The company PARFUMS VIKTORIA MINYA (hereafter “PARFUMS VIKTORIA MINYA e-boutique’’), registered in the Paris Trade and Companies Register under the SIRET number 534 449 913, with registered address at 66 avenue des Champs-Elysées, LOT 41, 75008 Paris, is specialized in fragrances development, fragrant services and their sales, and offers a complete service in the on-line sale of its fragrances. These General Terms and Conditions of Sale unreservedly govern Product sales by PARFUMS VIKTORIA MINYA e-boutique from the internet address http://www.viktoriaminya.com and its derivative addresses (hereafter the “Site”). The Site offers for sale, to individuals browsing the Site, fragrances of the PARFUM VIKTORIA MINYA brand (hereinafter referred to as the “Products”). For the application of this agreement, it is agreed that the Consumer and PARFUMS VIKTORIA MINYA e-boutique will jointly be referred to as the “Parties” and individually as the “Party.” It is specified that the Products are meant exclusively for the Consumer’s personal use. In this connection, the Consumer is reminded particularly that the same user may not order more than three (3) orders with the same item number over a period of 7 days of which the maximum cumulative amount may not exceed 3000 Euros, taxes included. Moreover, the maximum amount of an order placed by a given customer (same family name, same address) may not exceed 1000 Euros, taxes included – excluding delivery costs.
By placing an order for a Product on the Site, the Consumer acknowledges that s/he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Consumer for this acknowledgement to be valid.
Any special condition that is stated, e.g., in documents issued by the Consumer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from PARFUMS VIKTORIA MINYA e-boutique.
The Consumer must also unreservedly agree to these conditions of use of the Site if s/he wishes to view it.
ARTICLE 1: PURPOSE
These General Terms and Conditions of Sale define the procedures by which PARFUMS VIKTORIA MINYA e-boutique will sell Products to the Consumer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.
They define all the stages required for placing the order and they monitor this order between the Parties.
ARTICLE 2: PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
PARFUMS VIKTORIA MINYA e-boutique presents on the Site the Products for sale and their detailed descriptions, which comply with Article L.111-1 of the French Consumer Code that specifies that the potential consumer must be able to find out the essential characteristics of the products s/he wishes to buy prior to actually placing the order.
PARFUMS VIKTORIA MINYA e-boutique will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of color and design. However, since PARFUMS VIKTORIA MINYA e-boutique has no control over the technical limitations of individual consumer computer equipment, PARFUMS VIKTORIA MINYA e-boutique may not be held liable for inaccurate representation of the Products on the Website.
2.2.1. The Products offered for sale by PARFUMS VIKTORIA MINYA e-boutique are those that are shown on the Site, on the day on which the Consumer views it and within the limit of the stocks available.
2.2.2. If a Product is not available, PARFUMS VIKTORIA MINYA e-boutique will notify the Consumer as soon as possible by e-mail that a partial order will take place or that his/her order is cancelled.
If the Consumer’s bank account had already been debited at the time that the Consumer is informed as above, PARFUMS VIKTORIA MINYA e-boutique undertakes to reimburse the Consumer as soon as possible for the price of the Product(s) that was (were) not available to the bank account used at order time.
2.2.3. PARFUMS VIKTORIA MINYA e-boutique reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that PARFUMS VIKTORIA MINYA e-boutique has already accepted prior to implementing such amendments.
2.3.1. All prices are shown in Euros. The applicable prices are those that are shown on the Site at the time at which the Consumer places his/her order. The prices are subject to French VAT and any change in the legal rate of that VAT will be applied to the price of the Products presented on the Site, on the date stipulated by the application decree governing it. If the Consumer uses a bank account that is located outside the Euro Zone, particularly in the United Kingdom, the Consumer’s bank may charge currency exchange fees and bank fees, which will be payable solely by the Consumer.
2.3.2. PARFUMS VIKTORIA MINYA e-boutique reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that PARFUMS VIKTORIA MINYA e-boutique accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
2.3.3. The prices shown in the PARFUM VIKTORIA MINYA e-boutique do not include local customs costs in the country of delivery. PARFUMS VIKTORIA MINYA have no control over these charges and cannot predict what they might be. Since customs policies vary widely from country to country, we invite our clients to contact their local customs office for further information. Solely the Consumer is responsible to pay for such customs costs upon delivery, PARFUMS VIKTORIA MINYA refuses to hold liability for any customs-related costs.
ARTICLE 3: ORDERING
3.1. THE ORDERING PROCESS
By browsing the Site, the Consumer can find out about the various Products offered for sale on the day s/he views the Site.
The Consumer is not committed in any way to make an order by browsing the Site.
While browsing the Site, the Consumer who wishes to make an order may do so just by clicking on the “Add to cart” or ‘Buy Sample’ buttons that is located next to each Product viewed.
Once the Consumer does this, the article(s) in the basket appear, offering to continue his/her purchases or start to finalize the order by clicking on ‘Open my cart’.
If the Consumer decides to finalize his/her order, his/her basket will be displayed on the screen, by clicking on ‘View shopping cart’ containing all the items in the order and showing the total amount payable, including shipping costs, the type of Products ordered and their quantity. The Consumer can come back to this order, add to it, amend it, or cancel it until it is validated.
The Consumer is informed that at any time during the ordering process, right up to actual payment of the order under the conditions specified in Article 4, s/he is able to come back to this order, add to it, amend it, or cancel it until it has been finally validated.
Once the selection of the Products has been completed, the Consumer will be able to order them by clicking on the “View shopping Cart” icon and then, once the basket containing the products is on the screen, by clicking on “Checkout”. Then a new web page will open, inviting the Consumer to provide his/her address details by accurately filling in the form provided. The Consumer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his/her name and e-mail address.
Once the form has been filled in completely, an order summary will display all the information relating to this order – the type, quantity and price of the Products, the total amount (including shipping costs) – by clicking on the “Continue” part.
The Consumer will be invited, after checking the state of his/her order, to:
– either click on the “Bank Transfer” button to start the payment process for his/her order via bank transfer, under the conditions of Article 4 of these General Terms and Conditions of Sale;
– or click on the “Pay with Paypal” button to start the payment process for his/her order via Paypal, under the conditions of Article 4 of these General Terms and Conditions of Sale.
Once the Consumer clicks on the ‘Continue’ bottom, s/he is invited to pay, either by sent to the website of Paypal, or a confirmation message appears about further instructions, in case the Consumer has chosen to pay via bank transfer.
The Consumer must then pay for his/her order. Either by bank transfer, in which case, s/he will get an information email with the necessary bank information, or via Paypal, in that case the Paypal platform web page will open up and according to the instructions, the Consumer can pay for the order.
The data recorded by PARFUMS VIKTORIA MINYA e-boutique are proof of all the transactions placed between PARFUMS VIKTORIA MINYA e-boutique and the Consumer.
3.2. ORDER CONFIRMATION
3.2.1 IN CASE OF PAYMENT VIA PAYPAL
Once the Consumer has been redirected to Paypal website, s/he has paid the total amount of his or her order, s/he is required to click on ‘Complete my order’ that will indirectly take back the Consumer to the PARFUMS VIKTORIA MINYA e-boutique. A printable and savable summary of the Consumer’s order will be displayed and will show the order’s references. A confirmation email is sent also from Paypal, as well as from PARFUMS VIKTORIA MINYA, concerning the order with the following details:
– the number of the order determined by PARFUMS VIKTORIA MINYA e-boutique when the order is placed by the Consumer;
– the summary of the order (identification of the Product(s) ordered, the quantity, the price);
– the total amount of the order, inclusive of all taxes;
– the shipping charges;
– confirmation of payment;
3.2.2. IN CASE OF BANK TRANSFER
Once the order has been confirmed, a printable and saveable summary of the Consumer’s order will be displayed and will show the order’s references.
The Consumer is also notified that PARFUMS VIKTORIA MINYA e-boutique will soon send him/her an e-mail with the necessary bank information so that his/her order can be completed by paying via bank transfer.
3.2.3. PARFUMS VIKTORIA MINYA e-boutique retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.
3.2.4. In order to protect itself against credit card fraud, PARFUMS VIKTORIA MINYA e-boutique reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity and/or credit cards, etc.) in order to verify the legitimacy of a suspicious credit card order.
Unless a reply to PARFUMS VIKTORIA MINYA e-boutique’s request for additional information is received within fifteen (15) days of said request, all suspect credit orders will be immediately cancelled and no compensation will be paid.
3.3. PROOF OF THE ORDER
In general, PARFUMS VIKTORIA MINYA e-boutique and the Consumer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site and Paypal’s website, especially as concerns the type and date of the order.
ARTICLE 4: PAYMENT
4.1. Payment must be made via the services of Paypal or via bank transfer at all time of the order in Euros.
4.2. PARFUMS VIKTORIA MINYA e-boutique reserves the right to refuse any order or any delivery in the event that the ceilings shown in the foreword hereto are exceeded, or that a dispute exists with the Consumer, or if a previous order by the Consumer had not been paid or had only partially been paid, or if the banking authorities refuse to authorize the payment by bank card, or if the order had not been paid or had only partially been paid.
4.3. The Consumer guarantees to PARFUMS VIKTORIA MINYA e-boutique that s/he has the authorizations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses the payment, the order will automatically be cancelled.
4.4. SECURITY WITH PAYPAL PAYMENT
PARFUMS VIKTORIA MINYA e-boutique uses one of the most secure online payment services, Paypal, which guarantees the Consumer that PARFUMS VIKTORIA MINYA never has access to the confidential details concerning the method of payment that the Consumer uses to pay for his/her order. Only Paypal is in possession of that information.
4.5. SECURITY WITH BANK TRANSFER PAYMENT
If the Consumer places and order and wishes to pay via bank transfer, PARFUMS VIKTORIA MINYA has absolutely no access to the confidential details of the Consumer’s bank information.
ARTICLE 5: DELIVERY AND RECEIPT
5.1. DELIVERY METHOD
Once the order has been prepared, it will be sent to the mailing address provided by the Consumer when s/he placed his/her order. PARFUMS VIKTORIA MINYA will send details of the shipping to the Consumer upon posting the ordered goods. The Consumer will be able to follow the progress of his/her delivery on the Colissimo tracking website, with the tracking number sent in the shipping confirmation email. The Products are delivered by the post, if the Consumer is not at home, the shipper will leave a non-delivery notice in the Consumer’s letter box and usually place the order to the nearest post office.
Since delivery is handled by a third-party service provider, PARFUMS VIKTORIA MINYA e-boutique informs the Consumer that it cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Consumer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.
Products are shipped by the post that usually delivers the packages within the following average time-frames:
– up to 2-3 business days from dispatch if delivery is to France
– up to 4-5 business days from dispatch if delivery is to Europe
– up to 7-10 business days from dispatch if delivery is outside Europe.
Saturdays, Sundays and public holidays are not considered to be business days.
5.3. DELAY IN DELIVERY
The Consumer should notify the Customer Service of any important delay in delivery as soon as possible via the Contact page, so that PARFUMS VIKTORIA MINYA e-boutique can commence investigations with the postal services. We are bound to inform the Consumer that the time to complete an investigation is variable, since PARFUMS VIKTORIA MINYA e-boutique has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated on the delivery slip.
Upon delivery, the purchaser or the addressee of the products ordered shall sign a delivery slip and a receipt. In case of absence, the Consumer or the addressee shall receive a delivery note, usually allowing retrieving the order in the nearest post office stated in the delivery notice. Upon delivery, the Consumer or the addressee must check the apparent condition of the products. During the delivery, in case of apparent anomaly (damage, missing product, damaged parcel or broken product) noticed in front of post’s representative, the Consumer or the addressee must apply the “Colissimo process”, by reporting the damages or the missing items and by expressing claims and reservations, and must deny the delivery by immediately filling an anomaly report with the post’s representative.
The reservation and claims must be comprehensive and accurate. They must accurately describe the damages noticed and provide the order number. In accordance with Article L.133-3 of the French Consumer Code, any reservation must be confirmed by registered letter within three (3) days of receipt. All reservations of this type must be provided to PARFUMS VIKTORIA MINYA e-boutique’s Customer Service within the time-frame, at the following address: CUSTOMER SERVICE PARFUMS VIKTORIA MINYA – 66, avenue des Champs-Elysées, LOT 41, 75008 Paris. Any complaint made after this time-frame or not in line with the required form will be rejected and PARFUMS VIKTORIA MINYA e-boutique will be freed of all liability.
ARTICLE 6: RIGHT OF RETURN
6.1. WITHDRAWAL RETURNS
All products of PARFUMS VIKTORIA MINYA are prepared to order, and therefore made especially for the Consumer. As such, we unfortunately cannot take any returns. PARFUMS VIKTORIA MINYA invites the Consumer to try a sample before purchasing a full size bottle.
6.2. DEFECTIOUS ITEMS RETURN
For any non-compliant Product, the Consumer shall contact PARFUMS VIKTORIA MINYA e-boutique via the Contact page. The Customer Service Department will then tell the Consumer what steps to take.
The Product(s) must without fail be returned in their original packaging with a copy of the invoice.
PARFUMS VIKTORIA MINYA e-boutique does not accept packages that are sent C.O.D.
The Consumer remains responsible for any risk associated with the return of the Product(s).
On receipt of the allegedly non-compliant Product(s), PARFUMS VIKTORIA MINYA e-boutique will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, PARFUMS VIKTORIA MINYA e-boutique will then reimburse the Consumer, to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).
ARTICLE 7: LIABILITY
PARFUMS VIKTORIA MINYA e-boutique may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus.
PARFUMS VIKTORIA MINYA e-boutique is not liable for breaches of its obligations, as defined herein that arise out of a case of force majeure.
PARFUMS VIKTORIA MINYA is not liable for any possible allergic reactions caused by the use of its perfumed products. PARFUMS VIKTORIA MINYA invites the Consumer to read with attention the ingredients lists present in details on the packaging of the Product(s) before any contact on the skin or any eventual inhalation.
ARTICLE 8: JURISDICTIONAL CONSIDERATIONS
8.1. FORCE MAJEURE
No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes “force majeure,” such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event.
The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event.
If the force majeure event lasts for longer than one (1) month, PARFUMS VIKTORIA MINYA e-boutique shall be allowed not to honor the order, though PARFUMS VIKTORIA MINYA e-boutique is obliged to reimburse the Consumer, if the Consumer has paid, the amounts paid by the Consumer for the order concerned.
8.2. PARTIAL NON-VALIDATION
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
8.3. NO WAIVER
The fact that one of the Parties did not require the application of any clause of these General Terms and Conditions of Sale, whether on a permanent or temporary basis, shall not in any circumstances be considered as a waiver of the rights of that Party arising out of that clause.
8.4. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
PARFUMS VIKTORIA MINYA e-boutique reserve the right to amend these General Terms and Conditions of Sale at any time.
8.5. ENTIRE AGREEMENT
These General Terms and Conditions of Sale and the order summary sent to the Consumer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.
8.6. APPLICABLE LAW – DISPUTES
The law that applies to these General Terms and Conditions of Sale and to the orders relating thereto is French law, to the exclusion of the Vienna Convention concerning international sales contracts for goods.
Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of Paris or the courts appointed by the common law provisions.