Conditions Générales de Vente

  1.      APPLICATION OF THE TERMS AND CONDITIONS OF SALE

 

1.1.         NOSE only refers to and sells the products present on its website www.nose.fr (hereinafter the “Website”) at retail and to the end customer. As a result, NOSE has the right to cancel any order that it does not consider to be that of an end customer, unilaterally and without formality. 

For his part, and prior to his order, the client declares: (i) that any purchase that he makes on the Website is not connected in any way with professional activity of any kind and is strictly for personal use, and (ii) that he has full legal powers to enter into contracts, it being specified that if he does not, his legal guardians will be fully liable for his order (hereinafter the “Client”).

1.2.         These terms and conditions of sale are the basis of the business relationship between NOSE and the Client, who acknowledges that he has familiarized himself with them before placing his order (hereinafter the “Terms and Conditions of Sale”). They are applicable, without restriction or reservation, to all sales of products presented by NOSE on its Website.

Placing an order for a product presented for sale on the Website implies that the Client fully and unreservedly agrees to the Terms and Conditions of Sale, excluding any other documents such as prospectuses or catalogues issued by NOSE and which are for indication only. No specific condition may supersede the Terms and Conditions of Sale, unless formal written consent is given by NOSE. Any condition to the contrary presented by the Client will, therefore, be ineffective against NOSE, unless expressly accepted by the latter, at whatever time it may be brought to its knowledge. The acceptance of the Terms and Conditions of Sale implies, without reserve, the Client’s acceptance of the terms and conditions of use available to ___________ on the Website and which apply to the Client.

The Terms and Conditions of Sale and the terms and conditions of use of the Website complement each other and form an inseverable contractual unit.

The fact that NOSE chooses not to apply any particular provision of these Terms and Conditions of Sale is not to be construed as its waiving the right to subsequently apply any of said Terms and Conditions of Sale.

2.     CONCLUSION OF THE CONTRACT

2.1.  Order

As long as the Client has not confirmed his order, he has the right to check the details of his draft order and modify the content of his cart or cancel his order.

As a result, from the time the Client confirms his order by clicking on the icon “Confirm your Order” (hereinafter the “Order”), he has validly accepted all features of the order’s content (products, volumes, price, quantities, delivery), the conditions of his order and the Terms and Conditions of Sale and the terms and conditions of use of the Website. The Client may therefore no longer cancel or modify his order at this stage. 

The sale will become final once the Client’s Order has been confirmed by him.

Said Order will be confirmed by NOSE via email sent to the Client (hereinafter the “Order Confirmation Email”). This Order Confirmation Email will be sent to the email address entered by the Client when he registers and/or when he signs in before placing his Order. In this regard, NOSE declines all liability, on any grounds whatsoever, in the event that the Client’s email address is incorrectly entered or if the Order Confirmation Email is not received by the latter. In such a case, the sale will be considered final, excluding cases of cancellation reserved for NOSE.

A second email will be sent to the Client at the same email address when the Order is dispatched. As of the time this second email is sent, NOSE will have the right to collect full payment for the Order and the fees connected with it.

It is recommended that the Client keep these two emails on paper or electronically.

 At any time during the abovementioned stages, NOSE has the right to suspend or cancel any Order and/or delivery in the event of partial or non-payment of any amount owed by the Client, in the event of payment irregularity, fraud and/or misappropriation in connection with the use or utilization of the Website, including at the time of past Orders. In the same timeframe and conditions, NOSE may cancel any order if it no longer has the product(s) ordered in stock (see 5.); it being specified that in such a case NOSE will reimburse the Client without delay and at the latest within thirty (30) days following the Order Confirmation Email.

2.2.  Price

The retail prices of the products presented on the Website are listed in Euro and are the prevailing prices at the time the Order is placed by the Client. 

The retail prices of the products presented may be modified by NOSE at any time. Consequently, NOSE will not be compelled to sell at any prices other than those at which the product is sold on the Website at the time the Order is confirmed by the Client.

Said prices do not include shipping charges, which are billed in addition to the price of the products sold. Said shipping charges will be shown before the Order is completed by the Client.

 The prices include the value added tax (VAT) at the rate applicable on the day of the Order. Any change of applicable VAT rate will be reflected automatically on the prices of the products sold by NOSE on its Website.

2.3.  Products

NOSE has the right to modify the products presented for sale on its Website at any time, without prejudice to the Orders placed by the Client.

 Before placing his Order, the Client can familiarize himself with the essential features of the product(s) he wishes to Order on the Website pursuant to article L.111-1 of the Consumer Code which provides that:

“Article L.111-1 of the Consumer Code: 

I. - All business vendors of goods or services must ensure, prior to conclusion of the contract, that the consumer is in a position to discover the essential features of the goods or services.

 II. - The manufacturer or importer of personal property must inform the business vendor of the period during which the parts that are essential for use of the goods are likely to be available on the market. The consumer must, compulsorily, be notified of this period by the vendor, before conclusion of the contract.

 III. - In the event of a dispute concerning the application of I and II, the vendor must prove that he has carried out his obligations.”

The products sold on the Website comply with French legislation in force at the time they are presented for sale. NOSE will not be held liable in the event that they do not meet the requirements of the legislation of the country to which the product will be delivered. The Client must verify if it is possible to import or use the products which he intends to order with the local authorities of the country of delivery. Fully informed, the Client assumes full liability in this regard. 

NOSE declines all liability for the information written on the products’ packaging.

For any question relating to the products, their use, or any further questions, the Client may contact NOSE by calling +33 (0) 1 40 26 46 03 during the opening hours of the service, which are listed under the heading “contact us” on the Website. The Client may also visit the NOSE store at 20, rue Bachaumont, Paris (75002), to obtain personalized advice.

2.4.     Samples 

The Client may request that samples of the products sold by NOSE on the Website (hereinafter the “Samples”) be sent to him. The order and dispatch of the samples will occur in the same conditions as that of the products. The samples are given to the Client free of charge. However, the Client must first pay the preparation, packaging, carriage, shipping and  charges connected with the dispatch. AS NOSE SAMPLES ARE GIVEN TO THE CLIENT FREE OF CHARGE, NOSE MAY NOT BE HELD LIABLE IN ANY CIRCUMSTANCE OR FOR ANY REASON WITH REGARD TO THE SENDING OR PROPER RECEIPT OF SAMPLES OR TO THE SAMPLES THEMSELVES. Important: NOSE keeps the sole right to cancel at any moment any abusive order of samples of a same perfume (any order of more than 2 samples of the same perfume and/or for any order of more than 10 samples).

3.     PAYMENT 

The Client declares and guarantees to NOSE that it is duly authorized to use the method of payment he will use to place his Order.

3.1.  Means of payment

3.1.1.             Bank cards

The following bank cards are accepted on the Website: Carte Bleue, Visa and Master Card. Said payment cards must be issued by a banking or financial establishment located in the European Union or Monaco.

 Bank fees and commissions will be borne by the Client, without exception.

 3.1.2.             Online credit

 Online credit refers to credit notes issued exclusively by NOSE, which may be only used by their beneficiary on the Website. They are valid for one (1) year as of the date they were issued and may not be used in the stores.

 The coupons and gift certificates given or purchased in the stores by the Client cannot be used on the Website.

 

3.1.3.             Penalties 

Penalties of an amount equal to twice the legal interest rate may, at the discretion of NOSE, be applied automatically to amounts remaining unpaid more than ten (10) days after the date of the Order or upon notification that a bank payment has been rejected.

 

3.2.         Security of payment operations/span>

 In order to ensure the safety of payment by bank card, the Client must provide NOSE with the last three digits of the card security code found on the back of the bank card being used. In addition, NOSE reserves the right to request a photocopy of proof of ID for any payment by bank card and/or all information relating to the identity of the Client. All banking information entered by the Client at the time of payment is immediately encrypted by “SSL” protocol in order to securely retain and transmit the personal and banking details of the Client. The payments are also secured by the “Verified by VISA”, “COMMODO”, “Authentic Site”, “MasterCard Secure Code” systems. Following his Order, the Client will receive email confirmation to verify that the billing address provided corresponds to the address of the bank card.

 As part of the fight against internet fraud, the information relating to the Order may be passed on to any third party authorized by law or appointed by NOSE for the sole purpose of verifying the identity of the Client, the validity of the Order, the method of payment used and the proposed delivery.

4.              DELIVERY

 The products ordered by the Client pursuant to these Terms and Conditions of Sale will be delivered to the address provided by the Client as the delivery address required (hereinafter the “Delivery Address”).

 NOSE delivers to all countries in the European Union and Monaco, except Cyprus and Malta. However, territories of EU countries situated outside the geographical area of Europe are not covered (e.g. French overseas territories and departments).

 Invoices are sent by email to the address provided by the Purchaser at the time of his registration on the Website.

4.1.         Delivery in metropolitan France, Corsica and Monaco

4.1.1.             Standard delivery

 The package containing the products ordered and paid for is placed in the mailbox at the Delivery Address. If the mailbox is not large enough to accommodate the package, the latter will be delivered to the residence and handed to the Client or recipient of the Order, or, at the discretion of La Poste, to another person, meaning any person in the same department, residing with him and specially appointed as his representative and holding power of attorney to that effect, or to a specifically identified third party.

 Where the package was unable to be delivered for the abovementioned reasons (inadequate size of the mailbox and/or absence of the recipient), the Client or recipient of the Order receives a notification of attempted delivery, enabling him to collect the package at the La Poste office specified on the notice of attempted delivery, within a fourteen (14) day period.

 Delivery itself may not be contested if the package appears to have been delivered, with the La Poste computer system (barcode scanning) being proof thereof.

 

4.1.2.             La Poste “Colissimo Suivi” delivery

 Upon delivery the Client or recipient of the Order must sign a delivery slip or an acknowledgement of receipt. Said acknowledgement of receipt is proof of delivery by NOSE and of receipt by the Client or recipient of the Order, of the products ordered.

 In the event of absence, the Client or recipient of the Order receives a notice of attempted delivery, enabling him to collect the products ordered at the La Poste office specified on the notice of attempted delivery, within a fourteen (14) day period. Past this period, the package is returned to the sender. In this case, the Client will be reimbursed for the value of the Order, minus the delivery charges, by any method selected by NOSE. The Client must place the order again if he wishes the package to be redelivered.

 Delivery itself may not be contested if the package appears to have been delivered, with the La Poste computer system (barcode scanning) being proof thereof.

 

4.1.3.             Delivery by Chronopost

 Upon delivery, made by an agent of the company Chronopost, the Client or recipient of the Order is required to electronically sign an acknowledgement of receipt. This acknowledgement of receipt is proof of delivery by NOSE and of receipt by the Client or recipient of the Order, of the products ordered.

 In the event of absence, the Client or recipient of the products ordered receives a notice of attempted delivery, enabling him to contact the carrier using the contact details specified on the notice of attempted delivery in order to organize a new delivery date. In the event that the package is not collected within a period of fourteen (14) working days as of receipt of the notice of attempted delivery, the package will be returned to NOSE and the Client will be reimbursed for the value of the Order, minus the delivery charges, by any method selected by NOSE.

 Delivery itself may not be contested if the package appears to have been delivered, with the carrier’s computer system (barcode scanning) being proof thereof.

 

4.1.4.             Term of delivery

NOSE undertakes to do its best to ensure that the products ordered are delivered within a maximum period of seven (7) days of the Order Confirmation Email. This period of seven (7) days following the Order Confirmation Email is given as a rough guide and without any guarantee, meaning that NOSE MAY NOT BE HELD LIABLE FOR NOT MEETING THIS TERM.

 Except in the event of force majeure and past a period of seven (7) working days as of the sending of the Order Confirmation Email, if the products have not been delivered, the Client may request cancellation of the Order by email or by registered mail with request for acknowledgement of receipt sent within a maximum of thirty (30) days after the maximum term specified for delivery of the products to the following address: NOSE – 20, rue Bachaumont, 75002 Paris.

4.2.         Methods of delivery to the other countries mentioned in article 4.1

 

NOSE reserves the right to unilaterally change international carrier if it deems necessary. It is understood that NOSE’s choice will not affect the Client.

 

4.3.         Anomaly, damage to the package 

4.3.1.             General conditions

In the event of anomaly discovered by the Client with regard to the package or the product(s) ordered (missing product(s), damaged product(s)), the Client or the recipient of the Order must imperatively and carefully follow the procedure described in 4.3.2. and 4.3.3. of the Terms and Conditions of Sale. If the adequate procedure is not followed the Client may not make a claim against the carrier or NOSE, nor may he require any reimbursement or redelivery of the products ordered.

 

4.3.2.             Procedure to be followed when a package is damaged:

 

-       Standard delivery:

  • Do not open the package. The opening of the package excludes the possibility of making a claim against La Poste and/or NOSE;
  • Return the unopened package to La Poste within five (5) working days of delivery;
  • Fill out a “declaration of damage” form with La Poste;
  • Notify NOSE Customer Service department of the anomaly;
  • Notification of incidents and lodging of reservations must be made within a period of three (3) working days.

-       Colissimo Suivi delivery:

  • In the event of anomaly discovered in the presence of the La Poste agent:
    • Refuse to accept delivery by immediately issuing a declaration of anomaly (declaration 170);
    • Inform NOSE of said refusal.
    • In the event of anomaly discovered outside the presence of the La Poste agent:
      • Notify the damage or non-compliance observed and lodge the necessary complaints and reservations with NOSE;
      • Notification of incidents and lodging of reservations must be made within a period of three (3) working days.

-       Chronopost delivery:

  • In the event of anomaly discovered in the presence of the Chronopost agent:
    • Refuse to accept delivery and immediately lodge all reservations regarding the anomaly detected clearly and in detail. Such reservations must be specified by the Client or recipient of the Order on the slip signed by the Chronopost delivery person.
    • Inform NOSE of said refusal.
    • In the event of anomaly discovered outside the presence of the Chronopost agent:
      • Notify the damage or non-compliance observed and lodge all complaints and reservations with NOSE.
      • Notification of incidents and lodging of reservations must be made within a period of three (3) working days.

 

In any case and upon a three (3) days term following the reception of the product, the Client has to notify to NOSE by e-mail at info@nose.fr, the problem or the damage in connection with the Order or the product.

 

4.3.3.     Procedure to be followed in the event of missing or damaged product

 

The Client or recipient of the Order must notify the absence or damage to the product to NOSE by e-mail at info@nose.fr upon a three (3) days term following the reception of the product.

 

NOSE may request any information relating to the identity of the Client or recipient of the Order and make any necessary verification at this time.

 

5.              STOCKOUT

 

In the event that NOSE has no more of the products ordered by the Client available in stock, NOSE will cancel the Order and undertakes to fully reimburse the Client.

 

6.              RIGHT TO AND PERIOD OF WITHDRAWAL

 

6.1.         Legal withdrawal period

 Pursuant to article L. 121-20 of the Consumer Code, the Client has a period of seven (7) clear days as of the day of receipt of the package containing the products ordered, to exercise his legal right of withdrawal. If the seven-day (7) time-limit expires on a Saturday, Sunday, public holiday or legal non-working day, it is extended until the next working day.

 “Article L.121-20 of the Consumer Code:

 The consumer has seven clear days in which to exercise his right of withdrawal without having to provide a reason or incurring a penalty, with the exception, where applicable, of the cost of returning the goods. The consumer may exceed this time limit in the event of him being unable to travel and simultaneously needing to call for an immediate service essential to his conditions of existence. In which case, he shall continue to exercise his right of withdrawal without giving a reason or incurring a penalty.

 The time limit indicated in the preceding paragraph runs with effect from receipt of the goods or, for services, from acceptance of the offer.

 When the information referred to in Article L. 121-19 has not been provided, the time limit applicable within which to exercise of the right of withdrawal is increased to three months. However, if such information is provided within three months of receipt of the goods or acceptance of the offer of services this shall activate the seven-day time limit referred to in the first paragraph.

 If the seven-day time limit expires on a Saturday, Sunday, public holiday or legal non-working day, it is extended to the next working day.”

 

6.2.         Conditions of exercising the right to withdrawal 

The legal right to withdrawal is exercised by the Client either by returning the products in question to the NOSE store situated 20, rue Bachaumont, Paris (75002), France, by mail (letter/package, etc.) to NOSE, 20, rue Bachaumont, Paris (75002), France.

 

6.2.1.             General conditions applicable to the different methods of return

 The products must imperatively be returned to NOSE in a condition in which it can be resold (products in perfect condition accompanied by their original packaging, accessories, instruction leaflet etc.). The package must imperatively not have been opened. The products must also be accompanied by the Order number, written either on the return slip, sent with the delivered products and signed by the Client or recipient of the Order, or on any other document. The return of products after this legal period of withdrawal will neither be accepted nor reimbursed.

 With regard to services purchased on the Website, the conditions of return hereafter stipulated may only be applied if said services have not been used, partially or wholly, by the Purchaser.

 

6.2.2.     Specifications for return by package or mail/span>

 

In addition to the conditions set out in article 6.2.1 of the Terms and Conditions of Sale, the Client or recipient of the Order who wishes to exercise his legal right to withdrawal by returning a product by letter/package must follow these instructions:

 -       use the original packaging to return the product(s) in question;

-       send the package or letter by registered mail with request for acknowledgement of receipt to the following address:

 

NOSE

20, rue Bachaumont

75002 PARIS

FRANCE

 

NOSE will refuse packages or mail sent by carriage forward. 

If the Client/recipient of the Order can not prove that he ensured that the product was deposited with a carrier or at a store, any risk linked with the product remains at the charge of the Client or recipient of the Order.

 

6.3.         Exercising the legal right to withdrawal

  • When a Client exercises his right to withdrawal pursuant to the conditions set out in 6. in terms of the time limit for and method of returning the products, the Client may receive, at his choice:
  • the exchange, in NOSE stores only, of the returned products for other products presented for sale by NOSE;
  • a credit note for a value equal to the price of the returned products, to be used on the Website only; or
  • reimbursement corresponding to the value of the returned products. In the event that the Order was paid for using gift vouchers, the reimbursement will be in the form of voucher checks.

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6.4.         Fees

 Pursuant to article L.121-20 of the Consumer Code, the cost of returning the goods will be borne by the Client, unless the products delivered do not conform to the Order. In such a case, the cost of returning the goods will be borne by NOSE.

 

6.5.         Invoice

 Upon expiry of the legal withdrawal period, and at the express request of the Client sent by email or by registered mail with request for acknowledgement of receipt, the latter may request that NOSE provide him with an invoice corresponding to the purchases he made on the Website.

 NOSE will send the invoice to the Client by email to the address he entered when he registered on the Website or to the one given when he placed the Order.

 

7.              LIMITATION OF LIABILITY

 

NOSE will not be held liable if the non-performance of its obligations is due to a third party, even if it is foreseeable, due to the Client, or to a force majeure as defined by the French legal authorities, or to any other event which could not reasonably be controlled by NOSE alone. 

The information available on the Website is provided “AS IS” without any guarantee of any kind, explicit or implicit, that information regarding the products, accessories or services appearing on the Website is complete, accurate, not in infringement of any trademarks, available, trustworthy or exhaustive or that it is suited to the use the Client intends to make of it. NOSE will not be held liable for the articles sold on its Website, particularly in the event that they are not used according to their instruction leaflet. Nor will NOSE be held liable for any damage, caused to the Client or to a third party, if the products are not used as intended.

 

NOSE DECLINES ALL LIABILITY FOR DIRECT OR INDIRECT DAMAGE, FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE AND/OR THE PRODUCTS SOLD. IF NOSE WERE TO BE DEEMED AND HELD LIABLE FOR ANY PREJUDICE SUSTAINED BY THE CLIENT AND DUE EXCLUSIVELY TO THE PLACING OF AN ORDER, SUCH LIABILITY IS LIMITED TO THE VALUE OF THE ORDER PAID TO NOSE BY THE CLIENT.

 

These specifications do not stand in the way of the application of articles L.211-4, 211-5 and 211-12 of the Consumer Code and to articles 1641 and following of the Civil Code, which provide:

 

Article 211-4 of the Consumer Code: “the vendor is required to deliver a product which conforms to the contract and is held liable for any lack of conformity existing at the time of delivery. He is also held liable for any lack of conformity caused by the packaging, the assembly instructions or installation if he is responsible for the latter according to the contract, or if he had it carried out under his responsibility”;

 

Article L.211-5 of the Consumer Code: “In order to conform to the contract, the product must:

  1. be suited to the purpose usually associated with such a product and, if applicable:

-      correspond to the description given by the vendor and have the features that the vendor presented to the purchaser in the form of a sample or model;

-      have the features that a purchaser might reasonably expect it to have considering the public statements made by the vendor, producer or his representative, including advertising and labelling;

  1. or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”;

 

Article L.211-12 of the Consumer Code: “Action resulting from lack of conformity is time-barred two years after delivery of the product”.

Article 1641 of the Civil Code: “A vendor is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would only have given a lesser price for it, had he known of them”;

Article 1648 of the Civil Code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years as of the discovery of the vice”.

8.              INTELLECTUAL PROPERTY RIGHTS

 

The NOSE trademark and all figurative or non-figurative marks, illustrations, images, logos and content appearing on the Website are and will remain the exclusive property of NOSE or the owner of the intellectual property rights in question.

 Any reproduction in full or in part, modification or use of these marks, illustrations, images and logos or any other content on the Website for any reason and on any medium whatsoever, without the prior express written consent of NOSE or of the owner of the intellectual property rights in question is strictly prohibited. The same is the case for any copyright, registered designs or patterns, or patents appearing and/or used on the Website.

 

9.              DATA PROTECTION AND CIVIL LIBERTIES

 

The automatic processing of personal data put in place by NOSE for the purpose of its activity is subject to the amended Data Protection and Civil Liberties law no. 78-17 of 6 January 1978.

 The Client is invited to refer to NOSE’s Privacy Policy for all information regarding its rights, the collection and management of his personal data.

 

10.           MODIFICATIONS

 

NOSE reserves the right to modify and update the Terms and Conditions of Sale without prior notice. In order to be informed of such possible modifications, NOSE advises the Client to regularly reread the Terms and Conditions of Sale and the “Legal Notice and Terms and Conditions of Use” of the Website. The Order will be subject to the Terms and Conditions of Sale in force at the time the Order is placed.

 

11.           SEVERABILITY

 

NOSE retains ownership of the goods made available until full and effective payment is received for all products sold.

 

12.           APPLICABLE LAW AND JURISDICTIONAL CLAUSE

 

SALES OF NOSE PRODUCTS ARE SUBJECT TO FRENCH LAW, WHATEVER THE COUNTRY OF RESIDENCE OF THE CLIENT AND WHATEVER THE LOCATION THE ORDER IS PLACED IN OR DELIVERED TO.

 ANY DISPUTE ARISING FROM THE EXISTENCE, INTERPRETATION, EXECUTION OR SEVERANCE OF THE CONTRACT CONCLUDED BETWEEN NOSE AND THE CLIENT, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, WILL BE, IN THE ABSENCE OF OUT-OF-COURT SETTLEMENT, FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.

 

13.           DURATION

 The Terms and Conditions of Sale will be applicable as long as the products proposed by NOSE are placed online, until the end of the legal warranty period. In any case, the “liability” clause will outlive the termination of these Terms and Conditions.

 

 

 

For information, contact NOSE on 0X XX XX XX XX from France, or +33 X XX XX XX XX from abroad during the opening hours of the service, which are listed under the heading “contact us” on the Website. For any question relating to the status of your order or to returns, you can contact us at 0X XX XX XX XX from France or +33 X XX XX XX XX from abroad during the opening hours of the service listed under the heading “contact us” on the Website.