1. Identification of the entity in charge for the offer
S.A. INTERDEVELOPMENT DIFFUSION
3, bis rue du Parc - 1207 GENEVA - Suisse.
REGCOM15676 - N°FEDCH66027940063
2. Scope of application and acceptance of the general terms and conditions of sale (hereafter GTC)
2.1. Object of the GTC
The GTC apply to sales of Mancera products made through the online sales site www.manceraparfums.com
2.2. Field of application of the GTC
These GTC exclusively apply to online sells of products which are delivered by Mancera (hereafter, the professional seller) to customers with the status of consumers (here after, the consumer). Both the GTC and the purchase order constitute the only contractual documents excluding any other document, handout or photographs of the products.
These GTC apply to customers who are established in the following countries:
France and Overseas Departments and Territories (Guadeloupe, Guyana, Martinique, Mayotte, Reunion, Saint Barthelemy, Saint-Martin, Saint-Pierre and Miquelon), Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden and Switzerland.
2.3. Availability and enforceability of the GTC
The GTC are made available to the public on www.manceraparfums.com.
The GTC are binding to the customer who accepts them before ordering, by checking a box provided for that purpose.
The validation of the order by its confirmation is worth the consumer's acceptance of the GTC in force on the day of the order whose storage and reproduction are provided by the professional seller.
2.4. Amendments to the GTC
The professional seller reserves the right, at any time to modify the terms.
In case of any modification, the GTC shall apply from the date of the order.
2.5. Clause of the GTC
The nullity of a clause of this agreement shall not entail the nullity of the agreement in its entirety.
Each product advertised in the catalogue on the website is described.
The photographs illustrating the products are not contractually binding.
4.1. Sales price
Prices are indicated in euros, for each product advertised on the catalogue, including taxes, but excluding delivery costs mentioned before approval of the order that are added as additional price.
The full amount charged is the one on the order confirmation.
The price is the one in force at the date of the order.
In case of sales promotion the professional seller will undertake to apply the promotional price to any order made during the period of the sales.
The professional seller reserves the right to modify the prices of products offered on the website at any time. The customer will be charged the prices in effect on the day the order is accepted.
5.1. Scope of application
The offers of online sales are exclusively reserved to customers who are residing in the countries referred to article 2.2.
The offers of online sales are valid, unless otherwise specified, as long as they can be viewed on the web catalogue and within the limit of available stock.
The acceptance of the offer by the customer is validated by the confirmation of the order.
6.1. Conclusion of the contract
To order, the consumer, after having filed his online basket by selecting the product and volume, will then pursue his order by providing information related to delivery and payment method.
Before confirming the order, the customer has the possibility to verify the order in detail and its total price and to correct any errors by coming back to the previous pages.
The confirmation of the order involves acceptance of these conditions of sale.
An email will be sent by the professional seller to confirm that the order and the payment have been validated.
6.2. Cancellation of order
To be taken into consideration, any request to cancel an order must be made before shipment of the product.
The customer must directly contact the customer department, primarly, by email : email@example.com, or by phone: +33 1 70 38 52 57 from 2pm to 5pm.
Every request is submitted to the acceptance of the professional seller.
6.3. Validation of order
The professional seller reserves the right to refuse any order for legitimate reasons and from a customer with whom legal proceedings have been instituted for an earlier order placed, or with a customer who does not respect these conditions of sale or is involved in a fraudulent activity.
6.4. Unavailability of products
In the event of unavailability of the products ordered, the customer will be immediately informed and he may either choose another article in the range or cancel his/her order.
In case of disagreement or if the customer chooses to cancel the order, he/she will be reimbursed without delay if the bank account has already been debited (or no later than 30 days after payment of the sums by the customer).
The contract is formed when the customer sends his/her confirmation of the order.
From delivery of the products, the customer has a period of seven full days to return the article(s) without justification, without any penalty at the following address: firstname.lastname@example.org
The customer will be responsible for the costs of return shipment.
Before returning the article(s), the customer has to send an e-mail to the professional seller specifying the number of the order cancelled to the following address: email@example.com
The value of the products returned will be refunded to the customer, excluding the initial shipment costs without delay and no later than 30 days following the date on which the customer has exercised the right of retraction.
However, for hygienic reasons, the right of retraction can be used only when the pump of the product is not primed. The product must be returned in its original packaging (in its transparent layer), complete, in perfect condition with its original purchase invoice.
To be refunded, the customer gives to the professional seller his/her bank details.
The return of products being under the responsibility of the consumer, it is up to him to make a registered return.
8.1. Method of payment
Payment is fully due after confirmation of the order.
Payment of customer purchases is made immediately by credit card and by Paypal.
8.2. Secure payment system
The website is the object of a system of insurance of payments by credit cards.
8.3. Delayed Payment
Any amount unpaid at its term creates an interest at the legal rate, without cease and desist.
8.4. Payment default
In case of payment default at the prescribed term, the professional seller reserves the right to suspend or to cancel the delivery of the customer's order(s) or to resolve the contract as of right and keep as a compensation the deposit given at the order.
In the absence of full payment and on first request, the customer agrees to return any product, all fees at his expense.
8.5. Retention of title
All products order will continue to vest in the professional seller until all amounts payable by the customer to the professional seller have been paid in full.
9.1. Delivery leadtime
The professional seller undertakes to deliver the product(s) to the carrier within 48 hours after receipt of the order and corresponding payment.
Delivery leadtime vary depending on the place of delivery.
For information only, products in France can be shipped within 3 to 6 working days after receipt of the order, and within 3 to 7 working days in Europe. In accordance with the delivery standards, the package is sent to the postal service at the order address.
9.2. Delivery delay
In the event of delays, damage or total or partial loss or any other issue, it is up to the customer to take any legal action against the carrier without the responsibility of the professional seller being ever be questioned.
The professional seller suggests to the customer to check the state of the packaging and the contents of the parcel on receipt of the merchandise and to refuse the delivery if anomalies are identified. The customer should indicate any reservation on the delivery docket if the parcel appears to have been opened or damaged within three days after delivery by registered letter with acknowledgment of receipt. A copy will be sent to the professional seller. Signature, without reservation, of the delivery docket by the customer is deemed to signify acceptance of the parcel.
The professional seller may not in any case be held responsible for any deterioration in the quality of the products and their packaging due to shipment.
The customer is solely responsible for checking the import possibilities of the products ordered under the law of the territory of the country of delivery.
9.3. Conditions of delivery
The order will be sent to the address indicated by the customer on the purchase order.
Deliveries are made via Colissimo for Metropolitan France (including Corsica) and via International Colissimo for other countries.
Delivery is considered done once given to the carrier.
9.4. Delivery prices
For all deliveries, an extra delivery cost is added to the total amount of the order.
Delivery prices vary depending the destination country. The delivery costs are the following:
9.5. Compliance of the products
If the product does not comply with the customer's order, he/she must immediately upon receipt inform the professional seller by written form, to obtain an exchange or the cancellation of the sale.
The Customer must keep the packaging and consignment note.
In case of a mistake on the products, the customer undertakes to return them at his/her cost no later than 7 days after delivery of the order, in its original packaging (in its box), complete, in perfect condition with the additional documents.
The product must not have been used nor opened.
The replacement product(s) will be sent to the customer at the expense of the professional seller.
9.6. Unavailability of products
In the event that the product(s) is/are no longer available, the professional seller may suggest, under the conditions set out in article 6-4 of the GSC, another product equal in quality and price.
In the event that the product(s) is/are not delivered, the sales contract shall be terminated as of right.
10.1. Legal guarantee
All products sold by the professional seller are covered by the legal guarantee of conformity and legal guarantee against hidden defects.
The professional seller undertakes to, depending on the customer’s choice, refund or exchange the products that do not comply with the order.
10.2. After-sales service
Claims about guarantees must be sent primarly to the customer department by email: firstname.lastname@example.org
The product covered by the guarantee must be returned in its original packaging (in its box), complete, in perfect condition.
Upon receipt and confirmation of the claim by the after-sale service, the customer will be refunded of delivery costs within 30 days from receipt of the order by the professional seller.
The liability of the professional seller cannot be engaged for non-performance of the contract in case of force majeure, for non-performance due to the consumer or a third part.
The professional seller shall not be liable for non-compliance with customers’ legislation. Customers must check if the product is not prohibited in his or her country.
12. Intellectual property
All materials featured on the website (drawings, designs, models, illustrations, images, texts, logos, trademarks…) are the exclusive property of the publisher and protected by copyrights, trademark rights and patent rights.
In case of reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior express agreement of the publisher offenders will be subject to prosecution.
13. Personal information
All nominative information asked to customers will be used in order to ensure the proper registration and shipping of products, establishment of invoices.
It may also be passed on, where applicable likewise to any third party involved in handling, processing and payment of the order.
In order to respond to the needs of its customers and to guarantee the best possible service, the professional seller may retain some personal information concerning the customer.
This information is kept for good administration of orders and business relationships.
14. Disputes resolution
In the event of a dispute arising from the interpretation of this contract, or in relation with an order, please contact the customer department to try and find an amicable solution: email@example.com
For any dispute related to the purchase order and these GTC, the competent court will be the one of the registered offices of the professional seller.
15. Governing law
This contract and the Terms and Conditions governing it are subject to Swiss law.