GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
This page tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website (www.AETHERPARFUMS.com) (“Website”) to you.
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them, before ordering any products from our website. You may print and store a copy of these terms for your records. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our website.
We amend these terms from time to time as set out in clause 12 (Changes to these Terms). Every time you wish to order products, please check the terms to ensure you understand the terms which will apply at that time.
1. PRELIMINARY PROVISIONS
1.1 Identity of the Seller
The Website is owned and operated by AETHER PARFUM, a company registered in France with company number 512743204 whose registered office is at 18, rue Sainte Croix de La Bretonnerie 75004 Paris, France (“AETHER PARFUM”) and with VAT registration number FR35512743204.
1.2 Identity of the Purchaser
For the purposes of these terms, the term “Purchaser” means the person buying AETHER products on the Website. To be eligible to purchase AETHER products on the Website, the Purchaser must be an end-consumer (i.e. an individual, not acting as a retailer) being at least 18 years old.
By placing an order, the Purchaser agrees that:
• they are eligible to purchase AETHER products on the Website;
• the purchase of AETHER products on the Website is unrelated to any professional activity and is limited to personal use; and
• they will not resell or distribute the products purchased on the Website or any samples.
1.3 Information on the products
The images of the Products on the Website are for illustrative purposes only. Although AETHER PARFUM makes every effort to display the colours accurately, the AETHER products received may vary slightly from those images.
All AETHER products shown on the Website are subject to availability. AETHER / AETHER PARFUM will inform the Purchaser by e-mail as soon as possible if the AETHER Product ordered is not available.
AETHER / AETHER PARFUM reserves the right to add new products, remove products or chair their appearance or price at any time. In the absence of an error, the Information on the products and prices applicable to the order will be those appearing on the Website at the time the Purchaser confirms their order.
1.4 Customer Services
For any information, questions or advice on the order or the products, AETHER / AETHER PARFUM ’s Customer Service may be contacted:
• by telephone on +33 6 77 28 11 55
• through the Contact Form section of the Website
• by e-mail to the address: info@AETHERPARFUMS.com
• by post, writing to the following address: AETHER / AETHER PARFUM 18 rue Sainte Croix de la Bretonnerie, 75004 Paris, France.
2. THE ORDER
2.1 The various stages of the order are as follows:
2.1.1 Order on the Website
The Purchaser selects the product(s) of his/her choice and adds it/them under the heading “Your Basket”. He/she can check the details of the planned purchase and change them at any time.
The Purchaser must then validate his/her details, billing address, location and form of delivery and the selected payment method. Please take the time to read and check the order at each page of the order process.
As soon as the Purchaser confirms his/her order by clicking on the “Confirm your payment” icon, the Purchaser is considered to have confirmed the contents and conditions of the order, the prices, characteristics, quantities and delivery deadlines for the ordered products. The order cannot be amended after this point.
2.2 Order confirmation
After the order is placed, AETHER / AETHER PARFUM sends the Purchaser an e-mail summarising the terms and conditions of the order. Please note that this does not mean that the order has been accepted. AETHER / AETHER PARFUM’s acceptance of the order will take place when the products are dispatched for delivery.
The Purchaser may track the status of the order and download his/her invoice in the “Your Account” section on the Website.
Orders on the Website, including their cancellation can only be processed via the Website.
2.3 Unavailability of products
In the event of unavailability of a AETHER product after placing the order, the Purchaser shall be informed of the consequences to his/her order at latest by the time of delivery. Only the products which are dispatched will be invoiced.
2.4 Cancellation of the order
AETHER / AETHER PARFUM reserves the right to cancel any orders at its discretion including without limitation:
• where the products are unavailable;
• where the Purchaser orders more than four (10) products of one reference;
• where AETHER / AETHER PARFUM has reason to believe that the Purchaser does not comply with the eligibility criteria set out in these terms;
• where the information provided by the Purchaser is incomplete or inaccurate;
• where there is an event of default on payment or partial payment of amounts owed by the Purchaser; and
• where there are events beyond AETHER / AETHER PARFUM’s control as set out in clause 9 (Events outside AETHER / AETHER PARFUM ’s control).
The Purchaser may cancel his/her order by exercising his/her right of withdrawal under the conditions stipulated in clause 6 (Right of Cancellation).
The sale prices of AETHER products are indicated in Euros (EUR) with VAT included at the rate in effect on the day of the order and excluding delivery charges.
AETHER / AETHER PARFUM takes reasonable care to ensure that the prices of AETHER products are correct at the time when the relevant information was entered onto the system. However if AETHER PARFUM discover an error in the price of AETHER products ordered, AETHER PARFUM will notify the Purchaser of the correct price and if the Purchaser does not wish to purchase the AETHER products at that price, the order will be cancelled.
The delivery charges are as quoted on the Website from time to time.
4. PAYMENT CONDITIONS
Payment for AETHER products can be made using a debit card or credit card. AETHER / AETHER PARFUM accepts the following cards: Visa, Mastercard, American Express. Payment by PAYPAL or cheque is also accepted.
Payment for the Products and all applicable delivery charges is in advance. AETHER / AETHER PARFUM will not charge the Purchaser’s debit card or credit card until the order is dispatched.
The entire transaction shall be effected in encrypted mode and the banking data of the Purchaser shall not transit via the Website.
Any payment transactions carried out by AETHER / AETHER PARFUM or its chosen third-party provider of payment processing services will be encrypted. Although AETHER PARFUM will do its best to protect personal data, the transmission of data is at the Purchaser’s own risk.
5.1 Delivery procedures
When ordering, the Purchaser should choose the most convenient delivery method from amongst those proposed and, if required, should provide clear delivery instructions if the delivery address is difficult to locate or access.
5.2 Delivery deadlines
The delivery time of the AETHER products will depend on the option selected by the Purchaser when placing the order, within thirty (30) days except events outside AETHER PARFUM’s control. Any delivery dates are estimates only and AETHER PARFUM does not guarantee that delivery will occur on the given date.
If no one is available at the delivery address to take delivery, the delivery driver will leave a note and a phone number to contact in order to rearrange another delivery.If the Purchaser does not collect the products or does not take delivery of the AETHER products within a reasonable period and the order is returned to AETHER / AETHER PARFUM, AETHER PARFUM will be entitled to treat the order as having been cancelled and will refund the amount of the order.
5.3 Verification of the order on receipt
The Purchaser should check immediately the condition of the package upon delivery. If the Purchaser has any concerns regarding the condition of the package or if any products are missing from the order or are incorrect or faulty, the Purchaser should inform immediately the delivery driver and notify the concerns on the delivery slip or, if this is not possible, should notifyAETHER / AETHER PARFUM ’s Customer Service Team as soon as possible.
The AETHER products will be the Purchaser’s responsibility from the completion of delivery. The Purchaser will own the AETHER products once they have been delivered provided that AETHER /AETHER PARFUM has received payment in full, including all applicable delivery charges.
6. RIGHT OF CANCELLATION
6.1 Right of cancellation
The Purchaser has the right to cancel their order and withdraw from the contract without reason within the period of fourteen (14) days of the date of receipt of the order. If that fourteen (14) day period expires on a Saturday, a Sunday or a public holiday, the deadline will be extended until the following business day.
In order to exercise this right, the Purchaser shall, before the expiry of the fourteen (14) day deadline, inform AETHER / AETHER PARFUM of his/her desire to cancel the contract. This can be done in the following ways:
• sending a letter or e-mail addressed to AETHER / AETHER PARFUM ’s Customer Service Team and including the following information: name, postal address and, if available, the Purchaser’s telephone number, order number and e-mail address.
6.2 Return of Products
Where the Purchaser exercises their right to cancel, they must return the cancelled products to AETHER / AETHER PARFUM within fourteen (14) days of the date of cancellation. Unless the products are incorrect, mis-described or faulty at the time of delivery, the Purchaser will be responsible for the cost of returning the products to AETHER / AETHER PARFUM .
The products should be returned complete but not partial and in good condition, where possible in the original packaging. All returns should be sent to the following address: AETHER / AETHER PARFUM 18 rue Sainte Croix de la Bretonnerie, 75004 PARIS, France accompanied by a copy of the invoice.
For reasons of hygiene, cosmetic products (care products, perfumes, candles) must be returned intact, in good condition, in their complete and original packaging and in condition which is suitable resale. Opening these products will make them unsuitable for future resale.
If any free or multi-purchase discount products were included in the cancelled order, these must also be returned with the cancelled products.
The Purchaser should retain the proof of postage and provide it to AETHER PARFUM in the unlikely event that AETHER PARFUM does not receive the returned products.
The products should be returned in good condition and the Purchaser has a duty to take reasonable care of the goods.
6.3 Reimbursement following cancellation
AETHER PARFUM will refund to the Purchaser the amount paid for the cancelled products together with the delivery charges within 30 days of cancellation.
Refunds will only be made against the original debit card or credit card used.
7. OTHER RETURNS – DAMAGED, FAULTY, INCORRECT ITEMS
AETHER / AETHER PARFUM hopes that its Purchasers are very happy with the AETHER products. In the unlikely event that a Purchaser receives an incorrect, mis-described or faulty product, please contact AETHER / AETHER PARFUM ’s Customer Service Team and then return the product to AETHER / AETHER PARFUM 18 rue Sainte Croix de la Bretonnerie 75004 Paris, France. If AETHER PARFUM agrees that the products are incorrect, mis-described or faulty, the Purchaser will receive a full refund of the price of the AETHER product together with the applicable delivery charges and the costs the customer may have in returning them. Beyond that the customer shouldn’t have any costs that they could reasonably seek to recover.
AETHER / AETHER PARFUM only supplies products via the Website for domestic and private use. The Purchaser agrees not to use any products purchased from the AETHER Website for any commercial, business or re-sale purposes.
The Purchaser should ensure that they have read the label before using any AETHER products and comply with any instructions for using the AETHER products.
If AETHER / AETHER PARFUM fail to comply with these terms or is negligent, AETHER PARFUM will be responsible for any loss or damage which the Purchaser suffers that is a foreseeable result of AETHER / AETHER PARFUM ’s breach of these terms or its negligence, but will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of AETHER / AETHER PARFUM’s breach or if it were contemplated by both AETHER PARFUM and the Purchaser at the time the contract is entered into.
AETHER PARFUM does not in any way exclude or limit its liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or in any other circumstances which are not permitted by law.
In addition to the rights set out in these terms, as a consumer the Purchaser will have legal rights in relation to AETHER products that are faulty or not as described. Advice about consumer rights is available from the Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9. EVENTS OUTSIDE AETHER PARFUM’S CONTROL
AETHER PARFUM will not be liable or responsible for any failure to perform, or delay in performance of, any of AETHER PARFUM’s obligations under its contract with the Purchaser that is caused by events outside of AETHER PARFUM’s reasonable control.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If AETHER PARFUM fail to insist that the Purchaser perform any of its obligations under these terms, or if AETHER PARFUM do not enforce its rights against the Purchaser, or delays in doing so, that will not mean that AETHER PARFUM has waived its rights against the Purchaser and will not mean that the Purchaser does not have to comply with those obligations.
These terms are governed by French law. This means that the contract for the purchase of AETHER products through the Website and any dispute or claim arising out of or in connection with it will be governed by French law. The Purchaser and AETHER PARFUM agree that the courts of Paris will have non-exclusive jurisdiction.
11. USE OF THE WEBSITE AND USE OF PERSONAL INFORMATION
The Purchaser’s use of the Website is governed by the terms set out in the Legal Notice page.
The Purchaser should take time to read these documents as they contain important terms which apply to the Purchaser.
12. CHANGES TO THESE TERMS
AETHER PARFUM may revise these terms and conditions from time to time including without limitation in the following circumstances:
• to make changes to the order and delivery process;
• to make changes to the way in which payment is accepted;
• to reflect changes in relevant laws and regulatory requirements.
Every time a Purchaser places an Order for AETHER products, the terms in force at that time will apply to the contract between AETHER PARFUM and the Purchaser.