General Conditions of Sale and Use (GCS/CGU)

1. About us

The Company MANELLE PARFUMS, SARL, with capital of 20,000.00 euros, whose registered office is at NEUILLY SUR SEINE (92200) 41 AVENUE SAINT FOY, registered in the trade and companies register of NANTERRE under number 851203750 represented by Mr. Abdel Hafid DJEBLI (hereinafter the "Company"). The Company sells the following products to its Customers via its Website: Wholesale and semi-wholesale trade of perfumes and cosmetics.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/GCU"). Placing an Order implies acceptance of the GTC/GCU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing their Order online. The GTC/GCU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase. They are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the T&Cs/T&Cs, the Customer is subject to the version in force at the time of their Order.

3. Definitions

"Customer" means the Professional or Consumer who has placed an Order for a Product sold on the Website; "Order" means any order placed by the User registered on this Site; "General Terms and Conditions of Sale and Use" or "GTC/GCU" means these general terms and conditions of use and online sale; "Consumer" means the buyer who is a natural person who is not acting for professional needs and/or outside of his or her professional activity; "Products" means the material things that may be appropriated and which are offered for sale on this Site; "Professional" means the buyer who is a legal entity or natural person who is acting within the framework of his or her professional activity; "Site" means this Site, i.e. manelparfums.com; "Company" means the MANELLE PARFUMS Company, more fully designated in Article I hereof; and "User" means any person who uses the Site.

4. Registration

Registration on the Site is open to all legal entities or individuals of full age and in full possession of their legal personality and capacity. Use of the Site is conditional upon the registration of a User. Registration is free. To register, the User must complete all mandatory fields; otherwise, registration cannot be completed. Users guarantee and declare on their honor that all information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to the latter and available in their account. Each registered User has a username and password. These are strictly personal and confidential and must not under any circumstances be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his or her username and password. The Company shall not be held liable for any identity theft of a User. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the T&Cs/T&Cs, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User. Deletion of the account results in the definitive loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the T&Cs/T&Cs, the offending User is strictly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the express authorization of the Company.

5. Orders

Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the “Order” button. He must provide an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site. Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to delivery. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.

6. Products and prices

The Products covered by the T&Cs/T&Cs are those that appear on the Site and that are sold and shipped directly by the Company. The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The sale is made within the limit of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent. When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include delivery costs which will be detailed where applicable in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote setting out the price calculation formula. Under no circumstances may a User demand the application of reductions no longer in force on the day of the Order.

7. Payment Terms

Unless otherwise provided, all sales are paid in cash at the time the Order is placed. Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when the Order is placed or upon receipt of the invoice. Payment can be made by: Bank card via a secure connection In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent on the date of the Order for the Services. In addition to late payment penalties, any amount, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a fixed penalty of 40 euros due for recovery costs. In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late payment penalties in the supply of the Products ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site. The penalty owed by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.

8. Delivery

The Products are delivered exclusively to the following geographical areas: Metropolitan France Corsica Overseas European continent North America South America Africa Asia Oceania The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered. In the event that the delivery deadline is exceeded by 10 days, except in cases of force majeure, the Customer may request termination of the contract by registered letter with acknowledgement of receipt, after having ordered the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied. In this case, the Customer will be reimbursed within 30 days if a payment has already been made. In the event that delivery is not possible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Customer. In addition, the Company cannot be held liable for reasons related to exceeding delivery times: during periods of high demand, such as the end-of-year holiday period, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for events attributable exclusively to the carrier responsible for delivery. Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site: to the address indicated by the Customer when placing the Order by simple post.

9. Complaint

For all Orders placed on this Site, the Customer has a right to complain within 24 hours of delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly expressed upon delivery, the Products are deemed to comply with the Order. To exercise this right to complain, the Customer must send the Company, at the address contact@manelparfums.com, a declaration in which they express their reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.). A complaint that does not comply with the conditions described above will not be accepted. The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact@manelparfums.com. The Products must be returned in their original packaging and in perfect condition within 48 hours from the notification of the withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer. He will be reimbursed for all the costs paid for placing the Order within 14 days following the Company's acknowledgement of his declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.

11. Transfer of risks and ownership

The Company retains ownership rights over the Products sold until full payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain the property of the Company as compensation. For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.

12. Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.217-4 of the Consumer Code: “The seller delivers 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, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.” Article L.217-5 of the Consumer Code: “The goods comply with the contract: 1° If they are suitable for the use usually expected of similar goods and, where applicable: if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted” Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make 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 given a lower price for it, if he had known them.” Any Product resold altered, modified or transformed is not covered by the guarantee. This is limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered. The Customer must inform the Company of the existence of the defects within two years. The Company will rectify Products deemed defective as far as possible. If the Company is found liable, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of the Products. The replacement of the Products does not extend the duration of the warranty.

13. Modifications

The Company reserves the right to modify the Site, the T&Cs/T&Cs as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed, the User is subject to the provisions set out in the T&Cs/T&Cs in force when the Order is placed.

14. Processing of personal data

Registration on the Site results in the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site. This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of his personal data by writing, by mail and providing proof of identity, to the following address: contact@manelparfums.com. This personal data is necessary for the processing of his Order and the establishment of his invoices where applicable, as well as for the improvement of the Site's functionalities.

15. Sharing of collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to their data to enable the Site to function properly. These third-party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for the processing of this data. Furthermore, the User may therefore be required to receive information or commercial offers from the Company or its partners. The User may at any time object to receiving these commercial offers by writing to the Company's address indicated above, or by clicking on the link provided for this purpose in the emails received. Furthermore, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following goals: comply with the law protect any person against serious bodily harm, or even death fight against fraud or attacks on the Company or its users protect the Company's property rights.

16. Data protection

The Company ensures a level of security appropriate and proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures do not constitute in any way a guarantee and do not commit the Company to an obligation of result concerning data security.

17. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a file called a "cookie" on the user's hard drive. The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of their browser. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this malfunction may in no case constitute damage for the member who will not be able to claim any compensation for this reason.

18. Liability

The Company may not be held liable in any way for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service permanently, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation. As previously mentioned herein, the Company may not be held liable in any way for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or for which the fault cannot be attributed to it.

19. Intellectual Property

The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

20. Jurisdiction clause The law governing the T&Cs/T&Cs is French law. Any dispute that may arise between the Company and a User during the execution of these terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.

21. Acceptance of the T&Cs/T&Cs

The Customer or User expressly accepts the T&Cs/T&Cs. The Customer declares that they are aware of them and waives the right to rely on any other document, in particular their own general terms and conditions of purchase. The Consumer acknowledges having been aware of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular: the essential characteristics of the Product; the price of the Products; the date or deadline within which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to legal and contractual guarantees and their terms of implementation; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (deadline, terms of exercise).

22. Contact details of the mediator

Mediator of the Commercial Court of Nanterre,