1 – SITE PRESENTATION
Pentalogies Parfums – 88135204100019 – 32 RUE DU PAS SAINT GEORGES 33000 BORDEAUX
Creator : Dorothée Duret
Publishing Lead: Dorothée Duret – firstname.lastname@example.org
Site developed by : Clémence KOBIERA – email@example.com
Host: OVH – 2 rue Kellermann – 59100 Roubaix – Francebr />
Photographer – Charlène Flores
Gwenaëlle Clement – Graphic Designer
Nose – Clementine Humeau
2. General terms and conditions of use of the website and the services offered.
This site is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by Pentalogies Parfums, which will then endeavor to inform users beforehand of the dates and times of the intervention.
https://www.pentalogiesparfums.com/ is updated regularly by Dorothee
3. Description of services provided.
The website https://www.pentalogiesparfums.com/ is intended to provide information on all the activities of the company. Pentalogies Parfums strives to provide the site with as accurate information as possible. However, it may not be held liable for any omissions, inaccuracies or deficiencies in the update, whether on its own account or on account of the third-party partners who provide it with this information. All the information provided on the www.pentalogiesparfums.com website is indicative and is subject to change. The information on www.pentalogiesparfums.com is not exhaustive. They are subject to changes that have been made since they were published online.
4. Contractual limitations on technical data.
The website may not be held responsible for material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free material and with an updated browser of the latest generation.
5. Intellectual property and counterfeiting.
Pentalogies Parfums owns the intellectual property rights or the rights of use on all the elements accessible on the site, including texts, images, graphics, logo, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, unless prior written authorization from: Pentalogies Parfums. Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of Liability.
Pentalogies Parfums shall not be liable for any direct or indirect damage caused to the User’s Materials when accessing the website www.pentalogiesparfums.com, and resulting either from the use of material not meeting the specifications indicated in point 4, or the appearance of a bug or incompatibility. Interactive spaces (possibility to ask questions in the contact area) are available to users. Pentalogies Parfums reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If applicable, Pentalogies Parfums also reserves the right to challenge the civil and/or criminal liability of the user, in particular in the event of a message of a racist, abusive, defamatory, or pornographic nature, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
In France, personal data are protected in particular by Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Penal Code, and the European Directive of 24 October 1995. When using the website www.pentalogiesparfums.com, the URL of the links through which the user accessed the site www.pentalogiesparfums.com, the user’s ISP, the Internet Protocol (IP) address may be collected of the user. In any event, Pentalogies Parfums collects personal information relating to the user only for the purpose of certain services offered by the website www.pentalogiesparfums.com. The user shall provide this information with full knowledge of the facts, in particular when entering it by himself. The user of the website www.pentalogiesparfums.comshall is informed of the obligation to provide this information. In accordance with the provisions of Articles 38 and following of Law 78-17 of 6 January 1978 on data processing, files, and freedoms, every user has the right to access, rectify and oppose personal data concerning him, by making it is written and signed request, accompanied by a copy of the document of identity with the signature of the holder of the document, specifying the address to which the reply must be sent. No personal information of the user of the website www.pentalogiesparfums.com is published without the user’s knowledge, exchanged, transferred, transferred, or sold on any medium to third parties. Only the assumption of the takeover of Pentalogies Parfums and its rights would allow the transmission of said information to the eventual purchaser who would in turn be bound by the same obligation to preserve and modify the data vis-à-vis the user of the site www.pentalogiesparfums.com . The databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hyperlinks and cookies.
The website www.pentalogiesparfums.com contains a number of hyperlinks to other sites, set up with the permission of Pentalogies Parfums. However, Pentalogies Parfums does not have the possibility to check the content of the sites so visited, and will therefore assume no responsibility for this fact. Browsing the website www.pentalogiesparfums.com may result in the installation of a cookie(s) on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of use. Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his computer as follows, to refuse the installation of cookies:
- Under Internet Explorer: Tool tab (cog pictogram in top right corner) / internet options. Click Privacy and choose Block All Cookies. Validate on Ok.
- Under Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally uncheck it to disable cookies.
- Under Safari: Click on the menu icon at the top right of the browser (symbolized by a cog). Select Settings. Click Show advanced settings. In the “Privacy” section, click Content settings. In the “Cookies” section, you can block cookies.
- Under Chrome: Click the top right of the browser on the menu icon (symbolized by three horizontal lines). Select Settings. Click Show advanced settings. In the “Privacy” section, click preferences. In the “Privacy” tab, you can block cookies.
9. Applicable law and jurisdiction
Any dispute relating to the use of the website www.pentalogiesparfums.com is subject to French law. The competent courts of Paris shall have exclusive jurisdiction.
10. The main laws involved.
Law No. 78-17 of 6 January 1978, notably amended by Law No. 2004-801 of 6 August 2004 on data processing, files and freedoms.
Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (known as “GTCS”) apply, without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller at www.pentalogiesparfums.com. The Products offered for sale on the site are the following:
Study 1.1 – La Vue: Eau de parfum 100ml
Study 1.2 – Hearing: Eau de parfum 100 ml
Study 1.3 – The Touch: Eau de parfum 100 ml
Study 1.4 – Le Gout: Eau de parfum 100 ml
Study 1.5 – L’Odorat: Eau de parfum 100 ml
Coﬀret 5 samples – Compass 1 coﬀret sample
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.pentalogiesparfums.com, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. The Product Locations are within the limits of available stocks, as specified when placing the order. These T&Cs are available at any time on www.pentalogiesparfums.com and will prevail over any other document.
The Customer declares that he has read and accepted these Terms and Conditions by ticking the box provided for in this eﬀand before the implementation of the online ordering procedure of the website www.pentalogiesparfums.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer. The Seller’s contact details are as follows:
PENTALOGIES PARFUMS , SARL Share capital of EUR 5000
Registered in the RCS of BORDEAUX, under number 881352041
32 RUE DU PAS SAINT GEORGES
Intra-Community VAT number FR65881352041
The Products presented on the website www.pentalogiesparfums.com are offered for sale in the following territories: EU, United Kingdom, America
In case of order to a country other than metropolitan France, the Customer is the importer of the Products concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated without taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be the sole responsibility of the Customer.
ARTICLE 2 – PRICES
The Products are provided at the rates in effect shown on the website www.pentalogiesparfums.com, when the Seller registers the order. The prices are expressed in Euros, excluding VAT. The rates shall take into account any reductions which may be granted by the Seller at www.pentalogiesparfums.com. These rates are firm and not reviewable during their validity period but the Seller reserves the right, out of validity period, to modify the prices at any time.
The prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the site, and calculated prior to the placing of the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is the Customer’s responsibility to select the Products he wishes to order on the website www.pentalogiesparfums.com, in accordance with the following terms:
1-The Buyer selects its products in the catalog of the website www.pentalogiesparfums.com His order is supported after validation of the following steps: 1- The Buyer must provide the requested contact details that are necessary for the proper processing of his order.
The Product Locations are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any error immediately. Any order placed on the website www.pentalogiesparfums.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer may follow the evolution of his order on the site. Any cancellation of the order by the Customer after its acceptance by the Seller will be possible only within 48H days at most after acceptance of the order by the Seller and as long as the delivery has not taken place (regardless of whether the statutory right of withdrawal applies).
ARTICLE 4 – TERMS OF PAYMENT
The price is paid by secure payment, according to the following terms: payment by credit card. For payment by credit card, the debit of the card is only debited at the time of dispatch of the order. Payment data are exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.pentalogiesparfums.com. Payments made by the Customer shall be considered as final only after effective collection by the Seller of the sums due. The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full to him in the above-mentioned conditions.
ARTICLE 5 – DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: EU, United Kingdom, and the United States. Deliveries take place within a maximum of 7 days at the address indicated by the Customer when ordering on the site. Delivery consists of the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the aforementioned deadlines. If the Products ordered have not been delivered within 14 days after the indicative date of delivery, for any reason other than force majeure or the Customer’s action, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of denunciation of the contract, excluding any compensation or withholding.
In the event of a special request from the Customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, on a quotation previously accepted in writing by the Customer. The Customer is required to check the status of the delivered products. It has a period of 14 from delivery to formulate complaints by mail, accompanied by all the supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be compliant and free from any apparent defects and no claim shall be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the Delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these Terms and Conditions.
The transfer of the risk of loss and damage relating to it will only be carried out when the Customer takes physical possession of the Products. The Products, therefore, travel at the Seller’s own risk, except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code ‘The consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone call or outside the establishment, without having to give reasons for his decision or
- bear costs other than those provided for in articles L. 221-23 to L. 221-25. The time limit referred to in the first subparagraph runs from the day on which:
1° The conclusion of the contract, for the service contracts and those mentioned in article L. 221-4;
2) Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for goods composed of lots or multiple parts delivered over a defined period of time, the period shall run from the date of receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the date of receipt of the first goods.” The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website or any other statement, unambiguous, expressing the wish to withdraw and in particular, by postal mail addressed to the Seller with the postal or e-mail address indicated in ARTICLE 1 of the GTCS. Returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing them to be commercialized in new conditions, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products are not included.
The costs of return remaining at the expense of the Customer. The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – LIABILITY OF THE SELLER – GUARANTEES
The Products supplied by the Seller benefit from:
the legal warranty of conformity, for defective, damaged or damaged Products or not corresponding to the order, the legal warranty against hidden defects arising from a defect of material, design or manufacture affecting the delivered products and rendering them unfit for use, Provisions relating to legal guarantees Article L217-4 of the French Consumer Code The seller is obliged to deliver goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It also responds to non-compliance resulting from packaging, assembly instructions or installation where the installation has been placed
- Article L217-5 of the French Consumer Code “Le bien est conforme au contrat:
1) If it is suitable for the customary use of a similar property and, if applicable:
– it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;
– if it presents the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is own
- any special use sought by the buyer, made known to the seller and accepted by the seller.”
Article L217-12 of the French Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the issue of the property.”
Article 1641 of the Civil Code.
- The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.” Article 1648 paragraph 1 of the Civil Code «The action resulting from the repulsive defects must be brought by the purchaser within a period of two years from the discovery of the defect.»
Article L217-16 of the French Consumer Code.
- Where the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty. This period shall run from the time of the buyer’s request for assistance or the provision for repair of the property in question, if such provision is subsequent to the request for assistance.”
In order to assert its rights, the Customer must inform the Seller, in writing (mail or mail), of the non-compliance of the Products or of the existence of hidden defects as of their discovery. Seller shall refund, replace or cause to be repaired any Products or parts under warranty that are found to be non-compliant or defective. The shipping costs will be refunded on the basis of the rate invoiced and the return costs will be refunded upon presentation of the proof.
The refunds, replacements or repairs of the Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days following the discovery by the Seller of the defect of conformity or the hidden defect. This refund may be made by bank transfer or cheque. The Seller cannot be held liable in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check, in case of misuse, use
- professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear on the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot be held responsible by the Seller. The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are not compliant or affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the website www.pentalogiesparfums.com are:
Order of Products:
When ordering Products by the Customer:
Name, surname, postal address, telephone number and e-mail address.
As part of the payment of the Products offered on the website www.pentalogiesparfums.com, the latter records data
financial related to the Customer/User’s bank account or credit card.
9.2 Recipients of personal data
Personal data are reserved for the sole use of the Seller and its employees. 9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection and Freedoms Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of treatment
Unless the Customer expressly consents, his personal data will not be used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organisational, technical, software and physical measures in the field of digital security to protect personal data against unauthorised alterations, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and User Rights
Pursuant to the regulations applicable to personal data, Customers and users of the website www.pentalogiesparfums.com have the following rights:
They may update or delete their data as follows:
by logging into his account, in the tabs he wants to delete.
They can delete their account by writing to the e-mail address indicated in article 9.3 «Data controller» They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 “Data Controller” If the personal data held by the Seller are inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 “Data Controller”
They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3
- Data controller» They may also request the portability of data held by the Seller to another provider.
Finally, they may object to the processing of their data by the Seller. These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The controller must reply within a maximum of one month. In case of refusal to grant the Customer’s request, the latter must be justified. The Customer is informed that in case of refusal, he may lodge a complaint with the CNIL (3 places de Fontenoy, 75007 PARIS) or refer it to a judicial authority. The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – INTELLECTUAL PROPERTY
The contents of www.pentalogiesparfums.com are the property of the Seller and its partners and are protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These Terms and Conditions and the operations resulting therefrom are governed by and subject to French law.
These GTCS are written in French. Where they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these Terms and Conditions.
The Client is informed that it may in any case resort to a conventional mediation, to existing sectoral mediation bodies, or to any alternative method of dispute settlement (conciliation, for example) in the event of a dispute.