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GENERAL TERMS AND CONDITIONS OF SALES

GENERAL TERMS AND CONDITIONS OF SALES

 

“Boutique” means a physical ABRIZA store.

“Consumer” means (i) an individual and (ii) someone acting wholly or mainly outside of their business, trade, craft or profession.

“Contract” means the contract made between the Parties each time an order is finalised under Article 6.3 of these General Terms and Conditions of Sale.

“Customer(s)” means the user(s) browsing the website and placing an order of Product(s) for personal use.

“Editor” designates ABRIZA a “Société par Actions Simplifiées” incorporated in France under the number 80908041900017 whose registered office is located at 12, Boulevard des Capucines – 75009 PARIS – France. ABRIZA’s’s registered VAT number is FR84809080419

“General Terms and Conditions of Sale” means these general terms and conditions applying to any and all sales of Products presented on the website.

“Party(ies)” means collectively or individually ABRIZA and/or the Customer(s).

“Product(s)” means all perfume, skincare and cosmetic products bearing the ABRIZA brand name, which are presented for sale on the website.

“Website” means the ABRIZA online sales website, which is accessible via www .maisonabriza.com and offers the Products for sale.

  1. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale set out the terms and conditions under which ABRIZA shall proceed to the sale and delivery of Products ordered by Customers via the Website and define the Parties’ rights and obligations as to the sale of Products offered by ABRIZA on the Website.

The General Terms and Conditions of Sale can always be found by the Customer on:www.maisonabriza.com and shall be communicated to the Customer on simple request by telephone at +33 1 43 87 74 69 or via the contact form available on the Website. The Customer may also request historic versions of the General Terms and Conditions of Sale.

By placing an order for a Product offered on the Website, the Customer recognizes – by ticking the box “By validating your order, you accept the General Terms and Conditions of Sale” – that he/she has been fully informed on and accepted such General Terms and Conditions of Sale without limitation before placing his/her order. This acceptance is in no way conditioned by a handwritten signature on the part of the Customer.

The Customer can, at any time, save or print the General Terms and Conditions of Sale by clicking the “PRINT” icon, provided that he/she does not modify them. Please note that a copy of the latter will be sent to the Customer with the confirmation email of order.

ABRIZA  reserves the right to amend, at any time, the General Terms and Conditions of Sale. In the event of an amendment of the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of the order and sent with the order confirmation email.

The General Terms and Conditions of Sale shall apply without limitation to any sale of Products on the Website, excluding any other document and particularly the conditions applicable to sales in stores or through any other distribution and marketing channel.

  1. PRODUCTS

3.1 Products description

The Products offered for sale by ABRIZA are those presented on the Website at the date of connection of the Customer, within the limits of available stocks. GUERLAIN reserves the right to withdraw Products from sale at any time.

ABRIZA puts the utmost care in the presentation of the Products on the Website. However, pictures illustrating the Products shall only be for information and are not contractual.

Indeed, while ABRIZA makes its best efforts to ensure that the color of the Products – whose photos are displayed on the Website – are faithful to the original, variations may occur (including slight differences in colors and proportions), particularly given the technical limitations of color renderings of computer equipment. Consequently, ABRIZA shall not be responsible if the Product varies from those images. The packaging of Products may vary from that shown in images on the Website.

For any question or concerns regarding the order and appropriate use of Products, the Customer may contact ABRIZA Customer Service:

  • Via the contact form available on the Website, or
  • By telephone at +33 1 43 87 74 69 (standard local telephone charges apply) available Monday to Friday from 9:00 AM to 6:00 PM, and Saturday from 9:00 AM to 5:00 PM.

3.2 Products availability

The Products displayed on the Website are offered for sale within the limit of available stocks. ABRIZA does not guarantee the availability of the Products. In the event of the unavailability of one or several Product(s) after an order is completed, ABRIZA will inform the Customer at the earliest by email or telephone of the unavailability of the Product(s) and the partial or full cancellation of his/her order.

Should the order be totally cancelled for unavailability, the Customer’s order shall be automatically cancelled, and his/her bank account will not be charged.

Should the order be partially cancelled for unavailability:

  • The Customer’s order will be validated, and his/her bank account will be charged only with the amount of the Products actually sent,
  • The Customer will be informed at the earliest by email or telephone of the unavailability of the Product(s) concerned,
  • The Customer will receive the available Products.
  1. PRICE

All Products prices are firm. Prices are given in pounds sterling (£) all taxes included. The price in force is the one indicated for each Product on the Website. These prices include all taxes applicable on the day of the order but exclude any delivery costs, which will be charged additionally and will be specified to the Customer prior to the order being finalised.

Delivery costs will be indicated to the Customer before the validation of the order. The present General Terms and Conditions of Sale provide various delivery methods, which may be modified at any time by ABRIZA.

The invoiced price is the price indicated to the Customer on the order confirmation page, which appears on screen at the order confirmation and is sent by ABRIZA to the Customer by email.

ABRIZA reserves the right, and the Customer accepts, to modify the price of the Products at any moment, without any further formalities than to make the changes available on the Website. These changes may not affect the orders validated by the Customer prior to the coming into force of these changes, subject to the availability of the Products ordered.

  1. RESERVATION OF OWNERSHIP

The Products ordered shall remain the property of ABRIZA until complete payment of their value, including the main value of Products, as well as any costs and taxes included in the invoice/receipt, and the applicable delivery costs.

  1. ORDERS

6.1 Conditions of ordering

ABRIZA only sells Products via the Website to Consumers. Products are solely intended for the Customer personal use, excluding any connection to his/her professional capacity. As a consequence, any order exceeding five (5) units bearing the same reference shall not be accepted as it is not presumed to correspond to the consumption and personal use of a Customer.

In the event of an order of Products exceeding this maximum, the order shall be considered as null and will not be taken into account by ABRIZA.

To place an order on the Website, the Customer must be of legal age, have legal capacity and hold a credit card or a gift voucher.

6.2 Order process

To place an order, the Customer must proceed to the following steps:

  1. Fill in the virtual shopping bag by clicking on the icon “Add to cart” and indicating the Products concerned.
  2. Click on the button “Checkout”.
  3. Check and modify, as the case may be, the content of the virtual shopping bag, then click on the button “Checkout”.
  4. Identify yourself on the Website, except if the Customer has chosen the “guest” option:
    • – Either by creating an account on the Website by clicking on the button “Create an account” and completing the form (some fields are required to validate the order),
    • – Or by logging on to the Website by entering his/her email address and password if the Customer has already created an account, then clicking on the button “Login”.
  5. Fill in the identification form on which the Customer indicates all the personal details requested (complete identity, email address, telephone number, delivery address), except if the Customer chooses to place his/her order as a guest. Please refer to ABRIZA’s “Privacy Policy” for details on how ABRIZA collects and processes personal data.
  6. Validate the delivery method chosen (DPD).
  7. In the event that the invoice address and the identification details are the same as the details already given for delivery, validate the pre-filled fields with these details. Otherwise, indicate the invoice address and the identification details if they are different.
  8. Tick the box “By validating your order, you accept the General Terms and Conditions of Sale”.

Until the “Proceed to payment” step, the Customer has the possibility to modify his/her order by clicking on the icon “Edit” on the right side of the various pages. This allows the Customer to correct any errors he/she could have made while completing the various fields.

In case that the Customer wishes to modify his/her order, the Customer can click on the return arrow on the top left of his/her screen or click on the “See all details” button in the order summary on the right side of the screen. The Customer will then be redirected to his/her virtual shopping bag, where he/she can modify his/her order.

As the Customer confirms his/her order by clicking on the “Proceed to payment” icon, the Customer can no longer modify or cancel his/her order before proceeding to payment.

  1. At the end of the ordering process, the Customer is asked to click on the “Proceed to payment” icon. By clicking on, the Customer is redirected to the payment service provider Cybersource and proceed to payment following the conditions requested (Visa, Mastercard and American Express only) – please refer to Article 8 below (Payment terms) for more information. This does not constitute GUERLAIN’s acceptance of the Customer’s order and a Contract between the Parties is not formed until the order is validated by ABRIZA as explained under Article 6.3 below.

6.3 Final validation of the order – How is a Contract formed?

Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer by ABRIZA. The order confirmation includes the summary of the Products ordered, the price, the delivery costs and the order number. It mentions the right of cancellation and contains a version of the applicable General Terms and Conditions of Sale in PDF version.

A Contract between the Parties is formed when the Customer receives the order confirmation by email detailed above from ABRIZA.

6.4 Order refusal

ABRIZA reserves the right to refuse any order in the event of:

  • Number of Products ordered exceeds the maximum provided in the present Article 6.1.
  • Litigation with the Customer.
  • Total or partial non-payment of a previous order by the Customer.
  • Refusal of authorization of payment per credit card by payment agencies including CyberSource, which is the payment service provider used by ABRIZA to detect credit card frauds.
  • Request for personalization which does not comply with the provisions of Article 5.3.
  • Abnormal nature of the order, particularly regarding quantities and/or amounts which does not correspond to the personal use of a final consumer.

6.5 Samples

Any order may come with a maximum of three (3) free samples within the limit of available stocks.

  1. ARCHIVING AND PROOF OF THE CONTRACT

The details of the Contract will not be filed by ABRIZA unless the order exceeds the value of £103, in which case ABRIZA will archive the Contract for a period of 10 years following the date of the last delivery of the order.

These General Terms and Conditions of Sale will be supplied to the Customer in pdf form attached to the email confirmation sent by ABRIZA under Article 6.3 and ABRIZA recommends that the Customer prints or saves this for future reference. However, the Customer may, at any time, request details of his/her order(s) by making the request via the contact form available on the Website.

  1. PAYMENT

ABRIZA accepts payment by debit or credit card (Visa, Mastercard and American Express exclusively). The Customer enters his/her credit card number, the expiration date of the credit card, the name of the cardholder and the card security code (the last three or four numbers on the back of the credit card).

Payment is made by using the secured server of the payment service provider Cybersource (see below for more information). This means that none of the Customer’s bank information is processed by ABRIZA or Salesforce (as the Website operator) on the Website. The payment by credit card is completely secured.

Any and all orders are payable in GBP (pound sterling) and are inclusive of VAT.

The credit card is charged at the time of dispatch of the order.

Cheque payments are not accepted.

The Customer guarantees ABRIZA that he/she has the authorizations required to use the chosen method of payment at the time of the order validation. In case of refusal of the bank, the order will be automatically cancelled and ABRIZA will not be responsible for the Customer’s order being cancelled.

The invoice will be available in the website. If the Customer has an account he can login and go to “Orders” section and click on “Get Invoice”. If the Customer does not have a ABRIZA account, he can click on Account icon and fill his order number, order email and billing Post Code to view, save and/or print the invoice.

Who is Cybersource?

To fight against fraudulent activities over the Internet, information pertaining to the orders is controlled by the payment partner designated by ABRIZA:STRIPE ??, (a company registered in England and Wales, with company number 3425262 and whose registered address is at P.O. Box 8999, San Francisco, CA 94128-8999 USA) (“Cybersource”), which is a secure payment operator. This company is responsible for the automated storage and processing of information relating to each order, including bank card details, in a secure environment.

Information pertaining to the orders is subject to automated data processing, for which Cybersource is the manager. The purpose of this automated data processing is to define a level of analysis for transactions and to fight against fraud regarding payment methods, in particular credit card fraud.

STRIPE and ABRIZA are recipients of the data related to the Customer’s order. The non-transmission of the data related to the Customer’s order prevents the execution and analysis of the transaction. Please refer to ABRIZA’s “Privacy Policy” for details on how ABRIZA collects and processes personal data.

Should any payment incident occur in connection with a fraudulent use of a credit card or any other method of payment, the data set out on the corresponding order shall be recorded in a “payment incident” file implemented by Cybersource. Any incorrect declaration or anomaly may also be subject to a specific treatment.

The Customer has, at any time, the right to access, modify and delete his/her own personal data by writing to ABRIZA, giving a proof of his/her identity, via the contact form available on the Website.

If at any time the server is unavailable ABRIZA will be unable to accept orders through the Website and accepts no responsibility to the Customer for his/her inability to make an order.

  1. DELIVERY

9.1 Delivery adress

The Products ordered by the Customer in accordance with the present General Terms and Conditions of Sale will be delivered to the postal address indicated by the Customer as delivery address when placing his/her order.

Deliveries shall always be rejected if the delivery address indicated by the Customer corresponds to:

  • An hotel
  • A PO Box
  • A non-fixed address or domicile (i.e., without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed debits) or in a collective place where an individual address cannot be assigned in such a way and durable to a natural or legal person.

9.2 Delivery time / Delivery costs

Delivery time and costs depend on the delivery method chosen by the Customer when ordering.

Delivery time shall begin when the order confirmation email is sent. As soon as the order is sent, a shipping confirmation email is sent to the Customer with a tracking number.

For any delivery, the Products are delivered by DPD and the delivery costs are fixed at the amount stated on our Website from time to time.

Each parcel contains a delivery voucher which mentions the conditions and possible ways to return the Products received.

  1. RECEPTION OF THE PRODUCTS

On receipt of the Products, the Customer undertakes to check the good condition of packaging and the conformity of the Products delivered with the order and inform ABRIZA of any error, damage to packaging, or non-arrival as soon as possible.

In the event that the Customer reported a missing product or a delivery delay, ABRIZA will make enquiry with CHRONOPOST.

In case of a missing product, should said product be found before the indicated delivery date, the product will be redirected to the delivery address specified in the order form.

If the order or the missing product has not been delivered after the indicated delivery date the Customer shall write to ABRIZA via the contact form available on the Website.

If the delivery is not carried out within a reasonable additional time, the Customer has the possibility to cancel the Contract by making a statement to that effect, by any means including telephone, email, post or using the contact form available on the Website. The Contract shall be deemed to be cancelled upon receipt by ABRIZA of the Customer’s request informing of his/her decision (unless ABRIZA has performed in the meantime). In such a case, all the sums paid by the Customer (including delivery charges) will be returned to the Customer as a reimbursement as soon as possible and no later than fourteen (14) days from the date on which the Contract was cancelled.

  1. RIGHT TO CANCEL AND PRODUCTS RETURN

For any reason whatsoever the Customer may exercise his/her right to cancel within fourteen (14) days from the date of the Customer’s receipt of the parcel, as provided in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If ABRIZA send to the Customer multiple products from one order in separate parcels, these fourteen (14) days will start to run on the date the Customer receives the last parcel forming part of his/her order.

To exercise his/her right to cancel, the Customer must make a clear statement to that effect, whether this be by telephone, email, post or using the contact us form on the Website. The Customer may also use the Model Cancellation Form produced at schedule 1 of these General Terms and Conditions (although he/she is not obliged to do so).

ABRIZA shall acknowledge receipt of the cancellation without delay by sending an email to the Customer.

As from the exercise of his/her right to cancel, the Customer shall have an additional fourteen (14) days period to return the Products ordered.

Unsealed, open and/or used products shall not be accepted for return for hygiene and health protection reasons.

The Customer must return the Products in perfect condition and in original packaging, unopened, so that the Products can be remarketed, following the procedure described on the delivery form attached to the parcel. The Products must be returned accompanied by the return voucher duly completed, which has been sent with the parcel and is also available on the Website.

The Customer must return the Products to the following address:

MAISON ABRIZA

RETURNS SERVICE
12 BOULEVARD DES CAPUCINES
75009 PARIS
FRANCE

If the Customer is entitled to return Products under the conditions above, the Customer may return his/her order free of charge via CHRONOPOST by using the CHRONOPOST label contained in the parcel. If the Customer does not return his/her order via CHRONOPOST, ABRIZA will be unable to reimburse the Customer for the cost of making the return, except in case of a non-conformity of the Products delivered with the ordered ones (in such case, costs of return shall be borne by ABRIZA). The Customer shall be responsible for any and all risks linked to the return of the Product(s). The Customer may follow his/her parcel via the tracking link sent in the Order confirmation email to avoid any inconvenience in case of loss or theft of the Products during the return transport.

If the above conditions are fulfilled, ABRIZA shall reimburse to the Customer the total amount paid at the order of the returned Products, using the same manner as the payment for the order, excepted the costs of return, within a maximum period of fourteen (14) days from receipt of the return voucher, or – at the latest – from the most recent of the following dates: the day on which ABRIZA receives the returned Products, or the day on which the Customer provides ABRIZA with proof of expedition of the Products concerned by the exercise of the Customer’s right to cancel, whichever of these days occurs first.

In the event that the Customer has expressly chosen a method of delivery more expensive than the standard delivery method proposed by ABRIZA, the additional costs shall not be reimbursed and shall be borne by the Customer.

In case of a partial return of Products, the sole price of the returned Products shall be reimbursed by ABRIZA excluding the delivery costs, insofar as the Customer has benefited from the delivery service for the items kept and the delivery rates do not change depending on the volume ordered.

  1. IF THERE IS A PROBLEM WITH THE PRODUCTS

ABRIZA are under a legal duty to supply Products that are in conformity with the Contract. The box below shows a summary of the Customer’s key legal rights in relation to Products purchased on the Website. Nothing in these terms will affect the Customer’s legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back

If the Customer wishes to exercise his/her legal rights to reject Product(s) the Customer must post them back to ABRIZA at the address below or (if they are not suitable for posting) allow ABRIZA to collect them from the Customer. The Customer will have to stick the pre-paid return label on the packaging.

Returns address:

MAISON ABRIZA

RETUNS SERVICE
12 BOULEVARD DES CAPUCINES
75009 PARIS
France

  1. ABRIZA LIABILITY TO THE CUSTOMER

ABRIZA are responsible to the Customer for foreseeable loss and damage caused by it. If ABRIZA fail to comply with these General Terms and Conditions of Sale, it will be responsible for loss or damage suffered by the Customer that is a foreseeable result of ABRIZA breaking this Contract or by its failure to use reasonable care and skill.

ABRIZA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Parties knew it might happen.

ABRIZA does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by ABRIZA’s negligence or the negligence of ABRIZA’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customers legal rights in relation to the Products.

ABRIZA are not liable for business losses. ABRIZA only supplies the Products for domestic and private use. If the Customer uses the Products for any commercial, business or re-sale purpose ABRIZA will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity

ABRIZA makes no warranties that the Website will be available on an uninterrupted, timely, secure or error-free basis. Especially, ABRIZA shall not be responsible for:

  • Interruptions, malfunctions, or delays recorded on the Website due to technical failures, because of third parties or any circumstances beyond ABRIZA’s reasonable control.
  • The impossibility or temporary inability for the Customer to access the Website, due to circumstances which are beyond ABRIZA’s control, such as computer breakdown, interruptions of the telephone network, the Internet, or the failure of the Customer’s reception equipment for the Internet.

ABRIZA reserves the right to suspend access to the Website at any time.

  1. COMPLAINTS INFORMATION

For any information, complaints or question relating to the terms and conditions of sale on the Website or to the Products, Customers shall contact ABRIZA ‘s customer service via the contact form available on the Website, when appropriate by using their order number.

  1. INTELLECTUAL PROPERTY RIGHTS

Any and all intellectual property rights attached to the Products presented for sale on the Website are and shall remain the exclusive property of ABRIZA. All rights are exclusively reserved. Therefore, no one is authorized to reproduce, exploit, disseminate or use in any way, even partially, said intellectual property rights, unless ABRIZA’s prior written consent has been obtained. ABRIZA ‘s trademarks and logos are registered trademarks. Consequently, any reproduction is an infringement.

  1. APPLICABLE LAW AND WHERE THE CUSTOMER MAY BRING LEGAL PROCEEDINGS

These General Terms and Conditions of Sale are governed by English law and the Customer can bring legal proceedings in respect of the Products in the English courts. If the Customer lives in Scotland he/she can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If the Customer lives in Northern Ireland he/she can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which the Customer may find here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

  1. NON-WAIVER

Even if ABRIZA delays in enforcing the Contract, it can still enforce it later. If ABRIZA does not insist immediately that the Customer does anything he/she is required to do under these General Terms and Conditions of Sale, or if ABRIZA delay in taking steps against the Customer in respect of he/she breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent ABRIZA taking steps against the Customer at a later date.

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