Terms and Conditions

Preamble

These general terms and conditions of sale (hereinafter the “Terms”) govern the contractual relationship between the company CLD CREATION LUXE DESIGN (hereinafter the “Seller”) and any individual (hereinafter the “Customer”) purchasing perfumery products and/or accessories (hereinafter the “Product(s)”) of the MANCERA brand (hereinafter the “Brand”) remotely via the Seller’s website, manceraparfums.com (hereinafter the “Site”).

Any Order placed on the Site implies the Customer’s unreserved acceptance of these Terms.

These general terms and conditions of sale are governed by French law, excluding any provisions that would result in the application of a foreign law more favourable to the consumer.

1. Legal notice

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
• Customer Service phone number: +33 1 89 20 20 93
• Email address: sav@manceraparfums.com
• rade Register (RCS) number: 511 450 421 00033
• Intra-Community VAT number: FR37511450421
• ite host: OVH SAS, 2 rue Kellermann 59100 Roubaix, France, Tel.: 1007.

The technical and editorial management of the Site is carried out by the Seller, who is its publisher.

2. Purpose

These Terms set out the rights and obligations of the parties in connection with the online sale of Brand Products offered by the Seller on the Site.

The Terms set out all the steps required to place an order and its follow-up between the Parties. They apply exclusively to the online sale of Brand products on the Site, access to which is free and open to any internet user.

These Terms, together with the order confirmation email and the invoice, constitute the contractual documents binding on the parties, to the exclusion of any other document, brochure, catalogue or photograph of Brand products, which are for indicative purposes only.

By placing an order for a Product on the Site, the Customer acknowledges having read the Terms and the Privacy Policy available on the Site, and having accepted them without restriction prior to confirming any order.

3. Scope of application

These Terms apply to Products delivered to Customers established in the following countries:

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

4. Availability, Enforceability and Validity

These Terms are made available to Customers on the Seller’s site, where they can be viewed directly via a hyperlink named “General Terms and Conditions of Sale” located at the bottom of the Site’s homepage.

By placing an order for a Product on the Site, the Customer acknowledges having read the Terms and having accepted them without restriction, such acceptance not being conditional in any way on a handwritten signature from the Customer.

Confirmation of the order constitutes the Customer’s agreement to the Terms in force on the day of the order, which are archived and reproduced by the professional Seller. The Customer is also invited to carefully read, download and print the Terms and to keep a copy of them.

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

The temporary or permanent non-application of one or more clauses of the Terms by the professional Seller shall not be deemed a waiver on its part of the other clauses of the Terms, which shall continue to produce their effects.

5. Amendments

The Seller reserves the right to update the Terms at any time, with no further formality than publishing a new amended version online.

It is understood, however, that the Terms applicable to any order are those accepted by the Customer at the time the order is confirmed, which are archived and reproduced by the Seller.

6. Products

6.1. Presentation of products

The Products governed by these Terms are those appearing on the Site and indicated as sold and shipped by the Seller. Each Product is accompanied by a description drawn up by the Seller with the greatest possible accuracy as of the day the Customer consults the Site. Products are offered subject to availability.

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

Each Product offered for sale and presented on the Site is accompanied by a description. In accordance with Article L111-1 of the French Consumer Code, the Customer is advised to consult the description of each Product to find out more about it, particularly with regard to the characteristics sought by the Customer, as the Customer is solely responsible for choosing and purchasing a Product.

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

6.2. Availability of products

Products are offered subject to availability. Information on Product availability is provided at the time of ordering, on each Product’s page.

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

In the event of disagreement, the Customer will be refunded the amounts paid within fourteen (14) days at the latest.

For certain Product orders, free samples may be provided at the Customer’s request. However, the Seller cannot be held liable if samples are unavailable. The Customer may also decline the samples offered.

Samples and other gifts are considered free goodwill gestures towards Customers. They cannot be exchanged or refunded.

7. Price

The sale prices of the Products are those in force on the day of the order. In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the promotional period 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. The prices indicated are valid, except in the case of an obvious error.

The total amount payable by the Customer is indicated on the order confirmation page as well as in the email acknowledging receipt of the order.

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

(a) The sale prices of the Products are shown in EUROS, inclusive of all taxes, including VAT and other taxes applicable on the day of the order, excluding delivery charges, for the following countries:

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

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

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

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

8. Order

8.1. Steps for placing an order

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

The Customer can view a 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 when entering data, correct them, or remove one or more Product(s).

After confirming the cart by clicking the “ORDER” button, the Customer is informed of the details relating to delivery, the total amount due and the payment method.

To finalise their order, the Customer must:

• confirm their delivery and billing address or provide a new delivery and/or billing address;
• read these Terms and the Data Privacy Policy, and explicitly accept them by ticking the box “I HAVE READ AND ACCEPT THE TERMS AND THE DATA PRIVACY POLICY” before proceeding to payment for their order;
• pay the total amount of their order by clicking the “Order” button, which gives access to secure payment for their order.

Any order constitutes acceptance of the prices and descriptions of the Products available for sale, and confirmation of the order constitutes acceptance of the Terms and forms the contract.

The Seller will acknowledge receipt of the order as soon as it is confirmed by sending an email to the address provided by the Customer. The sale will only be considered final once this confirmation email has been sent to the address indicated by the Customer and full payment has been collected. By accepting these Terms, the Customer formally accepts the use of email for the Seller’s confirmation of the content of their order.

8.2. Cancellation of the order

The Customer may no longer modify their order once payment has been confirmed.

That said, the Customer always retains the option to exercise 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 fulfil an order in cases where it appears abnormal, abusive, or contrary to the provisions of these Terms.

Likewise, the Seller cannot 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, particularly by electronic means; in such cases, 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 their order and will be refunded any sums paid prior to the cancellation of their order by the Seller.

Any order placed via ARAMEX, Sovereign SNS / ARAMEX / OUTALMA AER EXP, or any freight-forwarding/export company will be immediately cancelled and considered unlawful. The Customer account will be permanently blocked. The Seller does not authorise the shipment of Products to countries not specified in the delivery terms. It is also reminded 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 in which the number of Products (for a single order or several combined orders) does not correspond to the average usual consumption of a household; any order suggesting that an economic activity is being carried out by the Customer in connection with the Products ordered; or, more generally, any abnormal order within the meaning of applicable case law.

Lastly, the Seller reserves the right to suspend or cancel the performance of any order and/or delivery, regardless of its nature or stage of completion, in the event of non-payment or partial payment of any sum owed by the Customer, in the event of a payment incident, or any attempted fraud as described above relating to use of the Site.

8.4. Unavailability of ordered products

In the event that ordered Products are unavailable, the conditions set out in Article 6.2 “ Availability of products ” of these Terms shall apply.

8.5. Retention of title

Ordered Products remain the property of the Seller until full payment of their price has been received by the Seller, including the principal value of the Products and any charges and taxes shown on the invoice.

9. Payment

9.1. Payment terms

Payment is made immediately online, at the time of the order, 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 banking information.

The price is payable in full upon confirmation of the order. The Customer must also pay any mandatory taxes and duties, as well as any bank charges, which shall always be borne by the Customer.

The Customer may pay for part of their order on the Site using a digital promotional code (hereinafter the “Promo Code”). The Promo Code may be used once on the Site for any order of Product(s), it being specified that only one Promo Code may be used per order. To finalise their order, the Customer must complete payment in accordance with the terms specified above.

9.2. Payment security

The Site has an online payment security system enabling the Customer to encrypt the transmission of their banking data.

No banking data will be stored by the Seller. Only the issuing body is responsible for capturing and encrypting this data.

Payment will be considered validated once the payment authorisation has been confirmed by the issuing body. In the event of refusal by the bank, the order will be automatically rejected and the Seller shall thereupon be released from any obligation and liability towards the Customer.

The Customer may download their invoice from their personal account, in the “ORDER HISTORY AND DETAILS” section.

10. Delivery

Products are delivered to the delivery 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 a delivery delay, the Customer will be informed by email.

10.1. Delivery terms

Where the Customer is eligible for delivery, the Seller undertakes to deliver to the countries listed in Article 3 “ Scope of application ” of these Terms.

The Seller delivers the Products via the carrier “La Poste”, as further defined in Article 10.3 “ Carrier ” of these Terms. By default, ordered Products are always delivered to the address provided by the Customer.

The Seller undertakes to ensure the proper execution of the order. The Customer will bear the consequences (delivery delay, delivery failure, return of Products, additional shipping costs, etc.) resulting, where applicable, from incorrect and/or incomplete information provided by the Customer for delivery purposes and/or from 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 act of a third party unrelated to the contract.

The Seller undertakes to hand over the Products to the carrier within forty-eight (48) working hours of receiving the order.

For information purposes, Products for France are delivered within three (3) to six (6) working days after the order is shipped, and within three (3) to seven (7) working days for Europe. In accordance with standard delivery practice, the parcel is handed over to the postal service at the address given in the order.

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 Product availability, as indicated to the Customer at the time of the order.

10.2. Delivery delays

In the event of a missed or delayed delivery, the Customer must contact Customer Service as soon as possible. To do so, they may proceed:

1) by email to the following address: sav@manceraparfums.com, or;

2) by phone at: +33 1 89 20 20 93, Monday to Friday from 10:00 a.m. to 5:30 p.m. French time, excluding French public holidays.

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

10.3. Carrier

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

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

The Customer may send their requests to the carrier’s customer service department via the following link https://aide.laposte.fr/.

10.4. Receipt of products

Risk relating to the Products transfers to the Customer upon delivery, i.e. at the time the Customer (or any third party designated by the Customer) physically takes possession of the Products concerned.

Upon delivery of the order, the Customer must check the conformity and condition of their order in the presence of the carrier and, where applicable, note any relevant reservations concerning apparent defects (missing product, damaged parcel, etc.).

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

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 phone at the following number: +33 1 89 20 20 93, Monday to Friday from 10:00 a.m. to 5:30 p.m. French time, excluding French public holidays, so as to enable the Seller to investigate with the carrier and/or take action against the carrier within the time limits set out by the applicable regulations, where applicable.

In the event of missing Products, or a refusal or return of a Product by the Customer under the circumstances described above, the Seller will either refund the Product(s) concerned 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 right of withdrawal as provided for in Article 11 below.

10.5. Delivery charges

For all information relating to delivery terms, timeframes, shipping costs and returns, please see our “Delivery and Returns” page.

10.6. Returning products

The Customer has a right of withdrawal enabling them to return Products to the Seller without giving a reason, under the conditions set out in Article 11 “ Right of withdrawal ” below. The Seller also remains bound by the legal guarantees of conformity and against hidden defects, as defined by law and set out in Article 12 “ Warranties ” of these general terms and conditions of sale. Under these warranties, the Customer may, depending on the circumstances, obtain the replacement or refund of the Product, if the legal conditions are met.

Outside 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 a refund, 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 French 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 reasons or pay any penalty, except for return costs, which remain the responsibility of the Customer.

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

(a) The Customer may exercise their right of withdrawal online via their account, under the “Order History and Details” tab. If this online feature is used, we will send you, as soon as possible, an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email), including its content and the date and time it was submitted.

(b) The Customer may also exercise their right of withdrawal by sending an email to the Seller at the following address, sav@manceraparfums.com, informing them of their decision to withdraw and specifying the following information:

Identification of the Product(s):

Order number:

Order date:

Customer’s identity and address:

The date of the request will be the date the email is received by the Seller.

(c) To make their request, the Customer may also use the following model letter, which should be sent by registered post with acknowledgement of receipt to the Seller: (…)

Consumer’s first and last name

Consumer’s address

Postcode - Town

CLD CREATION LUXE DESIGN

68 rue Pierre Charron, 75008 Paris

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

Dear Sir/Madam,

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

In accordance with Article L. 221-18 of the French Consumer Code, I am exercising my right of withdrawal.

I would therefore be grateful if you would refund me, as soon as possible and no later than 14 days after receipt of this letter, the sum of ... euros that I paid when placing my order, in accordance with the provisions of Article L. 221-24 of the French Consumer Code.

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

You may optionally add:

Failing this, I would be forced to take criminal action against your company.

Yours faithfully,

Signature

(2) The Customer may return the Products within fourteen (14) days at the latest following notification of their decision to withdraw. Products must be returned in their original packaging (under transparent film), complete, in perfect condition and accompanied by the purchase invoice. As the return of Products is the Customer’s responsibility, it is up to them to send the return by tracked and registered post.

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

(4) The Seller undertakes to refund the Customer within fourteen (14) days at the latest of the date on which the Seller is informed of the Customer’s decision to withdraw. The Seller may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.

The Seller will make the refund using the same payment method as that used by the Customer for the initial transaction.

11.2. Limits to the right of withdrawal

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

• if the Product has been personalised and/or made specially for the Customer;
• if the Product has been unsealed after delivery, which prevents its return for hygiene or health protection reasons.

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

• made according to the Customer’s specifications or personalised, as is the case in particular with personalised engraving;
• damaged, altered, or rendered unfit for sale;
• different from the Products ordered;
• unsealed, where the original packaging has been opened.

11.3. UK right of withdrawal

In accordance with Article 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations: https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made :

• For orders placed for delivery to the United Kingdom, the Customer has a withdrawal period of fourteen (14) days.
• Return costs are borne by the Customer.

For information purposes, 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 cost of returning goods from the United Kingdom.

All return costs and delivery risks for Products from the United Kingdom shall be borne by the Customer, who remains solely responsible for the item until it is received at the following address: Boutique Montale, 68 rue Pierre Charron, 75008 Paris, France.

12. Warranties

12.1. Legal warranties

Products sold on the Site benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with the applicable legal provisions (Articles L217-4 to L217-14 of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code), enabling the Customer to return non-conforming or defective Products.

Under these warranties, the Seller undertakes, at the Customer’s choice, to refund or exchange Products that do not match their order.

If the Customer’s request falls under the legal warranty of conformity or the warranty against hidden defects, the Customer must submit their claim to the after-sales service by calling the following number: +33 1 89 20 20 93, from 10:00 a.m. to 5:30 p.m. French time, excluding French public holidays, or by sending an email to: sav@manceraparfums.com.

The defective Product must be returned in its original condition, together with the original labels and original packaging. Failure to comply with these conditions entitles the Seller to refuse to repair or refund the returned Product.

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

Article L.217-4 of the French Consumer Code

Goods are in conformity with the contract if they meet, in particular, where applicable, the following criteria:

1.  They correspond to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2. They are fit for any special purpose sought by the consumer, made known to the seller at the latest at the time the contract is concluded, and which the seller has accepted;
3. They are delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4. They are updated in accordance with the contract.

Article L.217-5 of the French Consumer Code

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

1. They are fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any provision of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, any specific codes of conduct applicable to the sector concerned;
2. Where applicable, they possess the qualities presented by the seller to the consumer in the form of a sample or model prior to the conclusion of the contract;
3. Where applicable, any digital elements they contain are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4. Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5. Where applicable, they are supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6. They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and to public statements made by the seller, by any person earlier 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 the public statements mentioned in the preceding paragraph if it demonstrates:

1. That it was not aware of them and could not reasonably have been aware of them;
2. That, at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3. That the public statements could not have influenced the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect relating to one or more particular characteristics of the goods, of which they were specifically informed that they departed from the conformity criteria set out in this Article, and to which departure they expressly and separately consented at the time the contract was concluded.

Article L217-7 of the French Consumer Code

Defects of conformity that appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked.

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

Where the sales contract for goods containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity that appear are presumed to have existed at the time of delivery of the goods:

1. Within a period of two years from delivery of the goods, where the contract provides for this supply for a period of two years or less, or where the contract does not specify the duration of supply;
2. During the period in which the digital content or digital service is supplied under the contract, where the contract provides for this supply for a period exceeding two years.

Article L217-9 of the French Consumer Code

The consumer is entitled to require the goods to be brought into conformity with the criteria set out in sub-section 1 of this section.

The consumer requests 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 goods shall be brought into conformity within a reasonable period, which may not exceed thirty days from the consumer’s request, and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.

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

A decree specifies the procedures for bringing the goods into conformity.

Article L.217-12 of the French Consumer Code

The seller may deviate from the choice made by the consumer if the requested remedy is impossible or would entail disproportionate costs, having regard in particular to:

1. The value the goods would have in the absence of the defect of conformity;
2. The significance of the defect of conformity; and
3. The possibility of opting for the alternative remedy without major inconvenience to the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, in particular having regard to points 1° and 2° above.

Where these conditions are not met, the consumer may, after giving formal notice, pursue specific performance of the remedy originally requested, in accordance with Articles 1221 et seq. 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 must be justified in writing or on a durable medium.

Article L217-13 of the French Consumer Code

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

Where the consumer chooses repair but this is not carried out by the seller, bringing the goods into conformity by replacement gives rise, for the benefit of the consumer, to a new period of legal warranty of conformity attached to the replacement goods. 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 terminate the contract. They return the goods to the seller at the seller’s expense. The seller refunds the consumer the price paid and returns any other benefit received under the contract.

If the defect of conformity relates only to certain goods delivered under the sales contract, the consumer is entitled to terminate the contract in respect of all the goods, including those not covered by this chapter, if they cannot reasonably be expected to accept keeping only the conforming goods.

For contracts referred to in Article L. 217-1(II), providing for the sale of goods and, incidentally, the supply of services not covered by this chapter, the consumer is entitled to terminate the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer is entitled to terminate all related contracts.

The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, apply to the termination of the sales contract for goods containing digital elements.

Article 1641 of the French Civil Code

The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended purpose, or that so diminish that purpose that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.

Article 1645 of the French Civil Code

If the seller was aware of the defects in the item, they are liable, in addition to reimbursing the price received, for all damages owed to the buyer.

Article 1646 of the French Civil Code

If the seller was unaware of the defects in the item, they shall only be liable for reimbursing the price and refunding the buyer for the costs incurred by the sale.

Article 1648 of the French Civil Code, first paragraph

An action arising from latent defects must be brought by the buyer within two years of discovering the defect.

12.2. Exclusion of warranty

If the Products returned by the Customer do not match the Products ordered, the Seller shall not be bound by the obligations described in the articles listed in 12.1 “ Legal warranties ” above. It is specified, for the avoidance of doubt, that the legal warranties do not cover damage or defects resulting from an external cause (accident, impact, etc.) or from any fault of the Customer resulting from use that is inappropriate and/or unsuited to the characteristics of the Product.

Likewise, this article does not apply if the Products were not purchased on the Site, since in that case the legal warranties are owed by the seller from whom the Products were purchased.

13. Complaints

Any complaint must be addressed to the Company’s after-sales service:

• by email to the following 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 a.m. to 5:30 p.m. French time, excluding French public holidays: +33 1 89 20 20 93.

14. Mediation

In the event of a dispute relating to the performance of an order, or difficulties in applying these Terms, the Customer is invited to seek an amicable solution by submitting a complaint to the after-sales service: sav@manceraparfums.com, or by telephone Monday to Friday from 10:00 a.m. to 5:30 p.m. French time, excluding French public holidays, at +33 1 89 20 20 93.

Failing an amicable agreement with Customer Service, and in accordance with Article L616-1 of the French Consumer Code, the Customer may refer the matter to a consumer mediator in the event of a dispute.

The Customer may submit their mediation request to the European Consumer Centre via the following links:

• https://www.europe-consommateurs.eu/en/questions-and-complaints.html.
• https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

CMAP (Centre for Mediation and Arbitration of Paris), accessible at http://www.cmap.fr/ or at the following postal address: CMAP (Consumer Mediation Department) - 39 avenue Franklin D. Roosevelt – 75008 Paris

The 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 cannot be held liable for non-performance of the contract in the event of force majeure as defined by French case law. The Seller’s liability cannot be engaged for inconveniences or damage inherent in the use of the Internet network, in particular a service interruption, external intrusion, or the presence of computer viruses.

The Seller cannot be held liable for breach of any of its obligations if the improper performance of the contract results from an event of force majeure, an act or omission of the Customer, an unforeseeable and insurmountable act of a third party unrelated to the contract, or an obstacle beyond the Seller’s control which it could not reasonably have foreseen at the time the contract was signed with the Customer, and the consequences of which cannot reasonably be avoided or overcome by the Seller.

The Seller cannot be held liable for the total or partial non-performance of its obligations if such non-performance is due to a fortuitous event or the occurrence of an event constituting force majeure within the meaning of Article 1218 of the French Civil Code. Such an event constitutes grounds for suspending and/or extinguishing the Seller’s obligations towards the Customer, without any compensation payable to the Customer.

The Seller will also keep the Customer informed by email, within a reasonable time, of any cases and events of force majeure likely to disrupt the delivery process of the ordered Product and, where applicable, of its inability to perform it.

If this suspension of performance continues for more than fifteen (15) days from the date of notification, the Customer may terminate the order concerned. The Seller will then refund the amounts paid within fourteen (14) days of termination, using the same payment method as that used for the purchase.

15.2. Customer’s liability

Prior to placing an order, the Buyer declares that they have full legal capacity, enabling them to enter into commitments under these Terms. The Seller cannot under any circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person lacking legal capacity were to order items on the Site, their legal representatives (parents, guardians, etc.) would assume full responsibility for that Order and would in particular be required to pay the price.

16. Intellectual property

The “MANCERA” trademark and all other trademarks, logos and designs related to MANCERA displayed on the Site are the property of their respective owners.

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

All intellectual property rights, of whatever nature, attached to all the Products sold on the Site (including, in particular: texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other element) are and shall remain the exclusive property of the Seller and are reserved exclusively to it.

Accordingly, no one is authorised to reproduce, represent, exploit, adapt, distribute or use, by any means whatsoever, other than exclusively for information purposes for personal and private use, in whole or in part, the intellectual property rights over the Products sold on the Site, without the Seller’s prior written consent.

Any reproduction and any use of copies made for other purposes, in any manner and in any form whatsoever, is expressly prohibited. It is also prohibited 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 means whatsoever, without the Seller’s prior express authorisation, is prohibited and shall constitute an infringement punishable under the provisions of the French Intellectual Property Code.

Acceptance of these Terms constitutes recognition by the Customer of the Seller’s intellectual property rights and a commitment to respect them.

17. Personal data

As part of the business relationship, the Seller collects and processes personal data concerning the Customer.

This processing is carried out in accordance with applicable 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 related rights (access, rectification, objection, erasure, restriction, portability).

18. Applicable law and competent jurisdiction

This contract and the Terms governing it are subject to French law. Failing an amicable solution or recourse to mediation, all disputes between the Seller and the Customer shall be submitted to the competent court.

For Products ordered for delivery to the United Kingdom, the applicable law is the law of the United Kingdom.

These Terms, as well as all contractual information mentioned on the Site, are drafted 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 Terms, the French courts shall have territorial jurisdiction to hear any dispute, save for any contrary legal provisions referring to the mandatory jurisdiction of a foreign court.

19. Contact

For any questions or further information, the Customer may contact the Seller’s Customer Service by email at sav@manceraparfums.com or by telephone Monday to Friday from 10:00 a.m. to 5:30 p.m. French time, excluding French public holidays, at +33 1 89 20 20 93.