Terms of sale

The present general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an Internet user/natural person (hereinafter the “CUSTOMER”) on the website https://www.pop-parfum.com (hereinafter the “SITE”) from THE OTHERS PERFUMERS, a simplified joint-stock company (SAS) registered with the LYON Trade and Companies Register under number 819 421 413 000 25, whose registered office is located at 13 rue Sainte Hélène, 69002 Lyon, France, Tel: +33 (0)4 28 29 80 26, Email: hello@perfumeofpeople.com (hereinafter the “SELLER”).

Any order placed on the SITE necessarily implies the CUSTOMER’s unconditional acceptance of these General Terms and Conditions.

Article 1. Definitions

The following terms used herein shall have the following meanings:

• “CUSTOMER”: refers to the SELLER’s contracting party, who guarantees to have the status of consumer as defined by French law and case law. As such, it is expressly stated that the CUSTOMER is acting outside any usual or commercial activity.

• “DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address provided at the time of the order.

• “PRODUCTS”: refers to all products available on the SITE.

• “TERRITORY”: refers to Mainland FRANCE (excluding overseas departments and territories).

Article 2. Purpose

These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department to benefit from separate contractual conditions.

Article 3. Acceptance of the General Terms and Conditions

The CUSTOMER agrees to read these General Terms and Conditions carefully and to accept them before proceeding to the payment of an order placed on the SITE.

These General Terms and Conditions are referenced at the bottom of each page of the SITE via a link and must be consulted before placing the order. The CUSTOMER is invited to read, download, print, and retain a copy of the General Terms and Conditions. The SELLER recommends that the CUSTOMER reads the General Terms and Conditions each time they place a new order, as the latest version shall apply to any new order of PRODUCTS.

By clicking the first button to place the order, and then the second to confirm the order, the CUSTOMER acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.

Article 4. Purchasing Products on the SITE

To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, must be able to provide proof of consent from their legal representatives.

The CUSTOMER will be invited to provide identifying information by completing the form available on the SITE. Fields marked with an asterisk (*) are mandatory and must be completed for the SELLER to process the CUSTOMER’s order.

The CUSTOMER can check the status of their order on the SITE.

Order tracking may be available using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s customer service at sav@perfumeofpeople.com for updates on their order.

The CUSTOMER must ensure that all information provided to the SELLER is complete, accurate, and up-to-date. The SELLER reserves the right to request confirmation of the CUSTOMER’s identity, eligibility, and provided information.

Article 5. Orders

5.1. Product Features

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information required under applicable law (within these General Terms and Conditions).

The CUSTOMER agrees to read this information carefully before placing an order on the SITE.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.

5.2. Order Procedure

PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note that the steps may slightly vary depending on the CUSTOMER’s starting page).

5.2.1. Selecting Products and Purchase Options

The CUSTOMER must select the desired PRODUCT(s) by clicking on the relevant PRODUCT and choosing the desired features and quantity. Once selected, the PRODUCT is added to the CUSTOMER’s cart. The CUSTOMER may add as many PRODUCTS to the cart as they wish.

5.2.2. Orders

Once the PRODUCTS are selected and added to the cart, the CUSTOMER must click on the cart and check that the order contents are correct. If the CUSTOMER has not yet done so, they will be invited to log in or register.

After validating the cart contents and logging in/registering, a summary form will appear, indicating the price, applicable taxes, and any applicable delivery charges.

The CUSTOMER is invited to verify the order details (including quantity, features, PRODUCT references, billing address, payment method, and price) before confirming the order. They may then proceed to payment and provide the necessary information for billing and DELIVERY.

For PRODUCTS with selectable options, specific references will appear once the correct options are chosen. Orders must include all necessary details to be processed properly. The CUSTOMER must also choose a delivery method.

5.2.3. Order Confirmation

Once all steps are completed, a confirmation page will appear on the SITE. A copy of the order confirmation will be sent to the CUSTOMER by email, provided the email address supplied is correct. The SELLER does not send confirmations by postal mail or fax.

5.2.4. Invoicing

During the ordering process, the CUSTOMER must provide billing details (fields marked with an asterisk (*) are mandatory). This includes all relevant DELIVERY information, including the full address and any access codes.

The CUSTOMER must then choose their payment method. Neither the online order form nor the confirmation email sent by the SELLER constitutes an invoice.

Regardless of the ordering or payment method used, the CUSTOMER can download the invoice from their account after the order or request it from customer service (see Article 15 “Complaints”).

5.3. Order Date

The order date is the date on which the SELLER acknowledges receipt of the order online. Any indicated delivery times begin from this date.

5.4. Prices

All PRODUCT prices on the SITE are in euros and include all applicable taxes, as well as delivery fees (based on parcel weight, excluding packaging and gifts, the DELIVERY address, and the chosen carrier or delivery method).

Prices include value-added tax (VAT) at the applicable rate on the order date. Any changes to this rate may affect the PRODUCT prices. The VAT rate is expressed as a percentage of the PRODUCT’s value.

SELLER’s supplier prices may change, and consequently, prices listed on the SITE are subject to change. Prices may also be modified during promotional or special sales. The applicable price is the one in effect at the time the CUSTOMER places the order.

5.5. Product Availability

Availability is usually indicated on the PRODUCT page. CUSTOMERS may be informed of restocks by the SELLER. If availability is not indicated at the time of order, the SELLER agrees to inform the CUSTOMER promptly if a PRODUCT is unavailable.

At the CUSTOMER’s request, the SELLER may:

• Ship all PRODUCTS together when the out-of-stock items are restocked;

• Make a partial shipment of available PRODUCTS first, with the rest sent later (with clear communication about any additional shipping fees);

• Offer an equivalent alternative PRODUCT, subject to CUSTOMER approval.

If the CUSTOMER cancels the order of unavailable PRODUCTS, a full refund will be issued within thirty (30) days of payment.

Article 6. Payment

6.1. Payment Methods

The CUSTOMER may pay online using the payment methods provided by the SELLER.

The CUSTOMER guarantees that they have all necessary authorizations to use the selected payment method. The SELLER takes all necessary measures to ensure the security and confidentiality of data transmitted during online payments. All payment information entered on the SITE is transmitted directly to the SITE’s bank and is not processed on the SITE.

6.2. Payment Date

For single payments by credit card, the CUSTOMER’s account will be charged upon ordering the PRODUCTS.

In the case of partial DELIVERY, the full amount will be charged when the first parcel is shipped.

If the CUSTOMER cancels an order for unavailable PRODUCTS, the refund will be processed in accordance with Article 5.5.

6.3. Payment Delay or Refusal

The SELLER reserves the right to suspend or cancel any execution and/or DELIVERY of an order, regardless of its nature or execution level, in case of non-payment, partial payment, payment incident, or fraud (or attempted fraud) related to use of the SITE or payment of an order.

Late payment penalties equal to the current French legal interest rate will be applied automatically to unpaid amounts upon notice of rejected payment.

If the CUSTOMER’s bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s customer service to arrange alternative payment. If, for any reason (objection, refusal, etc.), the transfer of funds fails, the order will be canceled and the sale automatically terminated.

Article 7. Proof and Archiving

Any contract for an order exceeding one hundred and twenty (120) euros (VAT included) will be archived by the SELLER for ten (10) years in accordance with Article L. 134-2 of the French Consumer Code. The SELLER agrees to keep these records to allow transaction tracking and to provide a copy upon CUSTOMER request. In the event of a dispute, the SELLER may prove that its electronic tracking system is reliable and ensures the integrity of the transaction.

Article 8. Transfer of Ownership

The SELLER retains ownership of the delivered PRODUCTS until full payment is received from the CUSTOMER. This provision does not prevent the transfer of risk of loss or damage to the CUSTOMER at the time of receipt of the PRODUCTS by the CUSTOMER or a third party other than the carrier designated by the CUSTOMER.

Article 9. DELIVERY

The terms and conditions of PRODUCT DELIVERY are accessible via a hyperlink at the bottom of each page of the SITE.

Article 10. Packaging

PRODUCTS will be packaged in accordance with applicable transport standards to ensure maximum protection during DELIVERY. CLIENTS agree to adhere to the same standards when returning PRODUCTS as specified in Article 11 “Right of Withdrawal”.

Article 11. Right of Withdrawal

11.1 Terms of the Right of Withdrawal

In accordance with Article L. 221-18 of the French Consumer Code, the CLIENT has a period of fourteen (14) calendar days from the date of receipt of the order to exercise the right of withdrawal for one or more of the PRODUCTS ordered, without having to provide any reason or pay any penalty.

The CLIENT may submit a withdrawal request by sending an email to: sav@perfumeofpeople.com or via the contact form.

The following PRODUCTS are excluded from the right of withdrawal and are therefore not eligible for refund by the SELLER:

• PRODUCTS made to the CLIENT’s specifications or clearly customized,

• PRODUCTS which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly,

• PRODUCTS unsealed by the CLIENT after DELIVERY and which cannot be returned for reasons of hygiene or health protection.

11.2 Return of Products

PRODUCTS must be returned to the SELLER no later than fourteen (14) days after the CLIENT has notified their decision to withdraw.

Return of PRODUCTS is at the CLIENT’s risk and expense, who will bear all direct costs of return.

The CLIENT must return the PRODUCTS to the SELLER:

• Properly protected, in their original packaging, in perfect resale condition (not damaged, soiled or used), and including all accessories, user manuals and documentation,

• Accompanied by the sales invoice to enable identification of the CLIENT and the related order,

• Without having been clearly used beyond a few minutes, i.e., the PRODUCTS must not show signs of prolonged use exceeding the time required for testing and must be in a resellable condition.

PRODUCTS must be returned to the following address:
13 rue Sainte-Hélène, 69002 LYON, France.

The SELLER will refund the price of the returned PRODUCTS within fourteen (14) days from receipt of the PRODUCTS. The refund will be made using any payment method at the SELLER’s discretion.

For any withdrawal request, please contact us via our contact form.

Article 12. Warranties

12.1 Legal Warranties

These General Terms and Conditions do not affect the CLIENT’s legal warranty rights as a consumer. The CLIENT benefits from the legal warranty of conformity as per Articles L.217-3 et seq. of the French Consumer Code. The SELLER must deliver a PRODUCT that is in conformity, meaning fit for the intended use of similar goods and matching the description provided on the SITE. This also implies that the PRODUCT must have the qualities reasonably expected based on the SELLER’s public statements, including in advertising and labeling.

The SELLER is responsible for conformity defects existing at the time of delivery and any resulting from packaging, assembly instructions, or installation when the latter is the SELLER’s responsibility.

The CLIENT has two (2) years from delivery to act. They may choose between repair or replacement of the PRODUCT, subject to the cost conditions in Article L.217-9 of the French Consumer Code.

If replacement or repair is impossible, the SELLER agrees to refund the PRODUCT within thirty (30) days of receipt of the returned PRODUCT.

The CLIENT does not need to prove the defect’s existence within twenty-four (24) months from delivery. This legal warranty of conformity applies independently of any commercial warranty granted for the PRODUCTS.

The CLIENT may also invoke the legal warranty against hidden defects under Articles 1641 et seq. of the French Civil Code.

The SELLER is liable for hidden defects that render the PRODUCT unfit for its intended use or that so diminish this use that the CLIENT would not have acquired it or would have paid a lower price if they had known about the defects.

The CLIENT has two (2) years from discovery of the defect to act and may choose between cancelling the sale or receiving a price reduction in accordance with Article 1644 of the French Civil Code.

Legal Warranty Against Hidden Defects:

• Article 1641 of the Civil Code: “The seller is bound to a warranty on account of the hidden defects of the item sold which render it unfit for its intended use, or which impair such use to the extent that the buyer would not have acquired it, or would have given a lower price for it, had they known of the defects.”

• Article 1648 paragraph 1 of the Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

Legal Warranty of Conformity:

• Article L.217-4 of the Consumer Code: “The seller delivers a good in conformity with the contract and is liable for conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions or installation when these are the seller’s responsibility.”

• Article L.217-5 of the Consumer Code: “The good is in conformity with the contract:
  1° If it is suitable for the usual use of a similar good and, where applicable:

• If it corresponds to the description given by the seller and has the qualities presented to the buyer as a sample or model;

• If it has the qualities that a buyer can reasonably expect in light of public statements made by the seller, producer or representative, notably in advertising or labeling;
  2° Or if it has the characteristics defined by mutual agreement or is suitable for any special use required by the buyer, made known to the seller and accepted.”

• Article L.217-12 of the Consumer Code: “The action resulting from a conformity defect is time-barred after two years from delivery of the good.

12.2 Exclusion of Warranty

The following are excluded from warranties:

• Damage caused by external factors,

• Damage resulting from use of PRODUCTS not in accordance with user guides or the SELLER’s instructions,

• Damage caused by negligence, lack of maintenance or supervision attributable to the CLIENT or third parties.

Article 13. Liability

The SELLER shall not be held liable in any way for failure or improper performance of contractual obligations attributable to the CLIENT, especially during order placement.

The SELLER shall not be liable or considered in default for any delay or non-performance resulting from a force majeure event as defined in Article 16 of these Terms and Conditions.

The SELLER shall not be liable for any inconveniences or damages inherent in the use of the SITE, particularly service interruption, external intrusion or the presence of computer viruses.

The SELLER shall not be liable for any indirect damages resulting from these General Terms and Conditions.

Article 14. Protection of Personal Data

The CLIENT is informed and agrees that personal data may be collected on the SITE and used by the SELLER acting as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 (General Data Protection Regulation or “GDPR”).

The SELLER commits to protect the CLIENT’s personal data and to ensure its security and confidentiality in compliance with the GDPR, particularly by taking all necessary precautions to prevent distortion, damage, or unauthorized third-party access.

CLIENT data may be transmitted to service providers and contractual partners who, as processors under the GDPR, contribute directly to order management and require access to the CLIENT’s personal data (identity, postal address, telephone number, email). These processors may act only upon the SELLER’s instructions.

Personal data is collected for the following purposes: order and client relationship management; client information regarding offers and news; enhancement and improvement of SITE and brand communication, including via newsletters and special offers; personalization of services; and compliance with legal obligations. CLIENT data is only kept as long as necessary for these purposes.

In accordance with the GDPR, the CLIENT has the right to access, rectify, or object to the processing of their personal data (the "Data Protection Rights"). To exercise one or more of these rights, the CLIENT must submit a request to the SELLER’s customer service, either via the contact form on the SITE or by mail to:
POP! customer service, 13 rue Sainte-Hélène, 69002 LYON, FRANCE
including their full name, email address, and customer references. Each request must be signed and include a copy of a valid ID with the CLIENT’s signature, along with the response address. The SELLER will respond within two (2) months of receiving the request. The CLIENT may also provide instructions on how their Data Protection Rights should be handled after their death, in accordance with the GDPR.

Article 15. Complaints

Any CLIENT complaint regarding the execution of the contract must be sent:

• By post to: 13 rue Sainte-Hélène, 69002 LYON, FRANCE;

• Via the SITE;

• By email: sav@perfumeofpeople.com.

Article 16. Force Majeure

Performance by either party of all or part of their obligations will be suspended in the event of a force majeure as defined in Article 1218 of the Civil Code that impedes or delays such performance. This includes, but is not limited to, war, riots, pandemics, insurrection, civil unrest, and all types of strikes. 

Each party shall inform the other party of the occurrence of a force majeure event within seven (7) days of its occurrence. If the suspension continues for more than fifteen (15) days, either party may terminate the contract.

Article 17. Intellectual Property

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent laws. These elements are the exclusive property of the SELLER. Any person operating a website and wishing to create a direct hyperlink to the SITE must obtain the SELLER’s written authorization. This authorization will never be granted on a permanent basis. The link must be removed at the SELLER's request. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.

Article 18. Validity of the General Terms and Conditions

Any change in applicable laws or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of the remaining terms and conditions. Such a modification or decision does not authorize the CLIENTS to disregard these General Terms and Conditions. Any conditions not explicitly addressed herein shall be governed by the customary practices in the retail sector for companies whose headquarters are located in France.

Article 19. Modification of the General Terms and Conditions

These General Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Terms and Conditions are precisely dated and may be modified and updated at any time by the SELLER. The applicable General Terms and Conditions are those in effect at the time of the order. Changes made to the General Terms and Conditions will not apply to PRODUCTS already purchased.

Article 20. Jurisdiction and Applicable Law

These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law. In the event of a dispute, only French courts will have jurisdiction. However, before any referral to an arbitral or state court, the parties shall seek to resolve the dispute through amicable negotiation in a spirit of loyalty and good faith. The party wishing to initiate negotiations must inform the other party by registered letter with acknowledgment of receipt, stating the elements of the conflict. If the parties fail to reach an agreement within fifteen (15) days, the dispute shall be submitted to the competent court designated below. During the negotiation process and until its conclusion, the parties agree not to bring any legal action against each other regarding the subject of the dispute. By way of exception, the parties may refer the matter to the summary court or request an order on petition. Any action before the summary court or the implementation of an order on petition procedure does not constitute a waiver of the amicable settlement clause, unless expressly agreed otherwise.

Consumer Dispute Mediation

In accordance with the provisions of the French Consumer Code regarding the amicable resolution of disputes, the CLIENT has the right to use the mediation service offered by the SELLER free of charge.

The SELLER is a member of the e-commerce mediation service of the FEVAD (Federation of e-commerce and distance selling), whose contact details are as follows:
https://www.mediateurfevad.fr/index.php/contact/

How to contact the Mediator:
https://www.mediateurfevad.fr/index.php/espace-consommateur/

This mediation service can be reached:

• By email: mediateurduecommerce@fevad.com

• By post: Médiateur de la consommation FEVAD - BP 20015 – 75362 PARIS CEDEX 8

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court settlement of online disputes between consumers and professionals within the European Union.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

 

ANNEX 1: SHIPPING POLICY

The PRODUCTS offered can only be delivered within the TERRITORY. It is not possible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the DELIVERY address(es) provided by the CLIENT during the ordering process.

Shipping Timeframe. The preparation time for an order and the issuance of the invoice before the shipment of in-stock PRODUCTS is indicated on the SITE. These timeframes exclude weekends and public holidays. An email will automatically be sent to the CLIENT when the PRODUCTS are shipped, provided that the email address given during registration is correct.

Delivery Times & Costs. During the ordering process, the SELLER will inform the CLIENT of the possible delivery times and shipping methods for the purchased PRODUCTS. Shipping costs are calculated based on the selected delivery method. These costs are payable by the CLIENT in addition to the price of the PRODUCTS. Detailed delivery times and costs are provided on the SITE.

Delivery Terms. The package will be delivered to the CLIENT against a signature and upon presentation of an ID. In case of absence, a delivery notice will be left for the CLIENT to collect the parcel from the local post office.

Delivery Issues. The CLIENT is informed of the delivery date when selecting the carrier at the end of the online ordering process, before confirming the order. Deliveries will be made within a maximum of thirty (30) days. Failing that, the CLIENT must demand delivery within a reasonable period. If the SELLER fails to deliver within that time, the CLIENT may terminate the contract. The SELLER will refund the full amount paid for the PRODUCTS, including taxes and delivery costs, without undue delay from receipt of the termination letter, using the same payment method used by the CLIENT. The SELLER remains liable until the PRODUCT is delivered to the CLIENT.

The CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss observed during DELIVERY.