Welcome to the website www.nose.fr (hereinafter referred to as “Website”).
The present Terms and Conditions of Use (hereinafter referred to as “TCU”) are concluded between:
- the company NOSE, a limited company incorporated under the laws of France (“Socitété par actions simplifiée”, abbr. S.A.S) and a capital of 131 463,20 euros, whose headquarter is located at 20, rue Bachaumont, 75002 Paris (France). The company is registered under the trade number 534 386 818 at the Registry of Businesses and Companies (R.C.S.) in Paris. Telephone: +33 (0)1 40 26 46 03. Email address: firstname.lastname@example.org (hereinafter referred to as “Nose”).
- the Internet users who connect to and navigate on the Website, www.nose.fr (hereinafter referred to as the “Users” or the ”User”).
1. PURPOSE AND APPLICATION OF THE TERMS AND CONDITIONS OF USE
1.1. The purpose of the TCU is to regulate the rights and obligations of Users when they connect to and navigate on the Website using (i) their own access system (computer, tablet, smartphone and the like) or (ii) the iPads and/or the self-service terminals that are made available to them in the Nose store or in partnering stores. Nose strongly recommends that you read all of the present provisions carefully. Where applicable, you should also take notice of our partners’ specific terms and conditions of use of iPads and/or self-service terminals made available to you by said partners.
1.2. The present Terms and Conditions are not destined to inform the User of the conditions and terms pertaining to orders, sales and deliveries of the products offered for sale on the Website, nor to regulate the rights and obligations of the parties pertaining to the sale of products purchased by the User on the Website. For more information regarding these subjects, please consult the Terms and Conditions of Sale by clicking here http://nose.fr/en/help/conditions. Further, the TCU are supplemented by the terms regarding the protection of the Customer’s personal information http://nose.fr/en/help/confidentialite.
1.3. Prior to the creation of an account the Website, which will allow you to perform an olfactive/cosmetic diagnostic and/or to place an order, the User must read and accept the TCU by checking the box “I agree with the Nose conditions”. Consequently, the creation of an account entails the User’s full and unreserved consent to the TCU.
1.4. For any further inquiries regarding the TCU, the Customer may 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) during the opening hours that are indicated in the section “Contact us” on the Website. If need be, the Customer may also contact Nose’s partners.
1.5. The Website is owned and operated by the company Nose, a limited company with a capital of 131 463,20 euros, whose headquarters are 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.
The Publishing Director is Mr. Nicolas Cloutier, who is also Nose’s legal representative.
Nose’s Websites are hosted by the following companies:
- 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, and 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.
- 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 (R.C.S.) 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. /span>
2. NOSE’S COMMITMENTS AND RESPONSIBILITY
2.1. Access to the website
2.1.1. Nose implements all the resources at its disposal to ensure access to the Website for the Users. However, Nose cannot guarantee that the Website will function continually without any interruptions or disturbances. In particular, Nose may have to perform maintenance and updates on the Website to adapt its content and/or to integrate changes in the services and functions proposed on the Website. The said maintenance and updates may temporarily interrupt the User’s access to the Website.
2.1.2. The User may access and navigate the Website free of charge and without having created an account. In particular, the User may become familiar with Nose’s concept and the products sold on the Website, and learn about current events within the perfumery and cosmetics sectors. The User may also visit the “FAQ: Frequent Questions” section to obtain more information about Nose, the Website’s functions and the universe of perfumery and cosmetics.
2.1.3. To perform an olfactive/cosmetic diagnosis, access account related functions, and/or order products that are sold on the Website the User must create an account or log on to their existing account.
2.2. Creating an account
2.2.1. The User may create an account on the Website from by clicking on the icon “My Account” situated at the top right of the webpage and completing the relevant form or by using their existing Facebook profile to connect. The User may also create an account through the iPads or self-service terminals that are made available to them in the Nose store or in partnering stores, with the assistance of the store teams.
2.2.2. In order to create an account on the Website to perform an olfactive/cosmetic diagnosis, the User must submit their first and last names, email address and password. If they wish, they may also submit their birth date, postal code and country of residence. Clicking on the icon “Save and go to the Diagnosis” will then create the account. To create an account on the Website for ordering a product, the User must submit their first and last names, email address, password, telephone number, address, postal code, city and country of residence.
2.2.3. To create an account via their existing Facebook profile, the User must click on the icon “Connect with Facebook” or “Register with Facebook” and then enter their Facebook login credentials. A page will appear in the User’s web browser on which they may confirm their connection through their Facebook account by clicking on the “OK” icon or refuse the connection by clicking on the “Cancel” icon.
2.2.4. The User may access their user space by clicking on the icon “My Nose” situated at the top right of the Website’s home page and by entering their login credentials. When connected, the User has access the following features:
(i) “My Account”: the User can see their profile, addresses, history and order status, and manage their Nose Newsletter subscriptions and their personal information;
(ii) “My Diagnosis”: the User has access to their olfactive/cosmetic diagnosis and can consult their portrait, preferences, recommendations and evaluations, and run a new diagnosis,
(iii) “Sponsorship”: the User can invite friends, consult invited friends and family’s upcoming birthdays in the calendar and their contact list, and check their gift card balance and sample credits given for accepted sponsorship invitations.
2.2.5. Should the User forget their password, they may modify the password by clicking on the icon “My Nose” situated at the top right of the webpage, then click on the link “Forgot Your Password?” in the “Registered Visitor” section, enter their email address and submit. Nose will send an email to User that will allow them modify the password by following the instructions given in the email.
2.2.6 The User may also retrieve its login credentials account through the iPads or self-service terminals that are made available to them in the Nose store or in partnering stores, with the assistance of the store teams.
2.3. Olfactive and cosmetic diagnoses
2.3.1. Nose offers the User the possibility of performing an online olfactive diagnosis. When choosing to perform the diagnosis, the User submits their olfactive preferences through a questionnaire. When the User has completed the questionnaire, Nose will present them with a personalised olfactive portrait and recommend five perfumes and five home fragrances. The perfumes and fragrances proposed by Nose are under no circumstances equivalent to those submitted and referenced by the User. The User may order the perfumes or samples of the perfumes (the “Sample kit”) corresponding to their recommendations, or visit the Nose store or in partnering stores to test and continue their olfactive diagnosis with the assistance of the stores’ teams.
2.3.2. Nose offers the User the possibility of performing an online cosmetic diagnosis. When choosing to perform the diagnosis, the User submits information about their face, hair and body through a questionnaire. Further, the User is invited to try the tester that will be provided to them, applying it to their face by following the accompanying instructions. After completion of the diagnosis, Nose will present the User with a personalised cosmetic portrait and recommend cosmetic products adapted according to the results of the User’s cosmetic evaluation. The User may order the recommended cosmetic products, or visit the Nose store to test and continue their cosmetic diagnosis with the assistance of the store team.
2.3.3. The creation of an olfactive/cosmetic diagnosis is free of charge and may be repeated as many times as the User wishes. After the completion of each diagnosis the User will receive a summary by email.
2.4. Features of the “Sponsorship” section
2.4.1. The User may invite friends either through their Facebook profile by listing contacts or by submitting their friends’ email addresses, accompanied by their first and last names and the type of relation they have with the User. An invitation to perform an olfactive/cosmetic diagnoses will be sent to them. If they accept, and perform the olfactive/cosmetic diagnosis, the User may consult their recommendations from the “Contact book” section. The User may also access the “Calendar” feature to discover upcoming birthdays and special occasions for offering gifts to their loved ones. For every accepted invitation and completed olfactive diagnosis by an invitee, the User will gain one credit. The User may subsequently use the gained credit to receive perfume samples free of charge, limited to 15 (fifteen) samples per year. Because the purpose of the samples is to discover different products, each of the perfume samples gained and ordered through the sponsorship programme must be different from the other samples. The company NOSE reserves the right to cancel sample credits at any moment for conduct that is considered as misuse. The offer is also subject to the availability of perfume samples and may be limited by Nose at any time. The User may consult their credit balance from the “Sample Credits” section.
2.4.2. The User may offer a “Gift Card” to the person of their choice by submitting their name, the beneficiary’s name, the email address to which the gift card will be sent, and a gift amount of their choice. The User may also choose to send the gift card by post or to pick it up from the store. Further, a User who has received a gift card may check the balance by clicking on “My Gift Card Balance” after having entered and activated the code accompanying the gift card. The User may spend their gift card balance by checking the box “Use My Gift Card Balance” or by activating a “Gift Card” of which they are the recipient by entering the accompanying code in the appropriate field during the process of placing an order on the Website. 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.
2.5. The Nose Loyalty Card
2.5.1. Nose offers a loyalty programme where Users may obtain a Loyalty Card that is nominative, personal and reserved for consumers’ own, non-professional use. The Loyalty Card cannot be lent, transferred or sold to a third party and can not under any circumstances be used as a payment card. The Loyalty Card can be obtained free of charge by visiting the Nose store. Each Loyalty Card is associated with a unique number. Nose reserves the right to request that the User who wishes to sign up for the loyalty programme, or has already signed up, provide documents to prove their identity, at any moment. It is only possible to subscribe to one Loyalty Card per User.
2.5.2. The Nose loyalty card makes it possible for its Users to connect directly to their personal accounts by scanning the card on the iPads and/or the self-service terminals that are made available to them in the store after having entered their login credentials. Users may thus gain rapid access to all the features of their personal account. The may, in particular, consult the descriptions of products recommended to them through the olfactive/cosmetic diagnosis and print copies of said descriptions using the printers made available to them free of charge. Users may also evaluate the recommended perfumes and/or other perfumes of their choice.
2.6. Nose’s liability
2.6.1. Hypertext links
Hypertext links that redirect the User to third party websites may be inserted on the Nose Website. The User should be aware that Nose does not exercise any control over third party websites. Consequently, the User accepts that Nose cannot be held liable for the accuracy of said websites’ content nor for their compliance with current legislation.
2.6.2. Access, navigation and use of the Website
Nose would like to remind the User that the Internet network is unsecured. It is the User’s responsibility to take the appropriate measures to protect their data, software and devices. Any computer facilities and telecommunication services used to access the Website is the User’s personal responsibility, except when accessing the Website through the iPads and/or the self-service terminals made available to the User in the Nose store. Any costs and afferents are borne exclusively by the User. Nose cannot be held liable in cases where the TCU cannot be fulfilled or only partially fulfilled due to either the User, a unpredictable and insurmountable event by a third party outside of the services provided in the TCU, or force majeure.
3. USER COMMITMENT AND RESPONSABILITY
3.1. User conduct on the Website
3.1.1. Users commit to a conduct on the Website in compliance with existing laws and regulations. Further, Users also commit to complying with all the provisions of the TCU.
3.1.2. Users commit to using the Website responsibly, as a reasonable person placed in the same situation,not only in regard to other Users, but also towards Nose, its partners and all other third parties be it physical or moral persons. In particular, the conduct prescribed for Users includes:
(i) abstaining from use with fraudulent or malicious intentions, and especially harmful use,
(ii) abstaining from disrupting the operation of the Website, through actions such as the voluntary or involuntary congestion of Nose’s servers and/or of email recipients by mailshots (including spamming, bulk email, junk email and mail bombing), sending attractive messages likely to generate an overwhelming number of responses (teasing or trolling) and consequently disturb the capacity of said servers, by using software viruses or any other code or programme designed to interrupt, destroy or limit the Website’s functionality.
(iii) abstaining from using the Website for commercial purposes, and thus committing to using it in a personal capacity and without any intention of unlawfully gaining profits from Nose’s investments through deceitful or parasitic actions,
(iv) abstaining from seizing or usurping the identify of any third party, be it a physical or moral person, and from obtaining the login credentials of other Users by any means.
3.1.3. When using the iPads, self-service terminals and/or printers made available to the User in the Nose store or in partnering stores, the User commits to handle the equipment as instructed by the staff. In any event, the User commits to handle the equipment with care, to only use the equipment to access the Nose application and to not degrade nor modify the equipment.
3.2. User obligations
3.2.1. Users commit to providing Nose with a valid email address.
3.2.2. The Users are solely responsible for any activity made on their accounts. In every case where the account has been accessed with a User’s login credentials, the User in question will be deemed to have accessed the account themselves. Consequently, Users are prompted to take the necessary precautions to ensure the confidentiality and safekeeping of their credentials. Users are fully liable for the use of their accounts by any minor under their parental authority.
3.2.3. The User must immediately advise Nose, by telephone +33 (0) 1 40 26 46 03 or by email firstname.lastname@example.org, or if need be its partners, should their login credentials be seized by anyone but themselves.
3.3. Provisions regarding the Nose fidelity card
3.3.1. When finishing their session on the iPads and/or self-service terminals, Users must always log out of their personal account by clicking on the appropriate icon.
3.3.2. Users affirm having been informed that any failure to comply with the conditions of use of the Fidelity Card, especially for any fraudulent or abusive use, entails the full and immediate exclusion of the User form the Nose fidelity programme and the loss of the associated advantages, including any advantages hitherto obtained.
3.3.3. Should the Fidelity Card get lost or stolen, the User must inform Nose as quickly as possible 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). Nose holds no liability if any fraudulent or abusive use of the card is due to the User.
Nose reserves the right to temporarily or definitely close a User’s account if the said User fails to comply with any of the provisions described in article 3 of the TCU.
4. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
4.1. 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.
4.2 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 to be informed that in the case of non-respect of any of these obligations, they will be exposed to civil action and/or criminal prosecution.
4.3. The utilization of elements from the Website, such as images and sounds, by the User and in any form, may be considered an infringement of the copyright owners’ right of publicity.
4.4. The User 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. Moreover, Nose reserves the right to temporarily or definitely close a User’s account if the said User fails to comply with any of these provisions.
5. THE PROTECTION OF PERSONAL DATA/span>
5.1. General provisions
5.1.1. Nose collects and treats personal data that the Users provide by using the services and/or ordering products on the Website.
5.1.3. Users should also consult the specific modalities of collection and treatment of personal data of Nose’s partners, when using the iPads and/or self-service terminals made available to them by said partners.
5.2. Collection of personal data
The collection of personal data on the Website takes place when the User creates an account to perform an olfactive/cosmetic diagnosis, to use the services “Sponsorship” or Nose’s fidelity card, to evaluate recommended products, to place and finalise a product order and to subscribe to Nose newsletters.
5.2.1. Personal data collected at the creation of an account on the Website
The User must fill in the fields marked by an asterisk (*), specifically: last name, first name, email address, password, date of birth, gender, postal code and country. The User may also choose to fill in their complete postal address. If the User creates an account via their Facebook account, Nose receives the following information about the User: last name, first name, Facebook number and date of birth.
5.2.2. Personal data collected when using the “Sponsorship” and “Gift Card” services /span>
Nose collects data in addition to the information provided at the creation of the account when a User uses the “Sponsorship” service. To invite friends and family through submitting their email addresses, the User must also fill out the fields marked by and asterisk (*), specifically: last name, first name, type of relation and the recipient’s email address. To invite friends and family via the User’s Facebook account, the User must select the people they wish to invite from their Facebook friends list. Invited friends and family will receive an invitation to perform a Nose diagnosis. To offer a “Gift Card” to friends and family, the User must fill in the field marked by an asterisk (*), specifically: name of the beneficiary.
5.2.3. Personal data collected when obtaining a Nose Fidelity Card /span>
To subscribe to the Nose fidelity program, the User must obligatorily create an account and perform an olfactive and/or cosmetic diagnosis.
5.2.4. Personal data collected through the ordering of products /span>
In addition to the personal information submitted by the User when opening an account, the User must obligatorily fill in the fields marked by an asterisk (*), specifically: address, postal code, city, country/region, telephone. The submission of said information is also required when the delivery address is different from the billing address. Supplementary information may also be requested for the processing of the order depending on special instructions given by the User. To complete the order, the User must also submit the payment card number, expiry date and card security code (CSC).
5.3. Purpose of personal data collection
The personal data collected by Nose is used by Nose for the following purposes:
(i) to offer Users website and/or application services that are efficient, functional, fluid, and easy to use, on the iPads and/or self-service terminals;
(ii) to offer Users services and products that meet their expectations, including the operation of olfactive/cosmetic diagnoses and management of User product evaluations;
(iii) to perform its legal and contractual obligations, including order processing and delivery, invoicing, and accounting;
To this end, payment data may be transmitted to a third party for authentication purposes and to complete online payments.
(iv) to manage customer relations, such as the management of User accounts, complaints, execution of User rights, overdue payments and litigation;
(v) to manage marketing operations and loyalty efforts towards Users, customers and potential customers, including the elaboration of loyalty programmes;
(vi) to create statistics and satisfaction surveys, develop business plans, send newsletters, product information, cosmetic tips, information about sales, and any other type of information, to Users, customers and potential customers;
(vii) to fight against payment card fraud,
(viii) to manage the transfer, rental or exchange of customer files with its partners and licence holders, in cases where this applies.
5.4. Retention period for collected personal data
5.4.1. The collected personal data is retained for the period necessary for their processing, depending on the purpose, generally three (3) years following the last contact with the User for purposes of sales management and marketing operations, and except when prohibited by law. At the expiry of this time period, the data will be either deleted or anonymised. The period may be renewed with the User’s explicit consent. Without such explicit consent, Nose will delete the User’s personal account and/or Fidelity Card advantages, including the associated advantages previously obtained by the User. The information gathered by Nose through the olfactive and cosmetic diagnoses will be retained beyond the expiry of the abovementioned time period, but in a form that does identify the Users.
5.4.2. However, the personal data collected for the processing and execution of orders may be retained, in the form of archives, for a duration of maximum ten (10) years, in compliance with the provisions of the French Commercial Code regarding the retention period for books and documents created in connection with commercial activities, the provisions of the French Consumer Code regarding the retention of contracts concluded electronically, and the limitation periods specified in the French Civil Code.
5.4.3. The collected personal data relating to payment cards can be retained (i) for a maximum of thirteen (13) months following the debit date, (ii) or fifteen (15) months following the same date for operations settled by deferred debit payment card, in accordance with article L. 133-24 of the French Monetary and Financial Code. To this effect, the payment card number and its expiry date is retained, but the card security code (CSC) is not. The data is retained under conditions complying with the articles 34 and 35 of the French Law of January 6th 1978 on Information Technology, Data Files and Civil Liberties.
5.5. Users’ rights and personal data
5.5.1 The Uses has the right, at all times, to access, modify, rectify and delete their personal data. Consequently, and free of charge, the User may:
(i) request information from the company Nose regarding the treatment of the User’s personal data.
(ii) request that Nose rectifies, completes, updates, locks or deletes the User’s personal information, if the said information is inexact, incomplete, imprecise, out-dated or if its collection, communication or retention is unlawful.
5.5.2. The User also has the right to oppose the handling of their personal data for marketing purposes by Nose or their partners, at any time and without providing a legitimate reason. The User may express their opposition by checking the appropriate box when filling in the collection form on the Website or by unsubscribing by clicking on the link provided for this purpose in the corresponding email.
6. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
6.1. Nose may change their TCU (i) pursuant to a law or regulation or (ii) to adapt to changes in the activities and/or content of the Website.
6.2. On the occasion of modifications as described in article 6.1, the Users who have already created an account should take notice of the modified TCU and, if they consent, accept them.
6.3. Should the User not consent to and accept the modifications of the TCU, their account will be closed and their personal data deleted. Hence, the User commits to stop using the Website.
7. APPLICABLE LAW AND JURISDICTION
7.1. The TCU are governed by French law and regulations.
7.2. If a dispute should arise, the User 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. The User 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 User and NOSE will jointly choose an extrajudicial conflict resolution body to which the platform of Online Dispute Resolution will transfer the litigation.
7.3. In case of dispute, the French courts have jurisdiction.
7.4. If the User 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.