which are for information purposes only.

By placing an order for a Product on the Site, the Customer acknowledges that they have read the General Terms and Conditions of Sale and the Data Privacy Policy[insert up-to-date link] concerning data accessible on the Site, and that they accept them without restriction prior to any order confirmation.

3. Field of application

These GTCS apply to products delivered to customers established in the following countries:

Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guadeloupe, French Guiana, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Martinique, Mayotte, Norway, Netherlands, Poland, Portugal, Réunion Island, Romania, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom.

4. Availability, Enforceability and Validity

These General Terms and Conditions of Sale are made available to Customers on the Seller’s website, where they can be consulted directly via a hypertext link entitled”General Terms and Conditions of Sale” accessible at the bottom of the Site’s homepage.

By placing an order for a Product on the Site, the Customer acknowledges having read the General Terms and Conditions of Sale and having accepted them without restriction. This acceptance is in no way conditional on a handwritten signature from the Customer.

Confirmation of the order implies acceptance by the Customer of the GTCS in force on the day of the order, which are kept and reproduced by the professional Seller. The Customer is also invited to read the GTCS carefully, download and print them, and keep a copy.

If any provision of these GTCS is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GTCS remain unchanged and continue to apply.

The temporary or permanent non-application of one or more clauses of the GTCS by the Professional Seller shall not constitute a waiver of the other clauses of the GTCS, which shall continue to have effect.

5. Changes

The Seller reserves the right to update the GTCS at any time without any further formality other than posting a new amended version online.

However, it is understood that the GTCS applicable to any order are those accepted by the Customer at the time of validating his/her order, which are kept and reproduced by the Seller.

6. Products

6.1. Product presentation

The Products governed by these GTCS are those which appear on the Site and which are indicated as sold and dispatched by the Seller. Each Product is accompanied by a description drawn up by the Seller as accurately as possible on the day the Customer consults the Site. The products are offered while stocks last.

The Seller reserves the right to modify the range of Products on sale on the Site at any time.

The Products offered for sale on the Site are each described. In accordance with article L111-1 of the French Consumer Code, the Customer is advised to consult the description of each Product in order to find out more about the Product in question, particularly with regard to the characteristics sought by the Customer, as the Customer is solely responsible for the choice and purchase of a Product.

The list of ingredients for each Product can be consulted by clicking on”PRODUCT COMPOSITION”.

6.2. Product availability

The products are offered while stocks last. Information on the availability of Products is provided when the order is placed, on the page for each Product.

If, despite the Seller's vigilance, the Products ordered are no longer available, the Seller shall inform the Customer by any means as soon as possible and may offer them a Product of equivalent quality and price.

In the event of a disagreement, the Customer will be reimbursed within fourteen(14) days of payment.

For certain Product orders, free samples may be provided at the Customer's request. However, the Seller will not be held liable if samples are unavailable. In addition, the Customer may refuse the samples offered.

Samples and other gifts are considered free commercial gifts intended for customers. These cannot be exchanged or refunded.

7. Prices

The sale prices of the Products are those in force on the day the order is placed. In the event of a sales promotion, the Seller undertakes to apply the promotional price to all orders placed during the period of the promotion indicated on the Site.

The Seller reserves the right to modify the sale prices displayed on the Site at any time, while guaranteeing the Customer the application of the price in force on the day of the order. All prices quoted are valid, except in the case of a gross error.

The total amount owed by the Customer is indicated on the order confirmation page and in the email acknowledging receipt of the order.

Depending on the destination country, the total amount due by the Customer is determined as follows:

(a) The sale prices of the Products are indicated in euros, all taxes included (TTC), including VAT and other taxes applicable on the day of the order and excluding delivery costs for the following countries:

Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

(b) The sale prices of the Products are indicated in EUROS, exclusive of taxes(HT), excluding import and export customs formalities and any customs charges incurred for the following countries:

Liechtenstein, Norway, San Marino, Switzerland, United Kingdom, Vatican City.

Delivery costs are indicated to the Customer before the order is confirmed and are invoiced in addition to the price of the Products. The prices of Products displayed on the Site do not include shipping costs. The method and amount of shipping costs are specified during the ordering process, before the order is confirmed by the Customer.

8. Order

8.1. Steps to complete the order

The Customer places their order online, directly on the Site, where they are invited to select the Products and add them to the shopping basket by clicking on the “ADD TO CART” button.

The Customer can view the summary of their order at any time by clicking on the cart. At this stage, the Customer can check the details of their order, identify any errors made in entering the data and correct them or delete one or more Products.

Once the cart has been confirmed by clicking on the”ORDER” button, the Customer is informed of the details relating to delivery, the total amount due and the payment method.

To finalisetheirorder, the Customer must:

• confirm their delivery and billing address or provide a new one for delivery and/or billing;
• read these GTCS and the Data Privacy Policy, and explicitly accept them by ticking the box “I have read and accept the GTCS and the Data Privacy Policy” before proceeding with payment of the order;
• pay the total amount of their order by clicking on the “Order” button to proceed to secure payment.

All orders imply acceptance of the prices and descriptions of the Products available for sale, and confirmation of the order implies acceptance of the GTCS and forms the contract.

The Seller will acknowledge receipt of the order as soon as it has been confirmed by sending an email to the address provided by the Customer. The sale will not be considered final until this confirmation email has been sent to the address indicated by the Customer and the full price has been received. By accepting these GTCS, the Customer formally accepts the use of electronic mail for confirmation by the Seller of the content of the order.

8.2. Order cancellation

Once payment has been confirmed, the Customer may no longer modify the order.

That said, the Customer always has the option of exercising their right of withdrawal, the terms of which are described in Article 11 “Right of withdrawal” below.

8.3. Order confirmation

The Seller reserves the right to refuse to honour an order if it is abnormal, abusive or contrary to the provisions of these GTCS.

Similarly, the Seller shall not be held liable if the proper administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the Seller’s control; or if there is a strong presumption of fraud, or if fraud has occurred in any form whatsoever, in particular by computer, in which case the Seller reserves the right to interrupt or cancel the order in progress.

In such cases, the Customer will be informed by email of the cancellation of the order and will be reimbursed for any sums paid prior to the cancellation of the order by the Seller.

Any order placed via ARAMEX, Sovereign SNS/ARAMEX/OUTALMA AER EXP or any exporting company will be cancelled immediately and will be considered illegal. The Customer account will be permanently blocked. The Seller does not authorise Products to be sent to countries not specified in the delivery conditions. Please also note that purchases made on the Site are reserved for private, non-professional customers for their own use (or as gifts).

The Seller reserves the right to refuse or cancel, for legitimate reasons, any order for which the number of Products (for a single order or several combined orders) does not correspond to the household’s typical average use; any Order which suggests that an economic activity is being carried out by the Customer in relation to the Products ordered; or more generally, any abnormal order within the meaning of the applicable case law.

Finally, the Seller reserves the right to suspend or cancel any order or delivery, regardless of its nature or stage of fulfilment, in the event of non-payment or partial payment of any sum owed by the Customer, in the event of a payment default, or any attempt at fraud previously described relating to the use of the Site.

8.4. Unavailability of products ordered

If the products ordered are unavailable, the conditions set out in article6.2 “Product availability” of these GTCS shall apply.

8.5. Retention of ownership

The Products ordered remain the property of the Seller until full payment has been received, including the principal amount of the Products and any costs and taxes shown on the invoice.

9. Payment

9.1. Payment terms

Payment is made immediately online, at the time of ordering, by credit card via the Paypal module, Apple Pay, Google Pay or any other secure payment method offered on the Site. The Seller uses a secure payment system to guarantee the confidentiality and security of the Customer's bank details.

The price is payable in full once the order has been confirmed. The Customer must also pay any compulsory taxes and duties, as well as any bank charges, which will always be payable by the Customer.

The Customer has the option to pay for part of their order on the Site via an electronic promotional code (hereinafter “Promotional Code”). The Promo Code may be used once on the Site for any order of Product(s), with only one Promo Code allowed per order. The Customer will have to complete the payment in the manner specified above to finalise the order.

9.2. Secure payment

The site is equipped with a secure online payment system enabling the Customer to encrypt the transmission of their bank details.

No bank details will be recorded by the Seller. Only the issuing organisation is responsible for entering and encrypting this data.

The payment will be considered confirmed after the issuing organisation confirms the payment authorisation. If the bank refuses the payment, the order will be automatically declined and the Seller will then be relieved of all obligations and responsibility towards the Customer.

The customer can download their invoice from their personal space in the”ORDER HISTORY AND DETAILS” section.

10. Delivery

Products are delivered to the address provided by the Customer when placing the order. Delivery times are indicated on the Site and may vary depending on product availability. In the event of late delivery, the Customer will be informed by email.

10.1. Terms of delivery

Where the Customer is eligible for delivery, the Seller undertakes to deliver to the countries listed in article 3 “Field of application” of these GTCS.

The Seller delivers the Products via the carrier "La Poste", hereinafter defined in article 10.3 “Carrier” of these GTCS. By default, Products ordered are always delivered to the address provided by the Customer.

The Seller undertakes to ensure the proper fulfilment of the order. The Customer shall bear the consequences (late delivery, failure to deliver, return of the Products, additional transport costs, etc.) arising, where applicable, from the erroneous and/or incomplete information provided by the Customer for delivery and/or the Customer’s absence at the time of delivery.

Furthermore, the Seller shall not be held liable if it proves that the non-performance or improper performance of the contract is due to:

• an act of the Customer;
• an unforeseeable and insurmountable event caused by a person who is not a party to the contract.

The Seller undertakes to deliver the Products to the carrier within forty-eight (48) working hours following receipt of the order.

For guidance, products for France are delivered within three (3) to six (6) working days after dispatch of the order, and within three (3) to seven (7) working days for Europe. In accordance with delivery standards, the parcel is sent to the postal service at the order address.

Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation email, subject to the availability of the Products, as indicated to the Customer at the time of ordering.

10.2. Delivery delays

In the event of non-delivery or late delivery, the Customer must contactCustomer Service as soon as possible. To do this, it can:

• 1) send an email to the following address: sav@manceraparfums.com, or;
• 2) call +33189202093 from Monday to Friday between 10:00a.m. and 5:30p.m. French time, excluding French public holidays.

Where appropriate, the Customer will be invited to send their request to the carrier’s customer service department.

10.3. Carrier

The Products are delivered to the address indicated by the Customer on the order form.

Delivery is made by the carrier, La Poste, which assumes responsibility once the order has been handed over to it.

The Customer may contact the carrier’s service department by following the link https://aide.laposte.fr/.

10.4. Receiving products

The risks in respect of the Products are transferred to the Customer on delivery, i.e. when the Customer (or any third party designated by the Customer) takes physical possession of the Products concerned.

On delivery of the order, the Customer must check the conformity and condition of the order in the presence of the carrier and, if necessary, express any reservations regarding apparent defects (missing product, damaged package, etc.).

It is also the responsibility of the Customer (or any third party designated by the Customer) to check the number and condition of the Products on delivery by the carrier. If the package received is open or visibly damaged, or if all or some of the Products in the package are damaged, missing or do not match the order, the Customer (or any third party designated by the Customer) must refuse receipt of the package or the Products concerned and record the necessary and sufficiently detailed reservations in writing with the carrier (open package, package or item(s) damaged, missing or not matching the order, etc.).

In any event, the Customer also undertakes to notify the Seller as soon as possible, as follows:

• 1) by email to the following address: sav@manceraparfums.com or;
• 2) by telephone on the following number: +33 1 89 20 20 93 from Monday to Friday between 10:00 a.m. and 5:30 p.m. French time and excluding French public holidays, in order to allow the Seller to carry out an investigation with the carrier and/or to exercise remedies against the carrier within the time limits provided for by the applicable regulations, where applicable.

In the event of missing Product(s), refusal or return of Product(s) by the Customer under the above circumstances, the Seller will either refund the relevant product(s) within 14 days or re-ship the damaged/missing product(s).

It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as set out in Article 11 below.

10.5. Delivery charges

For all deliveries, an additional shipping charge is added to the order total. The amount varies according to the country of destination. Delivery charges are detailed on the shipping page as follows:

Mainland France: €8,
Europe: €17,
Switzerland: €20,
Overseas departments and territories: €36.8
United Kingdom: This country is subject to import and export customs formalities.

Customs charges may apply.

10.6. Return of products

The Customer has a right of withdrawal enabling them to return the Products to the Seller without giving a reason under the conditions set out in Article11”Right of withdrawal” below. The Seller is also bound by the legal warranties of conformity and latent defects as defined by law and set out in Article12 “Warranties” of these General Terms and Conditions of Sale. Under these warranties, the Customer may, depending on the case, obtain a replacement or refund for the product, if the legal conditions are met.

Except in the cases mentioned above, no request for exchange, return or refund will be authorised by the Seller.

Under no circumstances will it be possible to claim in-store repair or reimbursement, even if justified, for a product purchased via the Site.

11. Right of withdrawal

11.1. General provisions on the right of withdrawal

In accordance with the provisions of article L221-18 of the Consumer Code, the Customer has a period of fourteen(14) days from receipt of the products to exercise their right of withdrawal, without having to give any reason or pay any penalties, except for the cost of returning the products, which remains at the Customer’s expense.

To exercise the right of withdrawal, the Customer may notify their decision to withdraw and return the Products as follows:

• (a) The Customer may exercise their right of withdrawal online via their account in the section "order details". If the online functionality is used, we will promptly send an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email), including its content as well as the date and time of submission.
• (b) The Customer may also exercise their right of withdrawal by sending an email to the Seller at the following address: sav@manceraeparfums.com, informing the Seller of their decision to withdraw and providing the following information:

• Identification of the Product(s):
• Order number:
• Order date:
• Customer’s identity and address:

The date of the request shall be the date on which the Seller receives the email.

(c) To proceed with the request, the Customer may also use the following model letter, which must be sent to the Seller by registered mail with acknowledgment of receipt:

First name and Surname of consumer

Consumer address

Postcode - Town

CLD CREATION LUXE DESIGN

68 rue Pierre Charron, 75008 Paris

At ..., on ... (date of letter)

Dear Sir or Madam,

On ... (indicate the date on the order form), I ordered ... (description of item) which you delivered (or which I received) on ... (date).

In accordance with article L. 221-18 of the French Consumer Code, I exercise my right of withdrawal.

Consequently, I would ask you to return the sum of ... euros that I paid you when I placed my order, as soon as possible and no later than 14 days following receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

Please find enclosed the item I am returning to you (indicate the item returned).

You can optionally add:

If not, I would be obliged to bring criminal proceedings against your company.

Yours sincerely

Signature

(2) The Customer has the option of returning the Products no later than fourteen (14) days following communication of his/her decision to withdraw. Products must be returned in their original packaging (wrapped in transparent film), complete, in perfect condition and accompanied by the purchase invoice. As the Customer is responsible for returning the Products, they must send them by tracked and recorded delivery.

(3) In accordance with Article L221-23 of the French Consumer Code, the cost of returning the Product(s) shall be borne by the Customer, who shall only bear the direct cost of returning the goods.

(4) The Seller undertakes to reimburse the Customer no later than fourteen (14) days following the date on which the Seller is informed of the Customer's decision to withdraw. The Seller may defer reimbursement until the Products have been recovered or until the Customer has provided proof of dispatch of the Products, whichever comes first.

The Seller will issue the refund using the same means of payment that the Customer used for the initial transaction.

11.2. Limit to the right of withdrawal

Pursuant to Article L.221-28, the Customer loses the right of withdrawal in the following cases, among others:

• if the product has been personalised and/or made especially for the Customer;
• if the product has been unsealed after delivery, making it impossible to return it for reasons of hygiene or health protection.

The Seller will therefore not refund the Products returned by the Customer if they are:

• made to the Customer's specifications or personalised, as in the case of personalised engraving;
• damaged, altered or rendered unfit for sale;
• different from the Products ordered;
• unsealed and the original packaging has been opened.

11.3. UK right of withdrawal

In accordance with Article34 of the Consumer Contracts (Information, Cancellation and additional charges)https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made:

• For orders placed for the United Kingdom, the Customer has a cancellation period of fourteen (14) days.
• The cost of returning the goods shall be borne by the Customer.

For information, as the United Kingdom is no longer part of the European Union, the Customer acknowledges that the cost and procedures for returns are burdensome and particularly expensive. The Seller will not bear the return costs of goods from the United Kingdom.

All return costs and delivery risks for Products originating from the United Kingdom shall be borne by the Customer. The customer remains solely responsible for the goods until they are received at the following address: Boutique Montale, 68rue Pierre Charron, 75008 Paris, France.

12. Guarantees

12.1. Legal guarantees

The products sold on the Site are covered by the legal guarantee of conformity and the guarantee against hidden defects, in accordance with the legal provisions in force (articles L217-4 to L217-14 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code), which allow the Customer to return Products that are not compliant or are defective.

Under these guarantees, the Seller undertakes, at the Customer's option, to refund or exchange any Products that do not correspond to the Customer's order.

If the Customer’s claim falls under the legal guarantee of conformity or the guarantee against hidden defects, the Customer must submit their claim to the after-sales service (SAV) by contacting the following number: +33 1 89 20 20 93 from 10.00 am to 5.30 pm French time, excluding French public holidays, or by sending an email to the following address: sav@manceraparfums.com.

The defective product must be returned in its original condition, together with its original labels and packaging, without exception. If these conditions are not met, the Seller reserves the right not to repair or reimburse the returned Product.

The provisions applicable to legal guarantees are reproduced in full below.

Article L.217-4 of the French Consumer Code

The property conforms to the contract if it meets the following criteria, where applicable:

1. It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2. It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3. It is delivered with all accessories and installation instructions, which must be supplied in accordance with the contract;

4. It is updated in accordance with the contract.

Article L.217-5 of the French Consumer Code

I.-In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:

1. They are fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2. Where applicable, they possess the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3. Where applicable, the digital elements they contain are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4. Where applicable, they are supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5. Where applicable, they are supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;

6. They correspond to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if the seller demonstrates:

1. That it did not know them and was legitimately not in a position to know them;

2. That at the time the contract was entered into, the public declarations had been corrected under conditions comparable to those of the initial declarations; or

3. That the public statements could not have influenced the purchase decision.

III - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more particular characteristics of the goods which it was specifically informed deviated from the criteria of conformity set out in this article, a deviation to which it expressly and separately agreed when the contract was concluded.

Article L217-7 of the French Consumer Code

Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

For second-hand goods, this period is set at twelve months.

Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears at the time of delivery of the goods shall be presumed to exist:

1. For a period of two years from the date of delivery of the goods, where the contract provides for the goods to be supplied for a period of two years or less, or where the contract does not specify the duration of the supply;

2. During the period in which the digital content or digital service is provided under the contract, where the contract provides for such provision for a period of more than two years.

Article L217-9 of the French Consumer Code

The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Article L217-10 of the French Consumer Code

The item shall be brought into conformity within a reasonable period, which may not exceed thirty days following the consumer’s request and without major inconvenience to them, taking into account the nature of the item and its intended use.

The repair or replacement of non-conforming goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.

A decree specifies the terms and conditions for bringing the goods into compliance.

Article L.217-12 of the French Consumer Code

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs, in particular with regard to:

1. The value the goods would have if there were no lack of conformity;

2. The importance of the lack of conformity; and

3. The possibility of opting for the other choice without any major inconvenience for the consumer.

The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1. and 2.

If these conditions are not met, the consumer may, after formal notice, pursue specific performance of the remedy originally sought, in accordance with articles 1221 and following of the French Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L217-13 of the French Consumer Code

Any goods repaired under the legal guarantee of conformity benefit from a six-month extension of this guarantee.

If the consumer chooses to have the goods repaired but the seller does not do so, a new period of the legal guarantee of conformity for the replaced goods starts to run when the goods are brought into conformity by replacing them. This provision applies from the day on which the replacement goods are delivered to the consumer.

Article L.217-16 of the French Consumer Code

In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to rescind the contract. It returns the goods to the seller at the seller’s expense. The seller shall reimburse the consumer for the price paid and return any other benefits received under the contract.

If the lack of conformity relates only to certain goods supplied under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if they cannot reasonably be expected to agree to keep only the conforming goods.

For contracts mentioned in paragraphII of ArticleL. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer is entitled to have the whole contract rescinded. In addition, in the case of a bundled offer within the meaning of ArticleL. 224-42-2, the consumer has the right to rescind all related contracts.

The respective obligations of the parties to the contract, referred to in article L. 224-25-22 relating to the consequences of termination for digital content and digital services, are applicable to the termination of a contract for the sale of goods containing digital components.

Article 1641 of the French Civil Code

The seller is liable for hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would have paid less for it, had they been aware of it.

Article 1645 of the French Civil Code

If the seller was aware of the defects, it shall be liable to the buyer for all damages in addition to restitution of the price received.

Article 1646 of the French Civil Code

If the seller was unaware of the defects in the item, it would only be required to refund the purchase price and to reimburse the buyer for the costs incurred by the sale.

Article 1648 of the French Civil Code, first paragraph

Any action arising from prohibitive defects must be brought by the buyer within two years of discovery of the defect.

12.2. Guarantee exclusion

If the Products returned by the Customer do not correspond to the Products ordered, the Seller shall not be bound by the obligations described in the articles listed in 12.1 “Legal Guarantees” above. It should be noted that the legal guarantees do not cover damage or defects resulting from an external cause (accident, impact, etc.) or a fault on the part of the Customer resulting from use that does not comply with and/or is unsuitable for the characteristics of the Product.

Similarly, this article does not apply if the Products were not purchased on the Site, as in that case the legal guarantees are the responsibility of the Seller from whom the Products were purchased.

13. Claims

All complaints should be addressed to the Company's after-sales department:

• to the following email address: sav@manceraparfums.com, or;
• by post to the following address: 68 rue Pierre Charron, 75008 Paris, France.

A telephone number is also available Monday to Friday from 10.00 am to 5.30 pm French time, excluding French public holidays: +33 1 89 20 20 93.

14. Mediation

In the event of a dispute relating to the fulfilment of an order, or difficulties in the application of these GTCS, the Customer is invited to seek an amicable solution by sending a complaint to the after-sales department: sav@manceraparfums.com, or by telephone from Monday to Friday between 10:00 am and 5:30 pm French time, excluding French public holidays, on +33 1 89 20 20 93.

In the absence of an amicable agreement with customer service and in accordance with articleL616-1 of the French Consumer Code, the Customer may have recourse to a consumer mediator in the event of a dispute.

The Customer may send their request for mediation to the European Consumer Centre by following these links:

• https://www.europe-consommateurs.eu/en/questions-and-complaints.html.
• https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
• CMAP (Paris Mediation and Arbitration Centre) at https://www.cmap.fr/?lang=en or at the following postal address: CMAP (Service Médiation de la Consommation) – 39 avenue Franklin D.Roosevelt – 75008 Paris
• European Commission via its online dispute resolution platform available at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

15. Liability

15.1. Seller's liability

The Seller shall not be held liable for non-fulfilment of the contract in the event of force majeure as defined by French case law. The Seller may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.

The Seller shall not be held liable for the breach of any of its obligations if the improper fulfilment of the contract is the result of force majeure, the act or omission of the Customer, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle beyond the control of the Seller, which the latter could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot reasonably be avoided or overcome by the Seller.

The Seller may not be held responsible for the total or partial non-fulfilment of its obligations, if such non-fulfilment is due to a fortuitous event or to the occurrence of an element amounting to force majeure, within the meaning of article 1218 of the French Civil Code. Such an event shall constitute a cause for suspension and/or termination of the Sellers's obligations towards the Customer, without compensation to the Customer.

The Seller will also keep the Customer informed by email, within a reasonable period of time, of cases and events of force majeure likely to disrupt the delivery process of the Product ordered and, where applicable, of the impossibility for the Seller to carry it out.

If this suspension of performance continues beyond a period of fifteen(15) days from the date of notification, the Customer may terminate the relevant order. The Seller will then refund the amounts paid within fourteen(14) days of cancellation, using the same method of payment as at the time of purchase.

15.2. Customer liability

Prior to placing an order, the Buyer declares that they have the full legal capacity to be bound by these GTCS. Under no circumstances can the Seller be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians (parents, guardians, etc.) will assume full responsibility for this Order and will have to pay the price.

16. Intellectual property

The "MANCERA" trademark and all other trademarks, logos and designs associated with MANCERA displayed on the Site are the property of their owners.

The manceraparfums.com domain name is used exclusively by the Seller.

All intellectual property rights, whatever their nature, attached to all Products sold on the Site (including in particulartexts, logos, brands, graphics, images, photos, videos, animations, names and any other element) are and remain the Seller’s exclusive property and are reserved to it.

Under these conditions, no one is authorised to reproduce, represent, exploit, adapt, distribute or use by any means whatsoever, in whole or in part, the intellectual property rights in respect of the Products sold on the Site, except solely for informational, personalandprivate use, without the prior written consent of the Seller.

Any reproduction and any use of copies made for other purposes in any manner whatsoever and in any form whatsoever is expressly prohibited. It is also forbidden to copy, modify, create a derivative work, assemble, decompile, sell, assign, sub-license or transfer in any way whatsoever any right relating to the elements appearing on the Site and on the Products sold on the Site.

Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the Vendor's express prior authorisation, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.

Acceptance of these GTCS implies recognition by the Customer of the Seller's intellectual property rights and an undertaking to respect them.

17. Personal data

As part of the commercial relationship, the Seller is led to collect and process personal data concerning the Customer.

These processing activities are carried out in accordance with current legislation and the Privacy Policy.

The Customer is invited to consult this Policy to understand how their data is collected, used, stored and protected, as well as their rights in relation to it (access, rectification, objection, deletion, restriction, portability).

18. Applicable law and competent jurisdiction

This contract and the terms and conditions governing it are subject to French law. In the absence of an amicable solution or recourse to mediation, all disputes between the Seller and the Customer will be submitted to the competent court.

For Products ordered for the United Kingdom, the applicable law is British law.

These GTCS and all contractual information on this website are written in French. In the event of any inconsistency or contradiction between the French version and its translation, the French version shall prevail.

For any dispute relating to these GTCS, the French courts will have territorial jurisdiction to hear any dispute, unless otherwise provided by law, which would refer to the mandatory jurisdiction of a foreign court.

19. Contact

For any questions or additional information, the Customer may contact the Seller’s customer service by email at sav@manceraparfums.com or by telephone from Monday to Friday between 10:00 a.m. and 5:30 p.m. French time, excluding French public holidays, at +33189202093.