1 – IDENTIFICATION OF THE PARTIES
1.1.1. The website www.nose.fr (hereinafter referred to as “Website”) is owned and operated by the company NOSE, a limited company (“Société par actions simplifiée”, abbr. S.A.S) with a capital of 131 463,20 euros, whose headquarter is located at 20, rue Bachaumont, 75002 Paris (France). The company is registered under the number 534 386 818 at the Registry of Businesses and Companies (R.C.S.) in Paris. Intra-community Valued Added Tax number FR: 47534386818. Telephone: +33 (0)1 40 26 46 03.
1.1.2. The Website is hosted by the following companies:
NO BLUE SCREEN SYSTEM, a simplified joint-stock company with a capital of 203 905,00 euros, registered under the number 423 410 901 at the Registry of Businesses and Companies in Paris, whose headquarters are located at 140, Boulevard Haussmann, 75008 Paris (France). You may contact the host by writing to the abovementioned address or by telephone + 33 (0)1 58 56 60 80.
OVH, a simplified joint-stock company with a capital of 10 069 020 euros, registered under the number 424 761 419 00045 at the Registry of Businesses and Companies (R.C.S.) in the Metropolis of Lille, whose headquarters are located at 2, rue Kellermann, 59100 Roubaix (France). You may contact the host by writing to the abovementioned address or by telephone + 33 (0) 9 72 10 10 07.
1.2 The Customer
1.2.1. The products offered for sale by the company NOSE are intended for purchase by non-professional customers as the end consumer. As defined by the preliminary article in the French Consumer Code, the consumer is: “any natural person who is acting for purposes that are outside the framework of their trade, business, craft or profession”.
1.2.2. Consequently, and prior to placing an order, the Customer declares that their purchase from the Website is unrelated to any professional activity and is limited to personal or family use. NOSE reserves the right to refuse any product order that does not clearly correspond to a retail purchase.
1.2.3. Furthermore, and prior to placing an order, the Customer declares having the full legal capacity to engage in a sales contract and thereby also to be liable to pay the price of the order.
2 – GENERAL PROVISIONS REGARDING THE PRESENT TERMS AND CONDITIONS OF SALES
2.1.1. The purpose of the Terms and Conditions of Sales is primarily to inform the Customer about the terms and conditions regulating the order, sale and delivery of the products offered for sale on the Website. Furthermore, the Terms and Conditions regulate the rights and obligations of the respective parties related to the transaction of products purchased by the Customer on the Website.
2.1.2. Before confirming an order, the Customer must read and accept the Terms and Conditions of Sales. Consequently, through the act of ordering of a product on the Website the Customer confirms having read, understood and agreed to the present Terms and Conditions without reserve or limitations. NOSE encourages the Customer to carefully read the contractual terms described within the Terms and Conditions of Sales. The Customer should be aware of the Terms and Conditions before placing an order. The Terms and Conditions can be accessed through the Website’s “Help” section by clicking on “Terms and Conditions of Sales”, situated at the bottom of every page of the Website. The Customer may also contact NOSE by telephone +33 (0) 1 40 26 46 03, by email at email@example.com or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France), for any inquiries regarding the Terms and Conditions of Sales.
2.1.3. The Terms and Conditions of Sales are supplemented by the Terms and Conditions of Use (http://nose.fr/en/help/conditions-generales-dutilisation) and the terms regarding the protection of the Customer’s personal information (http://nose.fr/en/help/confidentialite) which may be accessed through the Website’s “Help” section by clicking on “Terms and Conditions of Use” and “Privacy”, situated at the bottom of every page of the Website.
2.2.1. The Terms and Conditions of Sales apply without limitation and reserve to all sales of any product proposed by NOSE on its Website. The Customer consents to having been informed that by placing an order on the Website they are required to pay the order in full.
2.2.2. The Terms and Conditions of Sales apply exclusively to the remote sale of products offered on the Website. The Website is accessible free of charge and is open to all Internet users. The application of the present Terms and Conditions exclude all other dispositions, such as the Terms and Conditions that are applicable to sales through the NOSE store.
2.2.3. Due to the specific nature of certain products, especially those containing alcohol, NOSE can only deliver to countries that are covered by road transport through The French Postal Service and their partners. As a consequence, the Terms and Conditions of Sales are only applicable to products delivered to Customers in Metropolitan France, in Corsica, in Monaco, in the countries within the European Union except Cyprus and Malta, and in the following countries: Liechtenstein, Norway, Switzerland. Areas that belong to EU countries but that are situated outside the European geographical zone, such as France’s overseas departments and territories, may not receive deliveries.
2.3.1. The Customer is informed that NOSE withholds the right to modify or update the present Terms and Conditions of Sales at any moment.
2.3.2. On the occasion of such modifications, the Terms and Conditions of Sales will be enforceable from the moment they are published online. As a consequence, the modified Terms and Conditions do not apply to sales contracts that have been concluded prior to their publication. Hence, the enforceable Terms and Conditions of Sales are those that appear on the Website at the moment of placing an order. By confirming an order the Customer complies with the Terms and Conditions in their present form and the Customer should be familiar with said terms and conditions prior to placing the order.
3 – PRODUCTS
3.1 Product characteristics
3.1.1. The Customer may obtain a detailed description of each product offered for sale by NOSE on the Website by clicking on the product. In accordance with the article L. 111-1 of the French Consumer Code the Customer may take note of the essential characteristics of the products they wish to purchase before placing an order. The product descriptions are written in French and in English. The Customer may also contact NOSE by telephone +33 (0) 1 40 26 46 03, by email at firstname.lastname@example.org or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France), for any inquiries regarding the products.
3.1.2. The Customer may also consult the “FAQ: Frequent Questions”, and “Magazine” sections, which primarily deal with topics of perfumery and cosmetics and propose additional information regarding products within these sectors.
3.2 Product availability
3.2.1. The products that are offered for sale on the Website are subject to stock availability by NOSE and/or its suppliers. If a product is no longer available at the moment the Customer places an order, NOSE will inform the Customer as quickly as possible and cancel the order. The Customer will receive a full refund of the price paid for the product as well as of any delivery fees that have been paid in relation to the unavailable product. The refund will be issued within 14 (fourteen) days of the order payment. Consequently, if only some of the products ordered by the Customer are unavailable, the Customer will not receive a refund of the delivery fees associated with available and delivered products.
3.2.2. NOSE reserves the right to modify the catalogue of products offered for sale on its Website. Orders placed by the Customer prior to the modifications will not be affected.
3.3 Product conformity
The products that are sold on the Website are in conformity with existing French legislation at the time that they are offered for sale.
4 – SAMPLES
4.1. The Customer may order certain perfume and cosmetics samples from the Website. These samples are free of charge for the Customer. The Customer must nonetheless pay for preparation and packaging costs, as well as for delivery fees where these apply.
4.2. NOSE reserves the right to cancel any sample order that deviate from a usage destined to simply discover the sampled products. Consequently, NOSE reserves the right to cancel any order that exceeds a number of:
(i) 2 (two) samples of the same product;
(ii) 15 (fifteen) samples of different products.
4.3 The sample orders are subject to all the provisions within the present Terms and Conditions of Sales.
5 – PRICING
5.1 Sales prices
5.1.1 Products’ sales prices are displayed on the Website when clicking on a product. In accordance with the article L. 112-1 of the French Consumer Code, all of the prices specified on the Website are shown in euros (€), include Valued Added Tax (VAT) and exclude delivery fees in the cases where such fees apply. The delivery fees are specified to the Customer before the confirmation of the order and will, in the cases where they apply, be charged as a supplement. For deliveries outside of the European Union, prices will be shown excluding VAT. For deliveries to such areas, the Customer should consult local authorities in the destination country regarding the payment of Valued Added Tax, or contact NOSE by telephone +33 (0) 1 40 26 46 03 or by email at email@example.com.
5.1.2. The total amount due to be paid by the Customer, excluding delivery fees, is shown before the final validation of the order. The amount appears a first time in the “My Cart” section. The full amount including delivery fees (where they apply) is shown in the “Order Review” section that appears after having clicked on “Proceed to checkout” and after the information necessary to process the order has been filled out.
5.2 Applicable prices and modifications
5.2.1 The applicable sales prices are those that are shown on the Website on the day of the order.
5.2.2 NOSE reserves the right to modify prices at any moment, while guaranteeing the application of the prevailing prices at the time of the order.
6 – ORDER
6.1 Order process
6.1.1 To place and complete an order, the Customer must log in to their personal NOSE account. If the Customer has yet to create an account, they must create a personal NOSE account before placing an order. The terms regarding the creation of a personal NOSE account are described within the Terms and Conditions of Use of the Website (http://nose.fr/en/help/conditions-generales-dutilisation). Further, the Customer should take notice of the terms regarding the protection of the Customer’s personal information (http://nose.fr/en/help/confidentialite).
6.1.2 The Customer places the order on the Website. The Customer can choose the products they wish to purchase by clicking on “Add to Cart”. After adding the products the customer may choose “Continue Shopping” or “Cart & Checkout”.
6.1.3 All of the selected products are gathered in “My Cart”. By clicking on “My Cart” the Customer can verify the details of their order and the total price excluding delivery fees. The Customer may also consult the Terms and Conditions of Sales, modify their order through the “My Cart” section and return to previous pages using their web browser.
6.1.4 While in the “My Cart” section, the Customer may:
(i) gain “Credits” by inviting friends and family to perform their own olfactive diagnosis. For every accepted invitation and olfactive diagnosis performed by the invitees, the Customer gains one credit. The Customer may subsequently use the gained credit to receive perfume samples free of charge. The number or samples is limited to 15 (fifteen) per year.
(ii) enter a “Discount or Coupon Code” that the Customer has previously received by email at the purchase of a sample kit of 5 (five) samples. By entering the code in the appropriate field the Customer will receive a 10 (ten) euro discount on the price of a product from the Website when placing their first order. The discount cannot be applied to samples. The Customer may not accumulate several coupon codes for the same order. Further, the Customer may not redeem a “Coupon Code” while using a “Gift Card balance” or a “Gift Card” to place an order.
(iii) use a “Gift Card balance” that is associated with the Customer’s personal NOSE account by checking the box “Use my Gift Card balance” or by activating a “Gift Card”. If the Customer is the beneficiary of a “Gift Card” they can activate the card by entering the code in the appropriate field. Using a “Gift Card balance” or activating a “Gift Card” automatically deducts the associated amount from the total price of the order. The Customer may combine their “Gift Card balance” with one or several “Gift Cards” within the same order.
6.1.5 After having verified the content of the “Shopping Cart”, the Customer may click on the icon “Proceed to Checkout”. The Customer will be asked to enter billing, delivery and payment information, which is necessary for processing the order. After having submitted the necessary information the Customer will be redirected to the “Order Review”, which summarizes the ordered products, the total price including Valued Added Tax, and delivery fees in cases where these apply. The order will be final when the Customer accepts the Terms and Conditions of Sales by clicking on “Place Order”. Through this action the Customer accepts to be legally bound by the sales contract established with NOSE. The act of confirming an order entails the Customer’s full and unreserved acceptation of the details of the sales contract, the Terms and Conditions of Sales and the Terms and Conditions of Use of the Website.
6.1.6 NOSE confirms the order by sending an email to the email address provided by the Customer. The email contains the purchased order and a link to the Terms and Conditions of Sales. A second email will be sent to the same email address when the order is being dispatched. For these purposes, it is important that the Customer provides a valid and correct email.
6.2 Order cancellation
6.2.1 If the Customer wishes to cancel their order, they may do so following the steps described for the withdrawal process in article 10 “WITHDRAWAL” in the Terms and Conditions of Sales.
6.2.2 NOSE reserves the right to suspend or cancel the processing of any order in cases of failure to complete the full payment of the order, and for fraud or attempted fraud, including when committed during a previous order.
6.3 Archiving and proof
6.3.1 Pursuant to article 1348 of the French Civil Code, the archiving of communications, orders and invoices is carried out by NOSE on a reliable and durable storage media so as to constitute a faithful and lasting copy of the abovementioned elements.
6.3.2 NOSE encourages the Customer to keep a copy of the elements pertaining to their order and the delivery of said order on a reliable and durable storage media, in either a paper or a digital version.
7 – PAYMENT
7.1 Obligation to pay As previously stated, the action of confirming an order obliges the Customer to pay the price of the ordered products and the related delivery fees where these apply. The Customer declares and guarantees to NOSE that they have the necessary means and authority to use the applied payment method.
7.2 Payment terms
7.2.1 The payment methods that are accepted on the Website are shown in the “My Cart” section. Orders can only be paid by bankcard. NOSE only accepts card issued by VISA or MasterCard. The payment card must be issued by a banking or financial establishment located within the European Union, Monaco or validated by Nose. Any bank fees and commissions are borne by the Customer, without exception. The bankcard payment is carried out using a secured website named MERCANET, held by the banking establishment BNP PARIBAS. This website uses the 3D SECURE (VISA SECURE) bank security protocol. The Customer may be redirected to their bank’s authentication page, depending on their bank affiliation, in order to confirm their payment.
7.2.2 The Customer may also use the “Gift Card balance” associated with their personal NOSE account or activate a “Gift Card” of which they are the beneficiary to pay for a part of the order amount or the amount in full, depending on the available “Gift Card balance” or “Gift Card” amount. Such payment is regulated by the terms described in the article 6.1.4 (iii) hereinabove. If the available “Gift Card balance” or “Gift Card” amount is insufficient for the full payment of the order, the exceeding amount shall be paid by the Customer according to the terms described in the article 7.2.1 of the Terms and Conditions of Sales. 7.2.3 Any vouchers obtained by the Customer in the physical NOSE store may not be use to pay for orders on the Website.
8 – OWNERSHIP RESERVE
All ordered products remain NOSE’s property until the Customer has completed the full payment of the products including taxes.
9 – DELIVERY AND RECEPTION
9.1Place of delivery
The delivery of ordered products will take place after the payment of the order, to the address provided by the Customer. To this end, the Customer must provide NOSE with a valid and exact delivery address.
9.2 Terms of delivery
9.2.1 Before confirming their order, the Customer chooses their preferred delivery method among the five following options:
Store “Pickup” The Customer may choose to pick up their order from the NOSE store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public and bank holidays. Prior to pickup, the Customer will receive an email from NOSE to inform them that the order is ready. NOSE hereby informs the Customer that they must present valid identification papers to withdraw the order from the store.
Priority Letter The delivery by Priority Letter is handled by the traditional Post Office in France and in the customer homeland with tracking number. Only envelopes with perfume samples are sent with Priority Letter.
Delivery by Colissimo Standard The delivery by Colissimo Standard is carried out through the company La Poste SA. The parcel has an individual tracking number but the delivery does not require the Customer’s signature. Delivery will take place:
(i) within 48 hours in Metropolitan France, Corsica and Monaco on working days,
(ii) within 8 (eight) working days within the European Union and affiliated countries (Monaco, United Kingdom, Switzerland, Norway), following the date on which NOSE’s preparation of the order is complete and confirmed to the Customer by email.
In case of absence, the Customer or the recipient of the order will receive a delivery notice, which indicates the address at which the order may be picked up within a period of 15 (fifteen) days. After this period, the parcel will be returned to NOSE. Upon reception of the returned parcel, NOSE will reimburse the order amount within a period of 14 (fourteen) days, excluding delivery fees, which remain borne by the Customer.
Delivery by Colissimo Expert The delivery by Colissimo Expert is carried out through the company La Poste SA. The parcel has an individual tracking number and delivery requires the Customer’s signature.
Delivery by plane The delivery by plane is carried out through the company DHL. Delivery will take place (*):
(i) in European Union within 2 working days(**)
(ii) in Europe outside, the Maghreb, USA and Eastern Asia within 3 days(**)
(iii) in the rest of the world within 5 days (**)
(*) some restrictions may apply, please refer to "Free Express Shipping" for exact destinations
(**) delivery tie guaranted for more than 90% of shipments.
9.2.2 When the Customer chooses delivery by Colissimo Standard, Colissimo Expert or by Chronopost, NOSE communicates the tracking number to the Customer by email. With this number the Customer can track the transport and delivery of the parcel.
9.2.3 The deliveries by Colissimo Standard, Colissimo Expert or by Chronopost that take place outside of Metropolitan France are likely to be carried out by the local partners of the companies La Poste SA and Chronopost SAS. Consequently, the terms of delivery may vary from a country to another. In such instances, the Customer may obtain additional information from the postal service and local transporters, or by contacting NOSE by telephone +33 (0) 1 40 26 46 03 or by email at the address firstname.lastname@example.org.
9.3 Delay of failure of delivery
9.3.1 In the event of force majeure that has the effect of delaying delivery, the delivery times described in the article 9.2 of the Terms and Conditions of Sales will be suspended automatically. NOSE will keep the Customer informed, within a reasonable timeframe, of any such events that are likely to perturb the delivery process of ordered products.
9.3.2 The Customer may request the cancellation of their order according to the provisions of article L. 216-2 of the French Consumer Code if the delivery has not taken place within the timeframes described in the article 9.2 of the Terms and Conditions of Sale, except when they delay is due to force majeure or fault of the Customer, and according to the following terms:
(i) the Customer must give formal notice to NOSE with a request of delivery according to the said terms of delivery. If the delivery has yet to take place within a reasonable, additional timeframe, the sale will be cancelled without further legal formalities;
(ii) if the Customer demonstrates that the delivery time frame was an essential condition of the contract, they may immediately cancel their order. To exercise either of the abovementioned rights the Customer must send a registered letter with advice of delivery to 20, rue Bachaumont, 75002 Paris (France) or an email to the address email@example.com. NOSE will provide a full refund of the order amount including delivery fees within a period of 14 (fourteen) days following the date of reception of the Customer’s letter or email. If the delivery should take place in the meantime or at a later time, the Customer must return the parcel to NOSE. The redirection costs paid by the Customer will also be reimbursed by NOSE within the same timeframe as described above.
9.4 Delivery disclaimer
9.4.1 The liability for loss or damage to the products is transferred when the Customer or the recipient of the order takes physical possession of the delivery.
9.4.2 The Customer, or the recipient of the order, should verify upon delivery that the parcel is intact and has not been subject to any form of degradation and that the products delivered conform to the order. If the parcel presents any form of damage the Customer must refuse the delivery and not open the parcel. Further, the Customer must express their reservations to the carrier, describe the damage in a precise and complete manner on the delivery slip, and inform NOSE. Moreover, if the delivered products do not conform to the order made by the Customer, the Customer must inform NOSE upon reception of the order. The Customer may contact NOSE by telephone +33 (0) 1 40 26 46 03 or by writing to the following email address: firstname.lastname@example.org.
9.4.3 The Customer declares and guarantees that by failing to follow the steps described in the preceding article, the Customer forfeits their right to any refund or renewed delivery of the products, but without prejudice to their right of withdrawal according to the terms described in article 10 of the Terms and Conditions of Sales.
10 – WITHDRAWAL
10.1 Right to and period of withdrawal
10.1.1 Pursuant to the article L. 221-18 of the French Consumer Code, the Customer may exercise their right to withdrawal within a period of fourteen (14) days following the reception of the order, without having to provide a reason. If the period of fourteen (14) days expires on a Saturday, Sunday, public holiday or legal non-working day, the period is extended until the next working day.
10.1.2 Pursuant to the article L. 221-28 5° of the French Consumer Code, the Customer forfeits their right to withdrawal by unsealing the packaging of perfume and cosmetic products after delivery. Perfume and cosmetics products cannot be reimbursed, returned nor exchanged once the packaging seal is broken, due to hygiene and security reasons. However, the Customer still benefits from legal guarantees concerning product conformity and latent defects.
10.2 Conditions for exercising the right to withdrawal
10.2.1 The legal right to withdrawal may be exercised by the Customer by:
(i) informing NOSE of the decision to exercise one’s right of withdrawal within a period of fourteen (14) days following the reception of the delivery of the order by writing a letter to the address 20, rue Bachaumont, 75002 Paris (France) or an email to email@example.com. The Customer may use the detachable withdrawal form that can be found hereunder in Annex 1. If the customer does not use the form, they must note the order number in their letter or email.
(ii) after having informed NOSE of their decision to exercise their right to withdrawal, the Customer must return the product(s) in question within a period of fourteen (14) days after having sent the withdrawal declaration. The product(s) can be returned by visiting the NOSE store or by post to 20, rue Bachaumont, 75002 Paris (France). The product(s) must be returned in their original package, in perfect condition, and accompanied by all included accessories and documents. If these conditions are not met the returned product(s) will not be refunded.
10.2.2 Any shipping fees related to the return shipping of the product(s) to NOSE are borne by the Customer, except in cases where:
(i) the Customer has chosen the store “Pickup” delivery method and returns the product to the store;
(ii) the delivery did not conform to the order. NOSE will refuse letters or parcels for which postage is due.
10.2.3 NOSE recommends that the Customer return the product(s) by registered mail with request for acknowledgment of receipt. The liability of loss or damage of the returned product(s) lies with the Customer.
10.3 Effects of withdrawal
10.3.1 Pursuant to the article L. 121-21-4 of the French Consumer Code, NOSE will refund the price of the returned product(s) and the delivery fees, expect when the Customer has willingly chosen a delivery method that is more expensive than standard delivery. The refund will be issued within 14 (fourteen) days following the date on which NOSE has been informed of the Customer’s decision to withdraw. The refund date may be delayed until the returned product(s) have been received by NOSE.
10.3.2 The refund of the product price will be issued to the bankcard used by the Customer to pay for the order. If the Customer paid for the order using a “Coupon Code” of which they were the beneficiary, NOSE will send the Customer a new “Coupon Code” corresponding to the same amount by email. If the Customer has used their “Gift Card balance” or a “Gift Card” to pay for a part of or the entire order amount the corresponding sum will be credited their “Gift Card balance”, while the part paid for by bankcard will be refunded to the card that was used.
10.3.3 Any advantages obtained through the purchase of the returned product(s) will be cancelled.
11 – GUARANTEES
11.1 The Customer has the right to
(i) a legal guarantee of conformity, pursuant to the articles L. 217-4 of the French Consumer Code,
(ii) a legal guarantee against latent defects, pursuant to the articles 1641 of the French Civil Code.
The guarantees are valid for all products sold on the Website, and are reproduced in the box below: Legal guarantee of conformity When exercising the legal guarantee of conformity, the Customer: benefits from a period of 2 (two) years following the delivery of the goods to act; may choose between a repair or a replacement of the goods, within the limits of reasonable costs as described in the article L. 217-9 of the French Consumer Code; disposes of a period of 6 (six) months following the delivery of the goods to provide evidence of lack of conformity. As of 18th of March 2016, the time period is extended to 24 (twenty-four) months, except for second hand goods; The legal guarantee of conformity applies independently of any granted commercial warranties. Legal guarantee against latent defects The Customer may decide to exercise the guarantee against latent defects of the sold goods, as described in the article 1641 of the French Civil Code. Should such defects be discovered, the Customer may choose between a cancellation of the sale or a price reduction in accordance with the article 1644 of the French Civil Code. NOSE encourages the Customer to read Annex 2, which contains a reproduction of the applicable texts on the legal guarantees of conformity and against latent defects.
11.2 In accordance with the legal guarantee of conformity, and given the nature of the products sold on the Website, the Customer may choose to request that NOSE either replaces the product by an identical product (subject to stock availability), or refunds the product price and related delivery fees based on the total invoice price, as well as return costs upon provision of receipts.
11.3 In accordance with the legal guarantee against latent defects, and given the nature of the products sold on the Website, the Customer may choose to request that NOSE refunds parts or all of the product price and related delivery fees based on the total invoice price, depending on whether or not they decide to keep the product.
11.4 To exercise either of the abovementioned guarantees the Customer should contact NOSE by telephone +33 (0) 1 40 26 46 03, by email firstname.lastname@example.org or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public holidays.
12 – INTELLECTUAL PROPERTY
12.1 The Website in its entirety, the products sold on the Website and their packaging, and every visual and sound elements that can be found on the Website (such as brands, logos, drawings, shapes and patterns, illustrations, photos, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of NOSE or the holders of the intellectual property rights of the element in question. All of these elements are protected by copyright, trademark law, industrial design right, patent law and sui generis rights.
12.2 Consequently, any reproduction, communication, download, modification, or partial and total use of these elements belonging to NOSE or a third party, for any purpose or medium whatsoever, require prior written permission from NOSE or the respective intellectual property rights holders, except in cases where authorized by law. The Customer declares and guarantees having been informed that their failure to comply with any of these obligations will expose them to civil action and/or criminal prosecution.
13 – PERSONAL DATA AND COOKIES
13.1 NOSE collects and treats the Customer’s personal data, and when needed, the order recipient’s data. The data collection is necessary for the management and execution of the order as well as for the commercial relations between NOSE and the Customer. The data may be provided to NOSE’s contractual partners for the execution of the order, such as the management, processing, payment and delivery of the order. The information is also collected and kept for security purposes, in compliance with legal and regulatory obligations. Furthermore, the collected information makes it possible for NOSE to send promotional offers and build commercial relations with the Customer.
13.2 NOSE uses HTTP cookies, defined as data files that are stored in the Customer’s web browser when they access the Website. The purpose of these data files, which record the Customer’s navigation on the Website, is to facilitate electronic communication, improve and personalize the service quality of the Website and to create statistics that measure page visits and different website features.
13.3 Pursuant to the French Law 78-17 on “Data Protection and Civil Liberties” of January 6th 1978, the Customer has the right to access, modify, oppose and delete their personal information. A Customer who proves their identity may exercise their right to have their personal information rectified, completed, updated, locked or deleted, if the said information is inexact, incomplete, imprecise, out-dated or if its collection, communication or retention is unlawful. This right may be exercised by writing to NOSE by email email@example.com or by post to 20, rue Bachaumont, 75002 Paris (France). The Customer may also oppose the use of their data for marketing purposes by the company NOSE for legitimate reasons, except under the conditions described by the article L.34-5 of the French Postal and Electronic Communications Code.
14 – CUSTOMER SERVICE
The Customer may contact NOSE by telephone +33 (0) 1 40 26 46 03, by email or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public holidays, for any inquiry regarding product characteristics, the use of products, orders, deliveries or any other question.
15 – LIABILITY
15.1 NOSE commits to performing its obligations as described in the Terms and Conditions of Sales in good faith.
15.2 NOSE will not be held liable if the non-performance of its obligations as described in the Terms and Conditions of Sales is due to a third party, the Client or force majeure.
16 – LITIGATION
16.1 If a dispute should arise in connection to the order or the delivery of products, the Customer may seek an amicable solution by having recourse to a conventional mediation procedure or any other alternative method of dispute settlement, before pursuing any legal action.
16.2. In accordance with the article 16.1,
(i) The Customer and/or NOSE may resolve a dispute through the platform of Online Dispute Resolution created by the European Commission and accessible at the following address: https://webgate.ec.europa.eu/odr/. From this platform, the parties may file an online appeal against each other, of which the concerned party will be informed. The Customer and NOSE will jointly choose an extrajudicial conflict resolution body to which the platform of Online Dispute Resolution will transfer the litigation.
(ii) The Customer may also submit their complaint to the designated Consumer Mediation service MEDICYS for disputes concerning distance sales between professionals and consumers, according to provisions provided by articles L. 612-1 and subsequent, which can be accessed at the following address: http://www.medicys.fr/index.php/consommateurs/. The Customer may only have recourse to the Mediator if no satisfactory answer has been given to a written complaint previously addressed to NOSE by email to firstname.lastname@example.org or by post to 20, rue Bachaumont, 75002 Paris (France), after a time period of one year following the complaint and on the condition that the same litigation has not been submitted to a Court nor to a Mediator.
16.3. The sales contract concluded between NOSE and the Customer and the present Terms Conditions of Sales are subject to French law. In case of dispute, the French courts have jurisdiction.
16.4. If the Customer resides in a different Country than France, they cannot be denied the protection afforded to them by the mandatory rules of the national legislation within their country of residence.
ANNEXE 1 : STANDARD WITHDRAWAL FORM
If you wish to withdraw from the order placed on www.nose.fr in accordance with the article 10 of the Terms and Conditions of Sale of Website, except in cases where the right to withdrawal is excluded or limited as specified in said article, you may complete and submit the following form: For the attention of NOSE, 20, rue Bachaumont, 75002 Paris (France): I hereby inform you of my decision to withdraw from the sales contract concerning the product(s) listed hereunder (*):
Ordered on the (date):…………………………………………………………………………………..
Received on the (date):………………………………………………………………………………....
Consumer(s)’ signature(s) (only applicable when the present form is in paper version):
Date:……………………………………………………………….. (*) Strike out inapplicable portions
ANNEXE 2 : LEGAL GUARANTEES
Legal guarantee of conformity Article L. 217-4 of the French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.” Article L. 217-5 of the French Consumer Code: “To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between 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. 217-7 of the French Consumer Code: “In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.” Article L. 217-8 of the French Consumer Code: “The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.” Article L. 217-9 of the French Consumer Code: “In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.” Article L. 217-10 of the French Consumer Code: “If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. He has the same option: 1. If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer making his claim; 2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use. The sale shall not be cancelled, however, if the lack of conformity is minor.” Article L. 217-11 of the French Consumer Code: “The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. Those same provisions shall not impede the awarding of damages.” Article L. 217-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.” Article L. 217-13 of the French Consumer Code: “The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.” Legal guarantee against latent defects Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.” Article 1644 of the French Civil Code: “Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him.” Article 1641 section 1 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”