Terms of sale
1.Purpose
These Terms and Conditions of Sale, hereinafter the “T&Cs”, set out the conditions under which S&S, which operates the TELMA PARIS brand, sells its products to consumers through the website www.telmaparis.com, hereinafter the “Site”.
The applicable T&Cs are those in force and accessible at the time the order is placed.
2.Seller identification
S&S
SASU with a share capital of €1,000
60 rue François 1er
75008 Paris – France
SIREN: 938 698 206
SIRET: 938 698 206 00019
RCS Paris: 938 698 206
Intra-community VAT number: FR 39938698206
Email: contact@telmaparis.com
Telephone: 01 85 09 37 68
S&S operates the TELMA PARIS brand.
3.Acceptance of the T&Cs
Before finalizing an order, the customer may review these T&Cs.
Final confirmation of the order constitutes acceptance of the T&Cs applicable on that date.
S&S may amend these T&Cs.
Any subsequent amendment has no effect on orders already concluded.
4.Products
TELMA PARIS sells, in particular, linen fragrances.
The essential characteristics of each product are presented on the site before the order is confirmed. Depending on the product, the information may include, in particular:
- The volume.
- The description and olfactory notes.
- The directions for use.
- The recommended dosage.
- Precautions for use.
- The regulatory information shown on the label.
Photographs and depictions of the products are intended to present the products as accurately as possible. However, slight variations in shade or rendering may appear, in particular depending on the characteristics of the screen used.
The customer must use the products in accordance with the indications, instructions and precautions that accompany them.
5.Availability
Products are offered while stocks last.
If a product exceptionally becomes unavailable after the order has been confirmed, TELMA PARIS will inform the customer as soon as possible.
6.Prices
Prices displayed on the site are shown in euros, inclusive of all taxes (VAT included).
Any delivery costs are shown separately before the order is finally confirmed.
The applicable price is the one displayed at the time of the order.
S&S may change its prices for future orders.
Any price change has no effect on an order that has already been confirmed.
Promotional codes and commercial offers are subject to the conditions communicated when they are used and during their validity period.
7.Order process
The customer selects the products they wish to buy and adds them to their cart.
Before proceeding to payment, they can review and, where applicable, correct in particular:
- The products ordered.
- The quantities.
- Their contact details.
- Their delivery address.
- The delivery method.
- The applicable fees.
- The total order amount.
Final confirmation of the order creates an obligation to pay.
An electronic confirmation summarizing the order is then sent to the customer.
The customer is asked to check that the information in this confirmation is accurate.
8.Exceptional refusal of an order
S&S may refuse or suspend an order where a legitimate reason justifies it, in particular in the event of:
- Declined payment.
- Reasonable suspicion of fraud.
- Fraudulent use of an offer or a payment method.
- Quantities clearly incompatible with a consumer’s usual needs.
- Obviously inconsistent or insufficient information preventing the performance of the order.
Where sums have already been collected and the sale cannot be fulfilled, they are refunded in accordance with the applicable rules.
9.Payment
The available payment methods are shown when the order is placed.
Payment is processed through specialist, secure payment providers.
S&S does not retain the complete banking data that would allow the customer’s bank card to be used.
TELMA PARIS may suspend or cancel an order where the bank or payment provider refuses or blocks the transaction.
10.Delivery
The order is delivered to the address provided by the customer when placing the order.
The delivery methods offered, their rates and the available delivery times or estimates are shown during the order process.
The customer must ensure that the contact details provided are accurate and complete.
Detailed delivery arrangements are also available in the shipping and delivery policy accessible on the site.
Failing any indication or agreement as to a delivery date or period, S&S delivers the order without undue delay and no later than thirty (30) days after the contract is concluded.
11.Transfer of risk
Where the carrier is offered or chosen as part of the delivery service organized by TELMA PARIS, the risk of loss or damage to the products passes to the customer when they take physical possession of the products, either directly or through a third party designated by them other than the carrier.
12.Inspection upon delivery
The customer is asked to inspect the parcel and the products upon receipt.
In the event of visible damage, it is recommended:
- To state, where possible, specific reservations to the carrier.
- To keep the packaging.
- To photograph the parcel.
- To photograph the products concerned.
- To contact TELMA PARIS customer service promptly.
The absence of immediate reservations with the carrier does not deprive the consumer of the benefit of the statutory guarantees that apply to them.
13.Broken, leaking, damaged or incorrect product
If the Customer receives, in particular:
- A broken bottle.
- A leaking product.
- A damaged product.
- A reference different from the one ordered.
- A quantity different from the one ordered.
They are asked to contact TELMA PARIS customer service as soon as possible.
To enable the request to be processed, TELMA PARIS may ask for:
- The order number.
- A photograph of the transport label.
- As well as any information reasonably necessary to identify the problem.
This procedure does not limit the statutory guarantees to which the customer is entitled.
14.Right of withdrawal
Subject to the exceptions provided for by law, a consumer who makes a distance purchase has fourteen (14) days from receipt of the goods to exercise their right of withdrawal, without having to give a reason.
The customer may exercise their right of withdrawal:
- By using the model form at the end of these T&Cs.
- By any unambiguous statement expressing their wish to withdraw.
- Or by using the electronic withdrawal function made available on the site, in accordance with applicable regulations.
Where the withdrawal is made online, TELMA PARIS sends the customer, without delay, an acknowledgment of receipt on a durable medium.
The mere return of a parcel without a clear expression of the wish to withdraw is not sufficient to exercise the right of withdrawal.
15.Return of products
After communicating their decision to withdraw, the customer has a maximum of fourteen (14) days to return the products.
To arrange a return, the customer may submit a request from their customer account or contact TELMA PARIS customer service.
When processing the request, the customer may be asked to state the reason for the return and to confirm the condition of the product. Stating the reason is intended to facilitate the handling of the request and does not affect the consumer’s right to withdraw without having to justify their decision.
After the return request has been checked, the return procedure and a return slip are sent to the customer by email.
Products must be returned properly protected and, wherever possible, in their original packaging.
The customer may be held liable for any diminution in value of the product resulting from handling beyond what is necessary to establish its nature and characteristics.
The customer is advised to keep their proof of shipment and tracking number until the return has been definitively processed.
16.Return costs
Unless otherwise required by law or expressly announced by TELMA PARIS as covered by it, the direct costs of returning a product in the exercise of the right of withdrawal are borne by the customer.
Where the customer uses the return slip provided by TELMA PARIS, return fees of €4.90 are deducted from the amount refunded.
This provision does not apply under the same conditions where a product is defective, non-conforming, damaged in transit or sent in error.
17.Opened or used product
Exercising the right of withdrawal is not a commercial guarantee that allows a product to be used freely and then automatically refunded in full.
The consumer may be held liable for any diminution in value of the product where this results from handling beyond what is necessary to establish its nature and characteristics.
Any statutory exception to the right of withdrawal will only be applied where the conditions set by the regulations for invoking it are actually met.
18.Assessment of a scent
The perception of a scent is subjective.
The fact that, after receipt, a customer prefers another fragrance or feels that the product does not suit their personal taste does not, on its own, mean that the product is defective or non-conforming.
This provision removes neither the right of withdrawal, where applicable, nor the statutory guarantees to which the consumer is entitled.
19.Refund after withdrawal
Where the right of withdrawal is validly exercised, S&S refunds the customer the sums legally due, including the delivery costs corresponding to the standard delivery method offered, without undue delay and no later than fourteen (14) days from the date on which S&S is informed of the customer’s decision to withdraw.
Where the customer has expressly chosen a more expensive delivery method than the least expensive standard delivery method offered, the corresponding additional costs are not refunded.
S&S may defer the refund until the products have been recovered or until the customer provides proof of their shipment, whichever occurs first.
Where the return slip provided by TELMA PARIS is used, return fees of €4.90 are deducted from the refund.
The refund is made using the same payment method as that used by the customer for the initial transaction, unless the customer expressly agrees to the use of another payment method and provided that this solution incurs no additional cost for them.
A credit note or store credit cannot replace a refund to which the consumer is legally entitled without their agreement.
20.Commercial exchanges
S&S is not required to systematically arrange an exchange where the customer simply wishes to change reference or scent.
TELMA PARIS may nevertheless occasionally agree to an exchange on a commercial basis.
The applicable terms are then communicated to the customer.
This provision does not affect the customer’s right of withdrawal or statutory guarantees.
21.Legal warranties
The Customer benefits from the legal guarantee of conformity under the conditions set out in Articles L.217-1 to L.217-32 of the Consumer Code, as well as the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
For any request relating to the implementation of a legal guarantee, the customer may contact:
S&S – TELMA PARIS
60 rue François 1er
75008 Paris – France
Email: contact@telmaparis.com
Telephone: 01 85 09 37 68
Legal guarantee of conformity and guarantee against hidden defects
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the sales contract for the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the supply period provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity places an obligation on the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee. If the consumer requests repair of the goods but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods, or end the contract and obtain a full refund against return of the goods, if:
- 1° The professional refuses to repair or replace the goods.
- 2° The repair or replacement of the goods takes place after a period of thirty days.
- 3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods.
- 4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized with a view to their repair or replacement suspends the guarantee that remained to run until the repaired goods are delivered.
The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect.
This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund upon return of the goods.
22.Liability
S&S is responsible for performing its obligations in accordance with applicable law.
However, its liability cannot be engaged where the non-performance or defective performance results in particular from:
- An act attributable to the customer.
- An event with the characteristics of force majeure.
- Or any other situation in which an exemption is legally permitted.
The customer remains responsible for complying with the conditions of use, dosages and precautions provided with the products.
Nothing in these T&Cs shall have the effect of excluding or limiting any liability or right whose exclusion or limitation is prohibited by law.
23.Personal data
Personal data collected and used in connection with orders, the customer account and the commercial relationship is processed in accordance with the TELMA PARIS Privacy Policy available on the Site.
The customer is invited to read this policy to find out, in particular, the purposes of the processing, the retention periods and how to exercise their rights.
24.Customer service and complaints
For any question, request or complaint:
S&S – TELMA PARIS
60 rue François 1er
75008 Paris
France
Email: contact@telmaparis.com
Telephone: 01 85 09 37 68
25.Disputes – Consumer mediation
In the event of a dispute between the customer and S&S, which operates the TELMA PARIS brand, the parties will endeavor to resolve it amicably.
The customer will first send a written complaint to S&S – TELMA PARIS at the contact details given in Article 24 of these T&Cs.
Failing an amicable agreement, or if the professional does not respond within a reasonable period of one (1) month, a customer who is a consumer within the meaning of Article L.612-2 of the Consumer Code may refer the matter free of charge, if a disagreement persists, to the competent mediator listed on the list of mediators drawn up by the Consumer Mediation Evaluation and Monitoring Commission pursuant to Article L.615-1 of the Consumer Code, namely:
La Société Médiation Professionnelle
Alteritae
5 rue Salvaing
12000 Rodez
Website: www.mediateur-consommation-smp.fr
26.Governing law and disputes
These T&Cs are governed by French law.
The parties are encouraged to seek an amicable solution before any legal proceedings.
Failing an amicable resolution, the customer may bring the matter before the competent courts in accordance with the rules provided for by law.
MODEL WITHDRAWAL FORM
To be used only if you wish to notify your decision to withdraw from your order.
For the attention of:
S&S – TELMA PARIS
60 rue François 1er
75008 Paris
France
Email: contact@telmaparis.com
I hereby notify you of my decision to withdraw from the sale of the following product(s):
Product(s):
Order number:
Order date:
Date received:
First and last name:
Address:
Date:
Signature only if this form is sent on paper: