GENERAL CONDITIONS OF SALE

1. PREAMBLE

This website (www.quintessence-paris.com) (hereinafter the “Site”) is published and managed by the company Quintessence Paris (hereinafter “Quintessence Paris” or the “Company”), a simplified joint-stock company (SAS) with share capital of € 197,745.78, with its registered office located at 38, rue de l'Université, 75007 Paris, France, registered with the Paris Trade and Companies Register under number 508 899 325, and having the intra-community VAT number FR49508 899 325.

The Company can be contacted by email at: contact@quintessence-paris.com

2. CONTRACTUAL OBJECT

This retail site is accessible via the internet at the address www.bcommebougie.gifts (hereinafter referred to as the "Site") and is open to any user of this network (hereinafter referred to as the "Buyer").

These general conditions of sale (the "General Conditions") are concluded between Quintessence Paris and any non-trading natural person wishing to make a purchase on the Site (hereinafter the "Buyer") (hereinafter collectively referred to as the "Parties ").

Any order placed on the Site implies prior consultation and full acceptance of these General Conditions, which can be viewed on the Site. The Parties therefore agree that their relations shall be governed by these General Conditions.

Quintessence Paris reserves the right to modify the General Conditions at any time, from time to time, and without prior notice, by publishing a new version on the Site. The General Conditions may under no circumstances be modified by the Buyer. The General Conditions in force are those present on the Site at the time the order is placed by the Buyer on the Site.

If a condition of sale is lacking, it will be governed by the provisions in force in the distance selling sector whose companies have their head offices in France. 

If one or more provisions of these General Conditions is rendered invalid pursuant to a French legal provision or a court decision, the other provisions will continue to remain in force.

3. ORDERS

a. Buyer

The Buyer declares that they have read and accepted the entirety of these General Conditions before placing and validating an order on the Site.

In order to be able to validly place an order on the Site, the Buyer must be at least 18 years old and have the legal capacity, or hold parental consent allowing them to place an order on the Site. The Buyer therefore declares that they have the capacity to enter into this contract and are not under guardianship.

Quintessence Paris reserves the right to ask any Buyer to provide proof of age or parental consent, and not to honour the Buyer's order if the latter does not provide proof.

Quintessence Paris reserves the right to cancel an order (against refund) which is presumed to not meet the above criteria, without incurring any liability.

When the Buyer sends the necessary contact details for the delivery of the product or products appearing on the Site to Quintessence Paris via the Site, they must ensure the accuracy and completeness of that information. In the event of an error in the wording of the recipient's contact details, Quintessence Paris cannot be held responsible for the impossibility of delivering the ordered product(s).

b. Products

The products of the Quintessence Paris brand (the “Product(s)”) are those present on the Site on the day the Buyer consults the Site. Quintessence Paris provides the greatest possible accuracy in the presentation and description of its Products on its Site. However, if non-substantial errors or omissions may have occurred with respect to the presentation, it shall not be held liable for the same.

The photographs of the Products are not contractually bound.

Quintessence Paris will honour orders placed by the Buyer within the limits of available stocks and will do its best to keep the availability of the Products up to date on the Site.

In the event that, despite the vigilance of Quintessence Paris, one or more Products ordered by a Buyer are temporarily or permanently unavailable, or if the delivery times exceed the date indicated at the time of the order by more than seven (7) days (except in cases of force majeure), Quintessence Paris will inform the Buyer by email. The Buyer will then have the possibility of modifying or cancelling the order by email addressed to contact@quintessence-paris.com. In the case of order cancellation due to a delay in delivery, the Buyer must express their wish to cancel or modify the order at the latest within one hundred (100) calendar days from the date indicated for the delivery of the order. Under the assumptions of this paragraph, Quintessence Paris undertakes to refund the Buyer whose payment has already been debited as soon as possible and at the latest within twenty-five (25) days after the date of payment. No additional compensation will be paid by Quintessence Paris to the Buyer in such cases.

c. Prices

The prices of the Products indicated on the Site are in euros or any other currency, inclusive of all French taxes for orders in France and import costs for orders abroad (net of French VAT).

Discounts will be applied to the Buyer's order basket if they meet the necessary conditions and have correctly entered the promotional codes.

Depending on the delivery terms, the Buyer's contribution to the shipping costs shall amount to:

•  Shipping costs via Colissimo and Mondial Relay 

The shipping costs shall decrease if several products are part of the same order and will be indicated in the summary of any order of Product(s) on the Site. 

NOTE: if the country of delivery is not part of the European Union, customs duties may be payable by the recipient. Quintessence Paris has no control over these charges which are the sole responsibility of the Buyer.

Quintessence Paris reserves the right to modify the prices at any time and without prior notice. The prices applicable to the Buyer's order will be those indicated on the Site at the time of validation of the order on the Site by the Buyer.

d. Payment

Quintessence Paris has the Afone and Paypal secure payment system. The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. No banking information is kept in our server and Quintessence Paris has no access to the Buyers' bank details: the entry form is hosted directly at the partner bank, BNP (the "Banking Establishment"). The highest level of security thus guarantees all transactions made on the Site.

If the Buyer pays with a credit/debit card that is not French, it has to be valid for making international transactions. Any commission or other cost related to the payment charged to the Buyer by their bank or BNP (which provides Quintessence Paris with the secure payment system) will be borne by the Buyer.

The total amount to be paid for the order is indicated to the Buyer on the internet page summarising their "basket", i.e. all the items that are part of the order. Before making payment, the Buyer thus has the possibility to check their order details and the total price online, and correct any errors.

Payment is due when placing an order, by bank card (including Amex) and Paypal only. The Buyer guarantees Quintessence Paris that they are entitled to use the bank card used for payment. In the event that a Buyer's payment is rejected by the bank, Quintessence Paris reserves the right to cancel the dispatch of their order. Any new order placed by this Buyer may be suspended or cancelled by Quintessence Paris.

Only the bank cards mentioned on the Site shall be accepted. While placing an order, the Buyer must provide the information requested concerning their payment card to the Site (in particular the number of the card, the date of validity and the cryptogram on the back of the card). Online payments are completely secure. The information transmitted is encrypted and only the online payment tool (managed by the Quintessence Paris bank) has access to it.

Payment constitutes the last step of order validation. The Buyer may modify any of the items in their order at any time until payment is validated. Once payment is confirmed by the Buyer, the order is validated and becomes final.

The Buyer will receive an email from Quintessence Paris acknowledging receipt and summarising the items of the order at the email address they have indicated.

The Buyer expressly acknowledges that the transmission - apart from their surname and first name as they appear on the bank card - of their card number, its expiry date and, above all, its cryptogram constitutes authorisation to debit from their account the amount due for the Product(s) ordered on the Site.

The Buyer's bank card (or Paypal account) will be debited upon confirmation by the banking establishment that the Buyer's payment has been accepted.

The Products remain the full and entire property of Quintessence Paris until full payment of the invoiced products, including all costs and taxes.

 e. Delivery

Upon confirmation of the Buyer's payment by the Banking Establishment, Quintessence Paris will process the order within the limits of available stocks.

Orders are delivered to the delivery address indicated by the Buyer at the time of order placement on the Site, provided that the information relating to the delivery is correct.

Since Quintessence Paris has no control over these deadlines, the payment of penalties or compensation to the Buyer by Quintessence Paris will not be accepted.

Furthermore, the Buyer is entitled to cancel their order under the terms of Article 3-b of these General Conditions of Sale.

If, despite everything, delivery cannot take place, or if the Buyer refuses delivery, the package will be returned to Quintessence Paris.

Delivery times may vary depending on the country of destination chosen by the Buyer and, except in exceptional circumstances, may not exceed ten (10) days starting from 9 a.m. on the day after order placement by the Buyer from Monday to Friday. 

Please note the following indicative time lines are communicated by the national post offices of each country:

  • European Union: within 7 days;
  • The rest of the world: 7-10 days depending on the country (UAE and HK within 7 days);
  • Pairs embroidered with initials will be delivered within 6 to 8 weeks.

Delivery times are indicative time lines communicated by the national post offices of each country.

Delivery times are calculated in principle in terms of business days (exceptions may nevertheless occur depending on the country of delivery, particularly within the European Union or internationally, outside the European Union countries: in such a case, the time lines are then calculated in terms of days worked). 

The Buyer can track a package at any time on the internet using the number and link provided by email after order placement. 

Quintessence Paris cannot be held responsible for the proper performance of the carriers' obligations insofar as the resulting non-performance or poor performance of its own obligations towards the Buyer is attributable to the carrier or to an unforeseeable and insurmountable event of a third party to the distance selling contract concluded with the latter or to a case of force majeure (cf. art. L.121-20-3 of the Consumer Code). 

Similarly and in a more general manner, if the direct responsibility of Quintessence Paris were to be questioned, the Company may exonerate itself from all or part of it by providing proof that the non-performance or poor performance of the contract concluded with the Buyer is attributable, either to the latter or to an unforeseeable and insurmountable event on the part of a third party to the contract, or to a case of force majeure.

The delivery of orders is carried out by carriers. Delivery times are likely to vary depending on the country of destination of the package and the time the Buyer placed the order.

- Domestic shipments: national delivery within 7 days. Door-to-door delivery upon signature, tracking of shipments 24 hours a day, available to all destinations in Metropolitan France, Corsica and Monaco.

- Shipments within the EU and to the rest of the world: door-to-door delivery (upon signature) between one (1) and ten (10) days following the dispatch of the order depending on the destination.

D+1 in Europe. D+2 in Asia Pacific, the Middle East and everywhere else in the world. Available to all destinations worldwide. Secure network and 24-hour shipment tracking.

Customs clearance, if applicable (outside the EU), carried out by the carrier before the physical arrival of the goods.

The package can be tracked on the internet via the number and link sent by email after each order.

If the package arrives damaged or opened, the Buyer must refuse delivery, specifying the reason on the transport voucher, or else accept it by noting clear, precise and reasoned reservations on the transport voucher. Any delivery of packages accepted without reservations on delivery will be deemed to be free of delivery defects.

f. Returns and right of withdrawal

- In accordance with article L.221-18 of the Consumer Code, by way of commercial policy, the Company accepts the extension of this period up to one hundred (100) days. 

However, in the case of discounted or private sales, the items cannot be refunded. They can only be exchanged or you can benefit from a credit note valid for one year. Archive sales are final, and the items are non-refundable and non-exchangeable.

To obtain a refund for an ordered Product, the Buyer must return, at his own expense, the new and unburnt Product, in its original packaging, within one hundred (100) clear days from the date of receipt of their order. In the case of a size exchange, the second shipment shall be the responsibility of the Company.

Prior to the return of the Product(s) by the Buyer, the latter must send a request for return or exchange by email to contact@quintessence-paris.com.

Returned packages must be sent exclusively to the following address:

Quintessence Paris – 40 rue de Seine – 75006 Paris 

The Buyer is advised to keep proof provided by the postal services of the shipment of the package. In the event of non-receipt of the package by Quintessence Paris, and without proof of its proper delivery by the postal services, the Company cannot be held liable. Any risk related to the return of the Product is the responsibility of the Buyer.

If the package is returned to Quintessence Paris unopened, the return costs to Quintessence Paris will be borne by the Buyer, unless otherwise accepted by Quintessence Paris.

 

In addition, if, under extraordinary circumstances, the Buyer receives from the Company a Product that does not correspond to they order, the Buyer will be invited to contact Quintessence Paris within thirty (30) days of receipt of the order by email at contact@quintessence-paris.com, so that the Company can confirm this non-compliance and indicate the procedure for return at the expense of Quintessence Paris.

The Company does not accept the return of Products with postage due.

IMPORTANT: For returns/exchanges from countries outside the EU, the Buyer must clearly indicate on the customs clearance slip that it is a non-commercial shipment without commercial value, to avoid payment of customs duty to be borne by Quintessence Paris. In the case of an exchange, Quintessence Paris will proceed in the same manner to avoid a second payment of customs duties to be borne by the Buyer.

The Buyer will be reimbursed by the Company for the entire amount paid for the order of the returned Product(s), with the exception of the return costs to Quintessence, which are to be borne by the Buyer. If the Buyer returns the entire order, the initial shipping costs (sending of the package by Quintessence Paris to the Buyer) will be refunded. Refund of the returned Product(s) will be made by recrediting the bank card or Paypal account used at the time of ordering, within a maximum period of twenty-five (25) days from the date of receipt of the returned package by Quintessence Paris.

Returns received by Quintessence Paris which have not been returned in accordance with the procedures mentioned above may not be refunded by Quintessence Paris.

4. GUARANTEES

TAll the Products sold on the Site published and managed by Quintessence Paris benefit from the legal guarantee of conformity provided for in articles L.211-4 to L.211-14 of the Consumer Code and the guarantee against defects of sold items provided for in articles 1641 to 1649 of the Civil Code.

5. INTELLECTUAL PROPERTY

Quintessence Paris owns the rights to this Site and all elements, brands, logos, illustrations, texts, sound elements, etc. appearing on it.

Quintessence Paris does not grant any license or right other than the right to access and consult this Site.

Reproduction or use of all or part of the Site is only authorised for the purposes of strictly personal and private information. Any other use made without the prior written authorisation of Quintessence Paris will constitute an infringement and may be penalised as such.

6. INFORMATION TECHNOLOGY AND LIBERTIES

The personal data communicated by the Buyer and collected by Quintessence Paris at the time of order placement by the Buyer are mandatory and necessary for the processing and management of the order. Failure to provide these elements would otherwise not allow Quintessence Paris to process the Buyer's order.

In accordance with the French Data Protection Law No. 78-17 of 6 January 1978 amended by Law No. 2004-801 of 6 August 2004, the Buyer has the right to access, rectify, object to and cancel their personal data by contacting the Company: Quintessence Paris, 40 rue de Seine - 75006 Paris, France or by email sent to

contact@quintessence-paris.com.

The site has been declared to the CNIL (National Commission for Information Technology and Liberties).

 

7. MISCELLANEOUS PROVISIONS

a. IT or technical issues on the Site

Quintessence Paris declines any responsibility in the event of interruption, malfunction or fraudulent intrusion on the Site.

Quintessence Paris cannot be held liable in the event of loss of data or files following consultation of the Site. It is up to the Buyer to make all the necessary backups before placing an order on the Site.

 b. Force majeure

Quintessence Paris cannot be held liable for total or partial non-compliance with the obligations of these General Conditions in the event of the occurrence of an event of force majeure as referred to in article 1148 of the Civil Code.

8. APPLICABLE LAW AND JURISDICTION

These General Conditions shall be governed by French law regardless of the country of delivery.

In the absence of an amicable agreement, which must be sought before any legal action, any dispute relating to the interpretation, execution or termination of the contract concluded between Quintessence Paris and the Buyer, even in the event of multiple defendants, will come under the exclusive competence of the courts of Paris.