THIS WEBSITE IS THE PROPERTY OF AND IS PUBLISHED BY THE COMPANY A&Y LUXURY, SECONDARY ESTABLISHMENT OF THE COMPANY EM DEVELOPMENT ; ONE-PERSON SARL WITH A CAPITAL OF 5,000.00 EUROS REGISTERED WITH THE PARIS RCS 53848835400027, HEAD OFFICE: 2 BOULEVARD ANDRÉ MAUROIS, 75116 PARIS, FRANCE.
TELEPHONE NUMBER: +33 (0)155931844
DIRECTOR OF PUBLICATION: AVY IFRAH
GENERAL CONDITIONS OF SALE OF THE ÉLIXIR PRIVÉ PARFUM WEBSITE - FRANCE, 2020.
THE PURCHASE OF PRODUCTS OFFERED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE IS SUBJECT TO THESE GENERAL CONDITIONS OF SALE ("GENERAL CONDITIONS OF SALE"). THESE CONDITIONS APPLY TO THE EXCLUSION OF ALL OTHER CONDITIONS, IN PARTICULAR THOSE IN FORCE FOR IN-STORE SALES.
ÉLIXIR PRIVÉ PARFUM MAY MODIFY OR UPDATE THESE GENERAL CONDITIONS OF SALE AT ANY TIME. YOU CAN READ THE VERSION OF THE GENERAL CONDITIONS OF SALE IN FORCE AT ANY TIME BY CLICKING ON THE "CGV" LINKS.
1- TERMS OF ORDER
THE ÉLIXIR PRIVÉ PARFUM WEBSITE ALLOWS PRODUCTS OF THE “ÉLIXIR PRIVÉ PARFUM PARIS” BRAND TO BE ORDERED ONLINE VIA WWW.ELIXIRPRIVE.COM EXCLUSIVELY FOR DELIVERY TO MAINLAND FRANCE (INCLUDING CORSICA).
HEREINAFTER REFERRED TO AS “THE ÉLIXIR PRIVÉ PARFUM WEBSITE”.
FOR ANY EXCEPTIONAL ORDER, PLEASE CONTACT US AT ELISE@ELIXIRPRIVE.COM OR BY PHONE AT +33 (0)155931844.
THE PRODUCTS ARE DESCRIBED AND PRESENTED WITH THE GREATEST POSSIBLE ACCURACY, WITH MENTION OF THEIR ESSENTIAL CHARACTERISTICS WITHIN THE MEANING OF ARTICLE L. 111-1 OF THE CONSUMER CODE.
EACH TIME YOU PLACE AN ORDER ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE, YOU WILL BE ASKED TO CONFIRM YOUR ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE IN FORCE ON THE DATE OF PLACING YOUR ORDER BY TICKING THE BOX PROVIDED FOR THIS PURPOSE. FAILING THIS, THE ORDER CANNOT BE PLACED.
YOU MUST CAREFULLY CHECK THE ACCURACY OF YOUR SELECTION BEFORE CONFIRMING YOUR ORDER. YOU ARE INFORMED THAT THE ORDER IS SUBJECT TO A PAYMENT OBLIGATION.
IT IS POSSIBLE FOR YOU, FOR A GIFT ORDER, TO INCLUDE AN ACCOMPANYING CARD LIMITED TO 200 CHARACTERS. THESE CHARACTERS WILL BE TRANSCRIBED MANUALLY.
AN ORDER CONFIRMATION IS SENT TO YOU BY E-MAIL; THIS E-MAIL CONTAINS, ON THE ONE HAND, THE ACKNOWLEDGMENT OF RECEIPT OF THE REGISTRATION OF YOUR ORDER WITH THE DESCRIPTION OF THE SELECTED ÉLIXIR PRIVÉ PARFUM PRODUCTS, THE QUANTITY, THE PRICE AS WELL AS THE AMOUNT OF THE SHIPPING COSTS, THE ASSOCIATED PAYMENT, AND ON THE OTHER HAND, THE GCS IN THE VERSION ACCEPTED BY YOU, THUS CONSTITUTING PROOF OF THE ORDER, AND OF THE CONTRACT MADE.
UNLESS PROVEN OTHERWISE, THE DATA RECORDED BY ÉLIXIR PRIVÉ PARFUM CONSTITUTES PROOF OF ALL TRANSACTIONS MADE BY ÉLIXIR PRIVÉ PARFUM AND ITS CUSTOMERS.
THE STATUS OF THE ORDER CAN BE CONSULTED AT ANY TIME BY THE CUSTOMER FROM YOUR CUSTOMER ACCOUNT ACCESSIBLE FROM THE WEBSITE, ÉLIXIR PRIVÉ PARFUM, ACCESS TO WHICH IS RESERVED FOR YOU BY A PASSWORD CHOSEN BY YOU. THE INFORMATION AND INFORMATION COMPLETED BY THE CUSTOMER MAY BE MODIFIED AT ANY TIME BY THE CUSTOMER; THE LATTER CAN ALSO ACCESS INFORMATION RELATING TO ANY PREVIOUS ORDERS.
2- AVAILABILITY
OUR PRODUCT OFFERS AND PRICES ARE VALID AS LONG AS THEY ARE VISIBLE ON THE SITE, WITHIN THE LIMITS OF AVAILABLE STOCKS. IN THE EVENT OF PRODUCT UNAVAILABILITY AFTER PLACING YOUR ORDER, WE WILL NOTIFY YOU BY EMAIL OR TELEPHONE AS SOON AS POSSIBLE, SUGGESTING THAT YOU EITHER ORDER ANOTHER ARTICLE PRESENTED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE AS A REPLACEMENT, OR TO CANCEL YOUR ORDER. IF YOU CHOOSE TO CANCEL YOUR ORDER, YOU WILL BE IMMEDIATELY REFUNDED IF YOUR BANK ACCOUNT HAS BEEN DEBITED.
ORDERS PLACED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE ARE RESERVED FOR INDIVIDUALS AND COMPANIES THAT ARE "END BUYERS". THE RESALE OR DISTRIBUTION OF ÉLIXIR PRIVÉ PARFUM PRODUCTS PURCHASED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE IS STRICTLY PROHIBITED.
A&Y LUXURY IS A RETAILER AND IS NOT INTENDED TO SELL THE PRODUCTS OFFERED IN LARGE QUANTITIES. CONSEQUENTLY, A&Y LUXURY RESERVES THE RIGHT TO LIMIT THE QUANTITY OF PRODUCTS ORDERED OR REFUSE ORDERS FOR THE SAME PRODUCT IN LARGE QUANTITIES, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS IN THIS AREA AND IN PARTICULAR THOSE OF ARTICLE L122-1 OF THE FRENCH CONSUMER CODE. .
A&Y LUXURY RESERVES THE RIGHT TO CHANGE AT ANY TIME AND WITHOUT NOTICE THE PRODUCTS OFFERED FOR SALE ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE.
3- PRICE
THE PRICES OF ÉLIXIR PRIVÉ PARFUM PRODUCTS ARE INDICATED IN EUROS FOR THE FRENCH STORE. THE PRICES ARE INDICATED INCLUSIVE OF ALL TAXES, EXCLUDING PARTICIPATION IN PROCESSING AND SHIPPING COSTS.
A&Y LUXURY RESERVES THE RIGHT TO MODIFY AT ANY TIME AND WITHOUT NOTICE THE PRICES OF THE PRODUCTS OFFERED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE. THE PRODUCTS ARE INVOICED ON THE BASIS OF THE PRICES DISPLAYED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE AT THE TIME OF PLACING YOUR ORDER, SUBJECT TO THE AVAILABILITY OF THE PRODUCTS ORDERED AT THAT TIME.
THE PRODUCTS REMAIN THE PROPERTY OF THE COMPANY A&Y LUXURY UNTIL FULL PAYMENT HAS BEEN RECEIVED BY ÉLIXIR PRIVÉ PARFUM. ON THE OTHER HAND, YOU ASSUME THE RISKS (IN PARTICULAR OF LOSS, THEFT OR DETERIORATION) CONCERNING THE PRODUCTS DELIVERED AND THIS FROM THE EFFECTIVE DATE OF DELIVERY.
APART FROM THE CASES OF REIMBURSEMENT PROVIDED FOR BELOW, A&Y LUXURY WILL NOT REIMBURSE THE VAT APPLIED TO PURCHASES MADE ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE (EVEN IN THE EVENT THAT THE BUYER, AFTER RECEIPT, RESHIPS THE ÉLIXIR PRIVÉ PARFUM PRODUCTS TO A COUNTRY OUTSIDE THE EUROPEAN UNION).
4- PAYMENT
ALL ORDERS PLACED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE MUST BE PAID FOR IMMEDIATELY WHEN PLACING YOUR ORDER. WE ONLY ACCEPT PAYMENT BY CREDIT CARD.
ALL ORDERS ARE PAYABLE IN EUROS FOR THE FRENCH ONLINE STORE.
THE DISPATCH OF YOUR ORDER TAKES PLACE ONLY AFTER VERIFICATION OF YOUR METHOD OF PAYMENT AND RECEIPT OF THE AUTHORIZATION TO DEBIT YOUR CARD.
YOUR BANK CARD IS ONLY DEBITED WHEN YOUR ORDER IS DISPATCHED. IN THE EVENT OF UNAVAILABILITY OF CERTAIN ITEMS ORDERED, ONLY THE PRICE AND SHIPPING COSTS RELATING TO THE AVAILABLE PRODUCTS WILL BE DEBITED.
ÉLIXIR PRIVÉ PARFUM USES THE SSL ENCRYPTION PROCESS TO PROTECT ALL DATA RELATED TO PERSONAL INFORMATION AND MEANS OF PAYMENT.
IN ALL SECURE AREAS IN WHICH THE URL ADDRESS BEGINS WITH HTTPS:// (WHERE THE "S" STANDS FOR SECURE), THE INFORMATION IS ENCRYPTED AND THEREFORE PROTECTED BEFORE BEING TRANSFERRED OVER THE INTERNET.
FOR SOME ORDERS, YOU MAY BE ASKED TO MAKE AN AUTHENTICATED AND SECURE PAYMENT USING THE 3D SECURE SYSTEM (VIA "VERIFIED BY VISA®" OR "MASTERCARD® SECURECODE"). IN THIS CASE, YOU WILL NEED TO ENTER THE PERSONAL INFORMATION REQUESTED BY YOUR BANK IN ORDER TO FINALIZE YOUR PAYMENT.
FOR THE FRENCH ONLINE STORE, WE ACCEPT AS A MEANS OF PAYMENT: CARTE BLEUE, VISA, AMERICAN EXPRESS, MASTER CARD.
5- FRAUD PREVENTION
A&Y LUXURY RESERVES THE RIGHT TO CANCEL OR REFUSE THE ORDER OF A CUSTOMER WITH WHOM IT IS IN DISPUTE FOR A PREVIOUS ORDER, OR IF A&Y LUXURY REASONABLY BELIEVES THAT SUCH CUSTOMER HAS BREACHED THESE TERMS AND CONDITIONS OR ENGAGED IN FRAUDULENT ACTIVITY, OR FOR ANY OTHER LAWFUL REASON.
IN THE EVENT OF LOSS, THEFT OR ANY FRAUDULENT USE OF YOUR PASSWORD, YOU UNDERTAKE TO IMMEDIATELY INFORM ELIXIRPRIVE.COM.
6- LEGAL WARRANTIES - WARRANTY EXCLUSIONS
IN ACCORDANCE WITH THE LEGAL PROVISIONS IN FORCE, WE WILL REFUND OR EXCHANGE DEFECTIVE PRODUCTS, NON-COMPLIANT OR NOT CORRESPONDING TO YOUR ORDER.
THE PRODUCTS SOLD ON THE JOSEPHINEBAKERPARIS.COM SITE ARE SUBJECT TO THE CONDITIONS OF LEGAL GUARANTEES PROVIDED FOR BY ARTICLES L 211-4, L 211-5 AND L 211-12 OF THE CONSUMER CODE AS WELL AS BY ARTICLES 1641 AND 1648 OF THE CODE. CIVILIAN:
ARTICLE 1641 CIVIL CODE: THE SELLER IS BOUND BY THE GUARANTEE FOR HIDDEN DEFECTS OF THE THING SOLD WHICH RENDER IT UNFIT FOR THE USE FOR WHICH IT IS INTENDED, OR WHICH REDUCE THIS USE SO MUCH THAT THE BUYER WOULD NOT HAVE ACQUIRED IT. , OR WOULD HAVE PAID LESS, IF HE HAD KNOWN THEM.
ARTICLE 1648 OF THE CIVIL CODE: THE ACTION RESULTING FROM REDHIBITORY DEFECTS MUST BE BROUGHT BY THE PURCHASER WITHIN TWO YEARS FROM THE DISCOVERY OF THE DEFECT. IN THE CASE PROVIDED FOR BY ARTICLE 1642-1, THE ACTION MUST BE BROUGHT, ON PAIN OF FORECLOSURE, WITHIN ONE YEAR FOLLOWING THE DATE ON WHICH THE SELLER CAN BE DISCHARGED FROM APPARENT DEFECTS.
ARTICLE L211 -4 OF THE CONSUMER CODE: THE SELLER IS REQUIRED TO DELIVER GOODS THAT COMPLY WITH THE CONTRACT AND IS LIABLE FOR ANY LACK OF CONFORMITY EXISTING AT THE TIME OF DELIVERY. HE IS ALSO LIABLE FOR ANY LACK OF CONFORMITY RESULTING FROM THE PACKAGING, THE ASSEMBLY INSTRUCTIONS OR THE INSTALLATION WHEN THIS HAS BEEN CHARGED TO HIM BY THE CONTRACT OR HAS BEEN CARRIED OUT UNDER HIS RESPONSIBILITY.
ARTICLE L211 -5 OF THE CONSUMER CODE: TO COMPLY WITH THE CONTRACT, THE GOODS MUST:
BE SPECIFIC TO THE USE USUALLY EXPECTED OF A SIMILAR GOOD AND, WHERE APPLICABLE, CORRESPOND: TO THE DESCRIPTION GIVEN BY THE SELLER AND POSSESS THE QUALITIES THAT THE LATTER HAS PRESENTED TO THE BUYER IN THE FORM OF A SAMPLE OR MODEL; PRESENT THE QUALITIES THAT A BUYER CAN LEGITIMATELY EXPECT GIVEN THE PUBLIC STATEMENTS MADE BY THE SELLER, THE PRODUCER OR HIS REPRESENTATIVE, IN PARTICULAR IN ADVERTISING OR LABELING; OR PRESENT THE CHARACTERISTICS DEFINED BY MUTUAL AGREEMENT BY THE PARTIES OR BE SUITABLE FOR ANY SPECIAL USE SOUGHT BY THE BUYER, BROUGHT TO THE SELLER'S ATTENTION AND WHICH THE LATTER HAS ACCEPTED.
ARTICLE L211-12 OF THE CONSUMER CODE: THE ACTION RESULTING FROM THE LACK OF CONFORMITY IS PRESCRIBED BY TWO YEARS FROM THE DELIVERY OF THE GOODS.
7- INTELLECTUAL PROPERTY
THE ÉLIXIR PRIVÉ PARFUM WEBSITE IS PROTECTED BY COPYRIGHT. THE USE OF ALL OR PART OF THE SITE, IN PARTICULAR BY DOWNLOADING, REPRODUCTION, TRANSMISSION OR REPRESENTATION ON ANY MEDIUM AND BY ANY PROCESS, FOR PURPOSES OTHER THAN FOR PERSONAL AND PRIVATE USE FOR NON-COMMERCIAL PURPOSES IS STRICTLY PROHIBITED.
THE CORPORATE NAMES, TRADEMARKS AND DISTINCTIVE SIGNS REPRODUCED ON THE ÉLIXIR PRIVÉ PARFUM WEBSITE ARE ALSO PROTECTED UNDER TRADEMARK LAW. THE REPRODUCTION OR REPRESENTATION OF ALL OR PART OF ONE OF THE AFOREMENTIONED SIGNS MUST BE SUBJECT TO PRIOR WRITTEN AUTHORIZATION FROM A&Y LUXURY.
IN GENERAL, ANY UNAUTHORIZED REPRODUCTION OR REPRESENTATION OF TRADEMARKS, LOGOS, DRAWINGS, MODELS, LITERARY, MUSICAL, AUDIOVISUAL, PHOTOGRAPHIC WORKS AND MORE GENERALLY OF ANY ELEMENT LIKELY TO BE PROTECTED BY AN INTELLECTUAL PROPERTY RIGHT ACCESSIBLE ON THE SITE INTERNET ÉLIXIR PRIVÉ PARFUM IS PROHIBITED AND WOULD CONSTITUTE AN INFRINGEMENT WITHIN THE MEANING OF ARTICLES L335-2 AND FOLLOWING OF THE INTELLECTUAL PROPERTY CODE, UNLESS THIS REPRODUCTION OR REPRESENTATION IS EXCLUSIVELY RESERVED FOR STRICTLY PERSONAL AND PRIVATE USE.
8- PERSONAL DATA - LIST OF OPPOSITION TO CANVASSING
THE INFORMATION AND DATA CONCERNING YOU ARE COLLECTED BY THE COMPANY A&Y LUXURY. THIS DATA IS NECESSARY FOR THE MANAGEMENT OF YOUR ORDER AND FOR OUR COMMERCIAL RELATIONS. THEY CAN BE TRANSMITTED TO THE COMPANIES WHICH CONTRIBUTE TO THESE RELATIONS SUCH AS THOSE IN CHARGE OF THE EXECUTION OF THE SERVICES AND ORDERS FOR THEIR MANAGEMENT, EXECUTION, TREATMENT AND PAYMENT.
THIS INFORMATION AND DATA IS ALSO KEPT FOR SECURITY PURPOSES, IN ORDER TO COMPLY WITH LEGAL AND REGULATORY OBLIGATIONS AND TO ALLOW US TO IMPROVE AND PERSONALIZE THE SERVICES WE OFFER AND THE INFORMATION WE SEND YOU.
IN ACCORDANCE WITH THE DATA PROTECTION ACT OF JANUARY 6, 1978, YOU HAVE A RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION TO PERSONAL DATA CONCERNING YOU. JUST WRITE TO US ONLINE AT, ELISE@ELIXIRPRIVE.COM, OR BY MAIL TO, A&Y LUXURY, 2 BOULEVARD ANDRE MAUROIS, 75116 PARIS, FRANCE (FOR THE FRENCH AND EUROPEAN ONLINE STORE) BY INDICATING YOUR SURNAME, FIRST NAME, E-MAIL ADDRESS.
IN ACCORDANCE WITH THE REGULATIONS IN FORCE, YOUR REQUEST MUST BE SIGNED AND ACCOMPANIED BY A PHOTOCOPY OF AN IDENTITY DOCUMENT BEARING YOUR SIGNATURE AND SPECIFY THE ADDRESS TO WHICH THE RESPONSE MUST BE SENT. A RESPONSE WILL THEN BE SENT TO YOU WITHIN 2 MONTHS OF RECEIPT OF THE REQUEST.
DEPENDING ON YOUR CHOICES MADE WHEN CREATING OR VIEWING YOUR ACCOUNT, YOU MAY RECEIVE OFFERS AND INFORMATION FROM OUR COMPANY. IF YOU NO LONGER WANT IT, YOU CAN ASK US TO DO SO AT ANY TIME BY SPECIFYING IT IN YOUR ACCOUNT.
IF THE CUSTOMER'S TELEPHONE NUMBER IS COLLECTED WHEN CREATING HIS ACCOUNT OR PLACING HIS ORDER, WE INFORM THE CUSTOMER THAT HIS TELEPHONE NUMBER WILL ONLY BE USED FOR THE PROPER EXECUTION OF HIS ORDERS OR TO CONTACT HIM. IN ORDER TO OFFER THEM NEW SERVICES.
WITHOUT PREJUDICE TO THE FOREGOING, IN ACCORDANCE WITH LEGAL PROVISIONS, WE INFORM THE CUSTOMER THAT HE CAN, IF HE WISHES, REGISTER ON THE LIST OF OPPOSITION TO COLD CALLING. THE CUSTOMER CAN ALSO REGISTER FOR FREE ON THIS LIST, WHICH IS BINDING ON ALL PROFESSIONALS EXCEPT THOSE WITH WHOM THE CUSTOMER HAS ALREADY CONCLUDED A CONTRACT.
9- APPLICABLE LAW
THESE GENERAL CONDITIONS OF SALE ARE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FRENCH LAW.
THESE GENERAL CONDITIONS OF SALE ARE WRITTEN IN FRENCH.
FOR ANY COMPLAINT, OUR CUSTOMERS MUST FIRST CONTACT:
A&Y LUXURY, 2 BOULEVARD ANDRE MAUROIS, 75116 PARIS, FRANCE.
WE WILL DO OUR BEST TO RESOLVE DISPUTES BETWEEN US AND THE CUSTOMER AMICABLY. ANY DISPUTES WILL BE THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS. THE CUSTOMER IS INFORMED OF THE POSSIBILITY OF HAVING RECOURSE, IN THE EVENT OF A DISPUTE, TO A CONVENTIONAL MEDIATION PROCEDURE OR TO ANY OTHER ALTERNATIVE METHOD OF SETTLING DISPUTES.
