1 – IDENTIFICATION OF THE PARTIES

1.1 NOSE

1.1.1. The website www.noseparis.com (hereinafter referred to as “Website”) is owned and operated by the company NOSE, a limited company (“Société par actions simplifiée”, abbr. S.A.S) with a capital of 131 463,20 euros, whose headquarter is located at 20, rue Bachaumont, 75002 Paris (France). The company is registered under the number 534 386 818 at the Registry of Businesses and Companies (R.C.S.) in Paris. Intra-community Valued Added Tax number FR: 47534386818. Telephone: +33 (0)1 40 26 46 03. 

1.1.2. The Website is hosted by the following companies:

  • OXEVA, a simplified joint-stock company with a capital of 86 852,70 euros, registered under the number 481 681 724 at the Registry of Businesses and Companies (R.C.S.) in Paris, whose headquarters are located at 5 Rue de la Terrasse, 75017 Paris (France). You may contact the host by writing to the abovementioned address or by telephone + 33 (0)1 80 05 97 30.
  • OVH, a simplified joint-stock company with a capital of 10 069 020 euros, registered under the number 424 761 419 00045 at the Registry of Businesses and Companies (R.C.S.) in the Metropolis of Lille, whose headquarters are located at 2, rue Kellermann, 59100 Roubaix (France). You may contact the host by writing to the abovementioned address or by telephone + 33 (0) 9 72 10 10 07.

1.2 The Customer

1.2.1. The products offered for sale by the company NOSE are intended for purchase by non-professional customers as the end consumer. As defined by the preliminary article in the French Consumer Code, the consumer is:

“any natural person who is acting for purposes that are outside the framework of their trade, business, craft or profession”.  

1.2.2. Consequently, and prior to placing an order, the Customer declares that their purchase from the Website is unrelated to any professional activity and is limited to personal or family use. NOSE reserves the right to refuse any product order that does not clearly correspond to a retail purchase.

1.2.3. Furthermore, and prior to placing an order, the Customer declares having the full legal capacity to engage in a sales contract and thereby also to be liable to pay the price of the order.  

2 – GENERAL PROVISIONS REGARDING THE PRESENT TERMS AND CONDITIONS OF SALES

2.1 Purpose

2.1.1. The purpose of the Terms and Conditions of Sales is primarily to inform the Customer about the terms and conditions regulating the order, sale and delivery of the products offered for sale on the Website. Furthermore, the Terms and Conditions regulate the rights and obligations of the respective parties related to the transaction of products purchased by the Customer on the Website.

2.1.2. Before confirming an order, the Customer must read and accept the Terms and Conditions of Sales. Consequently, through the act of ordering of a product on the Website the Customer confirms having read, understood and agreed to the present Terms and Conditions without reserve or limitations. NOSE encourages the Customer to carefully read the contractual terms described within the Terms and Conditions of Sales. The Customer should be aware of the Terms and Conditions before placing an order. The Terms and Conditions can be accessed through the Website’s “Help” section by clicking on “Terms and Conditions of Sales”, situated at the bottom of every page of the Website. The Customer may also contact NOSE by telephone +33 (0) 1 40 26 46 03, by email at info@noseparis.com or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France), for any inquiries regarding the Terms and Conditions of Sales.

2.1.3. The Terms and Conditions of Sales are supplemented by the Terms and Conditions of Use (https://noseparis.com/en/conditions-generales-d-utilisation) and the terms regarding the protection of the Customer’s personal information (https://noseparis.com/en/privacy) which may be accessed through the Website’s “Help” section by clicking on “Terms and Conditions of Use” , “Privacy”and “Cookies”, situated at the bottom of every page of the Website.

2.2 Scope

2.2.1. The Terms and Conditions of Sales apply without limitation and reserve to all sales of any product proposed by NOSE on its Website. The Customer consents to having been informed that by placing an order on the Website they are required to pay the order in full.

2.2.2. The Terms and Conditions of Sales apply exclusively to the remote sale of products offered on the Website. The Website is accessible free of charge and is open to all Internet users. The application of the present Terms and Conditions exclude all other dispositions, such as the Terms and Conditions that are applicable to sales through the NOSE store.

2.2.3. Due to the specific nature of certain products, especially those containing alcohol, NOSE can only deliver to countries that are covered by road transport through The French Postal Service and their partners. As a consequence, the Terms and Conditions of Sales are only applicable to products delivered to Customers in Metropolitan France, in Corsica, in Monaco, in the countries within the European Union except Cyprus and Malta, and in the following countries: Liechtenstein, Norway, Switzerland. Areas that belong to EU countries but that are situated outside the European geographical zone, such as France’s overseas departments and territories, may not receive deliveries.

2.3 Modifications

2.3.1. The Customer is informed that NOSE withholds the right to modify or update the present Terms and Conditions of Sales at any moment.

2.3.2. On the occasion of such modifications, the Terms and Conditions of Sales will be enforceable from the moment they are published online. As a consequence, the modified Terms and Conditions do not apply to sales contracts that have been concluded prior to their publication. Hence, the enforceable Terms and Conditions of Sales are those that appear on the Website at the moment of placing an order. By confirming an order the Customer complies with the Terms and Conditions in their present form and the Customer should be familiar with said terms and conditions prior to placing the order.

3 – PRODUCTS

3.1 Product characteristics

3.1.1. The Customer may obtain a detailed description of each product offered for sale by NOSE on the Website by clicking on the product. In accordance with the article L. 111-1 of the French Consumer Code the Customer may take note of the essential characteristics of the products they wish to purchase before placing an order. The product descriptions are written in French and in English. The Customer may also contact NOSE by telephone +33 (0) 1 40 26 46 03, by email at info@noseparis.com or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France), for any inquiries regarding the products.

3.1.2. The Customer may also consult the “FAQ: Frequent Questions”, and “Magazine” sections, which primarily deal with topics of perfumery and cosmetics and propose additional information regarding products within these sectors.

3.2 Product availability

3.2.1 The products that are offered for sale on the Website are subject to stock availability by NOSE and/or its suppliers. However, NOSE does not have the faculty to sell certain products outside the European Union. Any order including those products for any delivery outside the territory of the European Union will not be accepted.

3.2.2 If it turns out that the product ordered by the Customer is no longer available, NOSE will inform the Customer as soon as possible by e-mail and will cancel the order or pre-order, if the unavailability of the product continues for a period of thirty (30) days . The Customer will be fully reimbursed for the price of the unavailable product as well as any delivery charges paid for the unavailable product within 14 (fourteen) days of the payment of the cancellation of the order or the pre-order. However, if only part of the products ordered by the Customer is unavailable, the Customer will not be reimbursed for delivery charges paid for the products available and delivered. This option of NOSE does not prevent the Customer from exercising his right of withdrawal as described in Article 10 of the General Conditions of Sale.

3.2.3 The Customer may also request to be informed concerning the return of the unavailable products. To do this, the Customer must register his email. NOSE will then send an email to the Customer, within approximately 48 hours (working days), indicating the date when the product will be available again. Once the product is available, NOSE will send another email in order to inform the Customer.

3.2.4 NOSE reserves the right to modify the catalogue of products offered for sale on its Website. Orders placed by the Customer prior to the modifications will not be affected.

3.3 Product conformity

 The products that are sold on the Website are in conformity with existing French legislation at the time that they are offered for sale.

4 – SAMPLES

4.1. The Customer may order certain perfume and cosmetics samples from the Website. These samples are free of charge for the Customer. The Customer must nonetheless pay for preparation and packaging costs, as well as for delivery fees where these apply.

4.2. NOSE reserves the right to cancel any sample order that deviate from a usage destined to simply discover the sampled products. Consequently, NOSE reserves the right to cancel any order that exceeds a number of:

(i) 2 (two) samples of the same product; or

(ii) 10 (ten) samples of different products. 

4.3 The sample orders are subject to all the provisions within the present Terms and Conditions of Sales.

4.4 When a minimum order is reached, NOSE gifts the Customer with samples, according to the following limits:

(i) For an order for which the total amount, excluding possible delivery costs and once any promotional benefits are deducted, is greater than or equal to 80 (eighty) euros including taxes, the Customer will receive 3 free samples;

(ii) For an order whose total amount, excluding any delivery costs and once any promotional benefits are deducted, is greater than or equal to 160 (one hundred and sixty) euros including tax, the Customer will receive 6 free samples;

5 – PRICING

5.1 Sales prices

5.1.1. The selling prices of the products are shown on the Site by clicking on each of them. In accordance with Article L. 112-1 of the French Consumer Code, all prices indicated on the Site are displayed in euros (€), excluding any contribution to the payment of delivery costs. These delivery costs, and where applicable taxes, customs clearance fees and other applicable charges, are indicated to the Customer: 

(i) at https://noseparis.com/fr/shipping; 

(ii) at the bottom of each page of the Site by clicking on "Delivery Methods", then selecting the country of delivery of the order; 

(iii) before the validation of the order. 

They vary according to the amount of the order, the weight or volume of certain products, the delivery method selected and/or the destination country. Where applicable, they are invoiced in addition to the price.

5.1.2. If the Customer wishes to be delivered in France, the prices are displayed including the Value Added Tax (VAT). If the Customer wishes to be delivered in a member state of the European Union other than France, the prices are displayed including Value Added Tax (VAT) or excluding VAT, depending on the tax system applicable to the destination country. 

5.1.3. If the Customer wishes to be delivered in the United Kingdom, the prices are displayed including Value Added Tax (VAT), customs taxes and "Brexit Costs". The amount of the "Brexit fee" varies according to the total amount of the order and the delivery method selected, as it depends on the carrier. Details of customs taxes and Brexit Costs are available at https://noseparis.com/fr/shipping, from the bottom of each page of the Site by clicking on "Delivery Methods" and then selecting "United Kingdom", and in Annex 3.2 of these GTC. If necessary, NOSE invites the Client to contact the local authorities of the country of destination of the order to find out how to pay Value Added Tax (VAT) and customs taxes, or to contact NOSE at +33 (0) 1 40 26 46 03 or by email at info@noseparis.com.

5.1.4. If the Customer wishes to be delivered outside the European Union, the prices are always displayed excluding Value Added Tax (VAT), customs taxes or other specific applicable charges due to the legislation of the country of importation, except for deliveries to DDP countries (please refer to Article 9.2 and Appendix 3.1 of these GTC). Outside the DDP countries, the Customer is responsible for paying any Value Added Tax (VAT), customs duties or other specific charges applicable to the delivery of the order to the local authorities. If the carrier has previously paid the Value Added Tax (VAT), customs taxes or other specific applicable fees, the Customer shall be obliged to reimburse the carrier, upon proof, the total corresponding amount. In any case, the Client acknowledges that he/she is informed that NOSE cannot be considered liable for Value Added Tax (VAT), customs taxes, or specific applicable fees. NOSE invites the Client to contact the local authorities of the country of destination of the order for information on how to pay applicable customs duties or to contact NOSE at +33 (0) 1 40 26 46 03 or by email at info@noseparis.com.

5.1.5. The total amount due by the Customer, excluding delivery charges, Value Added Tax (VAT), customs taxes and/or specific applicable fees, is indicated before he/she finally validates his/her order, once in the "Shopping Cart" section. Then, after having clicked on "Order with payment obligation" and provided the information necessary for the processing of the order, in the "Verification" section, including this time the possible delivery charges. 

5.2 Current prices and changes 

5.2.1 The selling prices in effect are those displayed on the Site on the day of the order. 

5.2.2 NOSE reserves the right to modify its prices at any time, while guaranteeing the application of the price in effect at the time of the order, subject to the availability of the product in stock at the time of the order. Thus, in the event that the pre-order is cancelled due to a prolonged out-of-stock condition of the product under the terms of Article 3.2.2, the Customer who proceeds to a new order of the product does so at the price displayed on the day of the new order.

6 – ORDER

6.1 Order process

6.1.1 To place and complete an order, the Customer must log in to their personal NOSE account. If the Customer has yet to create an account, they must create a personal NOSE account before placing an order. The terms regarding the creation of a personal NOSE account are described within the Terms and Conditions of Use of the Website (https://noseparis.com/en/conditions-generales-d-utilisation). Further, the Customer should take notice of the terms regarding the protection of the Customer’s personal information (https://noseparis.com/en/privacy).

6.1.2 The Customer places the order on the Website. The Customer can choose the products they wish to purchase by clicking on “Add to Cart”. After adding the products the customer may choose “Continue Shopping” or “Cart & Checkout”.

6.1.3 All of the selected products are gathered in “My Cart”. By clicking on “My Cart” the Customer can verify the details of their order and the total price excluding delivery fees. The Customer may also consult the Terms and Conditions of Sales, modify their order through the “My Cart” section and return to previous pages using their web browser. 

6.1.4 While in the “My Cart” section, the Customer may:

 (i) gain “Credits” by inviting friends and family to perform their own olfactive diagnosis. For every accepted invitation and olfactive diagnosis performed by the invitees, the Customer gains one credit. The Customer may subsequently use the gained credit to receive perfume samples free of charge. The number or samples is limited to 15 (fifteen) per year.

 (ii) enter a “Discount or Coupon Code” that the Customer has previously received by email at the purchase of a sample kit of 5 (five) samples. By entering the code in the appropriate field the Customer will receive a 12 (twelve) euro discount on the price of a product from the Website when placing their first order. The discount cannot be applied to samples. The Customer may not accumulate several coupon codes for the same order. Further, the Customer may not redeem a “Coupon Code” while using a “Gift Card balance” or a “Gift Card” to place an order.

 (iii) use a “Gift Card balance” that is associated with the Customer’s personal NOSE account by checking the box “Use my Gift Card balance” or by activating a “Gift Card”. If the Customer is the beneficiary of a “Gift Card” they can activate the card by entering the code in the appropriate field.  Using a “Gift Card balance” or activating a “Gift Card” automatically deducts the associated amount from the total price of the order. The Customer may combine their “Gift Card balance” with one or several “Gift Cards” within the same order.

6.1.5 After having verified the content of the “Shopping Cart”, the Customer may click on the icon “Proceed to Checkout”. The Customer will be asked to enter billing, delivery and payment information, which is necessary for processing the order. After having submitted the necessary information the Customer will be redirected to the “Order Review”, which summarizes the ordered products, the total price including Valued Added Tax, and delivery fees in cases where these apply. The order will be final when the Customer accepts the Terms and Conditions of Sales by clicking on “Place Order”. Through this action the Customer accepts to be legally bound by the sales contract established with NOSE. The act of confirming an order entails the Customer’s full and unreserved acceptation of the details of the sales contract, the Terms and Conditions of Sales and the Terms and Conditions of Use of the Website.  

6.1.6 NOSE confirms the order by sending an email to the email address provided by the Customer. The email contains the purchased order and a link to the Terms and Conditions of Sales. A second email will be sent to the same email address when the order is being dispatched. For these purposes, it is important that the Customer provides a valid and correct email. 

6.1.7 In the event that a product is not available, the Customer has the option of pre-ordering it on the website. To do this, the Customer orders the product under the same conditions as if the product were available (see Articles 6.1.1 to 6.1.5). NOSE then sends an email within 24 hours (working days) and indicates the dates when the ordered product(s) will be available and when it or they will be shipped. Once the product is available again, the order is shipped and some emails are sent out as part of a normal order (see article 6.1.6).

6.2 Order cancellation

 6.2.1 If the Customer wishes to cancel their order, they may do so following the steps described for the withdrawal process in article 10 “WITHDRAWAL” in the Terms and Conditions of Sales.

6.2.2 In the event that an order is placed with a bank card whose status is "3D attempt" or "3D not enrolled", and / or the country of delivery does not correspond to the country of the bank card used for the payment, NOSE has the right to request the confirmation of receipt of an amount between 0 and 1 euros credited by NOSE, which must then be cleared, on the account associated to the card used for the payment.

6.2.3 NOSE reserves the right to suspend or cancel the processing of any order in cases of failure to complete the full payment of the order, and for fraud or attempted fraud, and failure to withdraw a delivered order or "Pickup" within the contractual deadlines (see Article 9.6), including when committed during a previous order.

6.3 Archiving and proof

6.3.1 Pursuant to article 1348 of the French Civil Code, the archiving of communications, orders and invoices is carried out by NOSE on a reliable and durable storage media so as to constitute a faithful and lasting copy of the abovementioned elements.

6.3.2 NOSE encourages the Customer to keep a copy of the elements pertaining to their order and the delivery of said order on a reliable and durable storage media, in either a paper or a digital version.

7 – PAYMENT

7.1 Obligation to pay

 As previously stated, the action of confirming an order obliges the Customer to pay the price of the ordered products and the related delivery fees where these apply. The Customer declares and guarantees to NOSE that they have the necessary means and authority to use the applied payment method.

7.2 Payment terms

 7.2.1 The payment methods that are accepted on the Website are shown in the “My Cart” section. Orders can only be paid by bankcard or by ther intermediary of the Paypal Customer account.

 7.2.2 NOSE only accepts card issued by VISA, MasterCard and American Express. The payment card must be issued by a banking or financial establishment located within the European Union, Monaco or validated by Nose. Any bank fees and commissions are borne by the Customer, without exception. The bankcard payment is carried out using a secured website named MERCANET, held by the banking establishment BNP PARIBAS. This website uses the 3D SECURE bank security protocol. The Customer may be redirected to their bank’s authentication page, depending on their bank affiliation, in order to confirm their payment.

 7.2.3 The Customer may also use the “Gift Card balance” associated with their personal NOSE account or activate a “Gift Card” of which they are the beneficiary to pay for a part of the order amount or the amount in full, depending on the available “Gift Card balance” or “Gift Card” amount. Such payment is regulated by the terms described in the article 6.1.4 (iii) hereinabove. If the available “Gift Card balance” or “Gift Card” amount is insufficient for the full payment of the order, the exceeding amount shall be paid by the Customer according to the terms described in the article 7.2.1 of the Terms and Conditions of Sales.

7.2.4 Any gift cards obtained by the Customer in the physical NOSE store may be use to pay for orders on the Website.

7.2.5 The use of gift cards to pay the price of the order is not taken into account in the amount allowing to obtain free delivery and/or free samples.

8 – OWNERSHIP RESERVE

All ordered products remain NOSE’s property until the Customer has completed the full payment of the products including taxes.

9 – DELIVERY AND RECEPTION

9.1  Place of delivery

9.1.1. The delivery of ordered products will take place after the payment of the order, to the address provided by the Customer. To this end, the Customer must provide NOSE with a valid and exact delivery address.

9.1.2 Any change to the delivery address indicated on the order must be indicated by the Customer in writing. It will be under the Customer’s full responsibility. In the event that the delivery costs resulting from the address change are higher than those originally paid by the Customer, NOSE will inform the Customer. Nevertheless, NOSE will be required to apply the address change only if that is still reasonably possible at the time of the notification. 

9.2  Shipping fees

Details of delivery charges are available at https://noseparis.com/fr/shipping, as well as at the bottom of each page of the Site, by clicking on "Delivery methods" and selecting the country of delivery of the order.

DDP COUNTRY SPECIFICS

Specific delivery terms apply to the following destination countries (the "DDP Countries"):

- Saudi Arabia
- Bahrain
- Canada
- South Korea
- United Arab Emirates
- Hong Kong
- Israel
- Kuwait
- Oman
- United Kingdom
- Singapore.

These specific conditions are described in Article 9.3.1 and in Appendix 3.1 and 3.2 of the GTC.

9.3  Terms of delivery

9.3.1 Before confirming its order, the Customer chooses the delivery method it wishes from among the five methods listed below.

DDP COUNTRY SPECIFICS

In DDP Countries, with the exception of the United Kingdom (please refer to Annex 3.1), the only available delivery methods are:

- For sample orders: delivery by Priority Mail;
- For product orders: delivery by DHL only.

Store Pickup

The Customer may choose to pick up their order from the NOSE store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public and bank holidays. Prior to pickup, the Customer will receive an email from NOSE to inform them that the order is ready. NOSE hereby informs the Customer that they must present valid identification papers to withdraw the order from the store.

Courier Delivery 

Courier delivery is carried out by the company Deliver.ee. It is carried out without a tracking number and with hand delivery directly to the Customer. Beforehand, the Customer is required to confirm by telephone or email to NOSE his postal address and provide all the information necessary for the delivery of the order, as well as the delivery time slot. Subject to this reservation, delivery generally takes place within two (2) hours from the moment the order is deemed to have been validated and prepared. On the day of delivery, NOSE contacts the Customer to confirm the delivery instructions and terms (detailed address, date and time slot during which delivery will be made).

In order to guarantee the integrity of the delivered order, the order is, before being handed over to the Courier, prepared and checked by NOSE (references and quantities). On this occasion, NOSE places the ordered products into a NOSE bag which is then closed with staples and / or sealed with "vinyl" stickers on which the NOSE logo is affixed. The bag thus prepared is weighed by NOSE and its weight is entered on the Deliver.ee platform before being handed over to the Courier.

Products of the same order are subject to a single delivery service.

NOSE also informs the Customer that:

(i) only the person who made the order or, if not available, a person authorized and identified by the Customer during the call, is authorized to take delivery,

(ii) the ordered products are sealed with staples and/or « vinyl » stickers; otherwise, the delivery must be immediately refused by the Customer,

(iii) it is up to the Customer to check the content of the delivery and to check the conformity and the absence of visible defects of the products delivered after the order.

Delivery by Tracking Letter

The delivery by Tracked Letter is carried out by the company La Poste SA. It is carried out with a tracking number, but without delivery against signature by the Customer. This shipping method is available exclusively for sending samples ordered on the Site. Delivery takes place within 3 to 11 working days, depending on the destination.

NOSE draws the Customer's attention to the fact that for certain destinations (eg Romania, Scandinavian countries, Baltic States, Balkans, South America including Chile, South Korea, India, etc.) detailed in the “Shipping Methods”, the delivery times by Tracked Letter may vary for exceptional reasons up to 30 working days (eg sporadic delivery, constraints resulting from restrictions linked to the COVID-19 pandemic, etc.).

Delivery by Colissimo

Delivery by Colissimo is carried out by La Poste SA. It is carried out with a tracking number regardless of the destination and, in France only, with delivery against the Customer's signature (except for constraints resulting from restrictions related to the COVID-19 pandemic or various reasons given by the carrier).

Delivery takes place:

(i) in mainland France, Corsica and Monaco within 48 working hours,

(ii) within 8 (eight) working days in the European Union, Monaco, Switzerland, and the United Kingdom,

(iii) within 12 (twelve) working days in any other country,

from the date on which the preparation of the order by NOSE is finalized and confirmed to the Customer by sending an email.

NOSE draws the Customer's attention to the fact that for certain destinations (eg Romania, Scandinavian countries, Baltic States, Balkans, South America including Chile, South Korea, India, etc.) detailed in the Shipping Methods, Colissimo delivery times may vary for exceptional reasons up to 30 working days (eg sporadic delivery, constraints resulting from restrictions linked to the COVID-19 pandemic).

Delivery by Colissimo is offered by NOSE for any order over 66.66 (sixty-six point sixty-six) euros excluding taxes to Member States of the European Union.

SPECIFIC TERMS FOR DELIVERY BY COLISSIMO

Some products whose volume or weight exceeds the limits of a package considered "standard" by the carrier may result in higher transportation costs and therefore the application by the carrier of a specific rate called "volumetric weight surcharge" of 5€, 10€ or 20€, depending on the products and/or orders. The Customer is invited to refer to the page https ://noseparis.com/en/shipping to consult the complete list of Products concerned. These volumetric weight surcharges apply regardless of the country of destination of the delivery and are payable by the Customer, including when the delivery charges are offered by NOSE.

TERMS OF FREE DELIVERY BY COLISSIMO

Delivery charges by Colissimo for the delivery of the order are offered by NOSE:

(i) in France, for any order over 80 euros (Value Added Tax (VAT) included);

(ii) in European Union countries other than France, for any order over 66.66 euros excluding tax (HT);

(iii) in countries other than members of the European Union, depending on the price of the order, according to the terms specified in the "Delivery Methods" section, by selecting the country of delivery.

The free delivery only concerns the standard delivery costs of the order invoiced by the carrier. The Customer remains solely responsible for payment, depending on the destination country and the characteristics of the order: 

(i) the volumetric weight surcharge ; 

(ii) for orders destined for European Union member countries other than France, the taxes referred to in article 5.1.2 of these GTC; 

(iii) for orders destined for the United Kingdom or countries other than members of the European Union, the taxes referred to in articles 5.1.3 and 5.1.4 of these GTC.

Delivery by DHL

Delivery by DHL is carried out by the company DHL International Express (France) SAS. It is carried out with a tracking number and delivered against the Customer's signature. 

Delivery is made in the countries, under the conditions and within the times indicated on the page https ://noseparis.com/en/shipping, also accessible under the link "Delivery methods", displayed at the bottom of each page of the Site. This page completes the General Terms of Sale.

SPECIFIC TERMS AND CONDITIONS FOR DELIVERY BY DHL

All deliveries made by DHL involve the payment of specific fees related to the transport of hazardous materials (so-called "DGD fees"), in the amount of 5 euros per order. These DGD charges apply regardless of the country of destination of the delivery and are payable by the Customer, including when delivery charges are offered by NOSE.

Some products whose volume or weight exceeds the limits of a package considered "standard" by the carrier may result in higher transportation costs and therefore the application by the carrier of a specific rate called "volumetric weight surcharge" of 5€, 10€ or 20€. The Customer is invited to refer to the page https://noseparis.com/fr/shipping to consult the complete list of Products concerned. These volumetric weight surcharges apply regardless of the country of destination of the delivery and are payable by the Customer, including when the delivery costs are offered by NOSE.

DHL FREE SHIPPING TERMS

Delivery charges by DHL for the delivery of the order are offered by NOSE:

(i) in France, for any order over 160 euros (Value Added Tax (VAT) included);

(ii) in European Union countries other than France, for any order over 130 euros (excluding VAT);

(iii) in countries other than members of the European Union, depending on the price of the order, according to the terms specified in the "Delivery Methods" section, by selecting the country of delivery.

The free delivery only concerns the standard delivery costs of the order invoiced by the carrier. The Customer remains solely responsible for payment, depending on the destination country and the characteristics of the order:

(i) DGD and/or volumetric weight surcharge charges;

(ii) for orders destined for European Union member countries other than France, the taxes referred to in article 5.1.2 of these GTC;

(iii) for orders destined for the United Kingdom or countries other than members of the European Union, the taxes referred to in articles 5.1.3 and 5.1.4 of these GTC.

Delivery by DHL is taken in charge by NOSE for any order above 133.33 euros excluding VAT for the majority of the Member States of the European Union. The modalities for free shipping by DHL are explained more broadly on the Shipping Methods page of the Site, detailing the delivery fees per country. They are also listed in the general conditions of sale and are accessible at the bottom of each page of the Site by clicking on Shipping Methods.

9.3.2 When the Customer chooses delivery by Tracking Letter, Colissimo or DHL, NOSE communicates the tracking number to the Customer by email. With this number the Customer can track the transport and delivery of the parcel.

9.3.3 The deliveries by Colissimo or DHL that take place outside of Metropolitan France are likely to be carried out by the local partners of the company La Poste SA. Consequently, the terms of delivery may vary from a country to another. In such instances, the Customer may obtain additional information from the postal service and local transporters, or by contacting NOSE by telephone +33 (0) 1 40 26 46 03 or by email at the address info@noseparis.com.

9.3.4 If the Customer asks the delivery company to proceed with the delivery of his or her order without requiring a signature, or with the signature of a third party, the Customer will assume all the consequences and will be solely responsible for the products.

9.4  Delay of failure of delivery                         

9.4.1 In the event of force majeure that has the effect of delaying delivery, the delivery times described in the article 9.3 of the Terms and Conditions of Sales will be suspended automatically. NOSE will keep the Customer informed, within a reasonable timeframe, of any such events that are likely to perturb the delivery process of ordered products.

 9.4.2 The Customer may request the cancellation of their order according to the provisions of article L. 216-2 of the French Consumer Code if the delivery has not taken place within the timeframes described in the article 9.3 of the Terms and Conditions of Sale, except when they delay is due to force majeure or fault of the Customer, and according to the following terms:

 (i) the Customer must give formal notice to NOSE with a request of delivery according to the said terms of delivery. If the delivery has yet to take place within a reasonable, additional timeframe, the sale will be cancelled without further legal formalities;

 (ii) if the Customer demonstrates that the delivery time frame was an essential condition of the contract, they may immediately cancel their order.

To exercise either of the abovementioned rights the Customer must send a registered letter with advice of delivery to 20, rue Bachaumont, 75002 Paris (France) or an email to the address info@noseparis.com. NOSE will provide a full refund of the order amount including delivery fees within a period of 14 (fourteen) days following the date of reception of the Customer’s letter or email. If the delivery should take place in the meantime or at a later time, the Customer must return the parcel to NOSE. The redirection costs paid by the Customer will also be reimbursed by NOSE within the same timeframe as described above.

9.4.3 If the Customer asks the delivery company to deliver his or her order without requiring a signature, or with the signature of a third party, he or she will assume all the consequences and be solely responsible for the products. Insofar as certain local partners of La Poste SA and DHL International Express (France) SAS do not always require a signature when delivering the package, if the Customer has not received his or her order while the carrier indicates it has been delivered, the Customer must file a complaint or its equivalent with the local authorities of his country of residence. The Customer declares and guarantees to be informed that failing to follow this procedure, he or she will not be able to claim either a refund of the order, or a new delivery of the products, without prejudice to his right of withdrawal according to the terms provided for in article 10 of the Terms of Sales.

9.5  Delivery disclaimer

9.5.1 The liability for loss or damage to the products is transferred when the Customer or the recipient of the order takes physical possession of the delivery.

9.5.2 The Customer, or the recipient of the order, should verify upon delivery that the parcel is intact and has not been subject to any form of degradation and that the products delivered conform to the order and deprived of any visible default. If the parcel presents any form of damage the Customer must refuse the delivery and not open the parcel. Further, the Customer must express their reservations to the carrier, describe the damage in a precise and complete manner on the delivery slip, and inform NOSE. Regarding delivery by Courier, it is specified that the Customer must carry out the checks mentioned in this article and alert Nose, latest the day after the reception of th order - the deadline being postponed to the Monday following the delivery if the order is done on Saturday. The Customer may contact NOSE by telephone +33 (0) 1 40 26 46 03 or by writing to the following email address: info@noseparis.com.

9.5.3 The Customer declares and guarantees that by failing to follow the steps described in the preceding article, the Customer forfeits their right to any refund or renewed delivery of the products, but without prejudice to their right of withdrawal according to the terms described in article 10 of the Terms and Conditions of Sales. 

9.6  Failure to collect the ordered products within the established time limit by the Customer

9.6.1 When the Customer has chosen the delivery by Colissimo or DHL and the Customer or the recipient of the order is absent, a transit advice note is left by the carrier, indicating the address where the package can be collected within a certain delay. This period usually corresponds to 15 (fifteen) days. Nevertheless, it may vary according to the country of delivery. NOSE invites the Customer to inquire with the local postal services and carriers or to reach NOSE at the number +33 (0) 1 40 26 46 03 or by email at the address info@noseparis.com for additional information.

9.6.2 In the event that the Customer or the recipient of the order does not collect the package within the time limit, the package will be automatically returned to NOSE by the carrier. NOSE will refund the price of the order to the Customer, excluding the delivery costs (for which the Customer is fully responsible) between 10 (ten) to 14 (fourteen) days from the date when NOSE receives the package. Nevertheless, within the same time period, the Customer has the possibilty to ask Nose to ship again the ordered products. In this case, the Customer will have to pay new delivery fees, regardless of the amount of the order, even if the fees of the first delivery were initially taken in charge by Nose. The delivery fees are specific to the delivery method chosen by the Customer and will be communicated to theCustomer before any new delivery of the ordered products.

9.6.3 If the Customer has chosen the "Pickup" option, the order must be picked up at the NOSE store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours, i.e. from Monday to Saturday, from 10.30 a.m. to 7.30 p.m., excluding public holidays, within a maximum period of 3 (three) months from receipt of the email informing the Customer that their order is ready. Failure to withdraw the order within this period will be considered as a fault of the Customer, leading to the cancellation of the order at their exclusive expense without them being able to claim any reimbursement whatsoever. 

10 – WITHDRAWAL

10.1 Right to and period of withdrawal

10.1.1 Pursuant to the article L. 221-18 of the French Consumer Code, the Customer may exercise their right to withdrawal within a period of fourteen (14) days following the reception of the order, without having to provide a reason. If the period of fourteen (14) days expires on a Saturday, Sunday, public holiday or legal non-working day, the period is extended until the next working day.

10.1.2 Pursuant to the article L. 221-28 5° of the French Consumer Code, the Customer forfeits their right to withdrawal by opening, unwrapped, unsealing, damaging the packaging of perfume and cosmetic products after delivery. Perfume and cosmetics products cannot be reimbursed, returned nor exchanged once the packaging seal is broken, due to hygiene and security reasons. However, the Customer still benefits from legal guarantees concerning product conformity and latent defects.

10.1.3 NOSE reserves the right to check the lot number of any product returned by the Customer, as part of the exercise of its right to renege, in order to ensure that the returned product corresponds to the one shipped by NOSE. Any returned product whose lot number does not match the lot number of the one shipped to the Customer by NOSE will not be refunded, returned or exchanged.

10.2 Conditions for exercising the right to withdrawal

10.2.1 The legal right to withdrawal may be exercised by the Customer by:

 (i) informing NOSE of the decision to exercise one’s right of withdrawal within a period of fourteen (14) days following the reception of the delivery of the order by writing a letter to the address 20, rue Bachaumont, 75002 Paris (France) or an email to info@noseparis.com.

 The Customer may use the detachable withdrawal form that can be found hereunder in Annex 1. If the customer does not use the form, they must note the order number in their letter or email.

 (ii) after having informed NOSE of their decision to exercise their right to withdrawal, the Customer must return the product(s) in question within a period of fourteen (14) days after having sent the withdrawal declaration. The product(s) can be returned by visiting the NOSE store or by post to 20, rue Bachaumont, 75002 Paris (France).

 The product(s) must be returned in their original package, in perfect condition, and accompanied by all included accessories and documents. If these conditions are not met the returned product(s) will not be refunded.

10.2.2 Any shipping fees related to the return shipping of the product(s) to NOSE are borne by the Customer, for all countries excluding France, except in cases where:

 (i) the Customer has chosen the store “Pickup” delivery method and returns the product to the store;

 (ii) the delivery did not conform to the order.

 NOSE will refuse letters or parcels for which postage is due.

10.2.3 NOSE recommends that the Customer return the product(s) by registered mail with request for acknowledgment of receipt. The liability of loss or damage of the returned product(s) lies with the Customer.

10.3 Effects of withdrawal

10.3.1 Pursuant to the article L. 121-21-4 of the French Consumer Code, NOSE will refund the price of the returned product(s) and the delivery fees, expect when the Customer has willingly chosen a delivery method that is more expensive than standard delivery. The refund will be issued within 14 (fourteen) days following the date on which NOSE has been informed of the Customer’s decision to withdraw. The refund date may be delayed until the returned product(s) have been received by NOSE.

10.3.2 The refund of the product price will be issued to the bankcard used by the Customer to pay for the order. If the Customer paid for the order using a “Coupon Code” of which they were the beneficiary, NOSE will send the Customer a new “Coupon Code” corresponding to the same amount by email. If the Customer has used their “Gift Card balance” or a “Gift Card” to pay for a part of or the entire order amount the corresponding sum will be credited their “Gift Card balance”, while the part paid for by bankcard will be refunded to the card that was used.

10.3.3 The benefits obtained during the purchase of the returned product(s) will, where applicable, be canceled, including:

(i) free delivery in the event that a partial withdrawal would drop the total amount of the order below the free delivery threshold (see Article 9.2 of the General Conditions of Sale). In this case, NOSE will reimburse the overpayment of the order, after deduction of the applicable delivery costs;

(ii) free preparation and packaging of samples in the event that a total or partial withdrawal would drop the total amount of the order below the threshold giving rise to the right to receive this advantage (see article 4.4 of the Conditions general sales). In such a case, the Customer is required to return to NOSE:

  • in the event of total withdrawal, all of the delivered samples;
  • in the event of a partial withdrawal, which reduces the total amount of the order excluding any delivery costs and, once any promotional advantages have been deducted, below the threshold of:
    • 160 (one hundred and sixty) euros including taxes : three (3) of the six (6) delivered samples, at the Customer's choice;
    • 80 (eighty) euros including taxes: all delivered samples.

Samples must be returned in accordance with the terms of Article 10.2.1 (ii) of the General Sales Conditions, simultaneously with the returned product(s). Otherwise, a unit price per sample of three (3) euros will be deducted from the amount reimbursed to the Customer.

10.3.4 The Customer acknowledges being informed that the reimbursement, made in application of Articles 10.2 and 10.3.1 of the General Sales Conditions:

(i) does not include the reimbursement of any bank charges paid by the Customer when placing his order, which remain the sole responsibility of the latter;

(ii) in the event that the order has been paid for in a currency other than the euro, is carried out by NOSE at the current exchange rate, applied to the total amount received by NOSE in execution of the amount paid by the Customer.

11 – GUARANTEES

11.1 NOSE informs the Client that it benefits from (i) a legal guarantee of conformity, pursuant to Articles L. 217-3 and following of the Consumer Code, and (ii) the legal guarantee relating to hidden defects, pursuant to Articles 1641 and following of the Civil Code, reproduced in the box below, for all products sold on the Site:

Legal guarantee of conformity

When he acts in legal guarantee of conformity, the Customer :

- has a period of 2 (two) years from the delivery of the goods to act;
- may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 12 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the 24 (six eighty-four) months following the delivery of the goods. This period is increased to 24 (twenty-four) months from March 18, 2016, except for second-hand goods for which the period is set at 12 (twelve) months ;

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Legal warranty relating to hidden defects

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose between the resolution of the sale or a reduction in price in accordance with Article 1644 of the Civil Code.

NOSE invites the Client to read Appendix 2 containing the reproduction of the applicable texts relating to the legal guarantees of conformity and hidden defects.

11.2 In accordance with the legal guarantee of conformity, and given the nature of the products sold on the Website, the Customer may choose to request that NOSE either replaces the product by an identical product (subject to stock availability), or refunds the product price and related delivery fees based on the total invoice price, as well as return costs upon provision of receipts.

 11.3 Regarding the samples, in the event that the Customer does not receive a sample, or receives a sample that has leaked or whose label is unreadable, NOSE, according to the Customer’s choice, will either refund the cost of preparation and packaging as well as, if applicable, the delivery fees, or will credit a sample to the Customer without additional costs on his or her next order.

 11.4 NOSE guarantees the authenticity of the products it distributes, as well as their official provenance. NOSE does not guarantee the satisfaction of the consumer and namely the perfumes’ strength. In case of dissatisfaction with these criteria, the Customer is invited to contact the manufacturing companies, whose contacts may be provided by NOSE, in order to formulate his or her claims.

 11.5 In accordance with the legal guarantee against latent defects, and given the nature of the products sold on the Website, the Customer may choose to request that NOSE refunds parts or all of the product price and related delivery fees based on the total invoice price, depending on whether or not they decide to keep the product.

 11.6 To exercise either of the abovementioned guarantees the Customer should contact NOSE by telephone +33 (0) 1 40 26 46 03, by email info@noseparis.com or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public holidays.

12 – INTELLECTUAL PROPERTY

12.1 The Website in its entirety, the products sold on the Website and their packaging, and every visual and sound elements that can be found on the Website (such as brands, logos, drawings, shapes and patterns, illustrations, photos, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of NOSE or the holders of the intellectual property rights of the element in question. All of these elements are protected by copyright, trademark law, industrial design right, patent law and sui generis rights.

12.2 Consequently, any reproduction, communication, download, modification, or partial and total use of these elements belonging to NOSE or a third party, for any purpose or medium whatsoever, require prior written permission from NOSE or the respective intellectual property rights holders, except in cases where authorized by law. The Customer declares and guarantees having been informed that their failure to comply with any of these obligations will expose them to civil action and/or criminal prosecution.

13 – PERSONAL DATA AND COOKIES

13.1 NOSE collects and treats the Customer’s personal data, and when needed, the order recipient’s data. The data collection is necessary for the management and execution of the order as well as for the commercial relations between NOSE and the Customer. The data may be provided to NOSE’s contractual partners for the execution of the order, such as the management, processing, payment and delivery of the order. The information is also collected and kept for security purposes, in compliance with legal and regulatory obligations. Furthermore, the collected information makes it possible for NOSE to send promotional offers and build commercial relations with the Customer.

13.2 NOSE uses HTTP cookies, defined as data files that are stored in the Customer’s web browser when they access the Website. The purpose of these data files, which record the Customer’s navigation on the Website, is to facilitate electronic communication, improve and personalize the service quality of the Website and to create statistics that measure page visits and different website features.

13.3 Pursuant to the French Law 78-17 on “Data Protection and Civil Liberties” of January 6th 1978, the Customer has the right to access, modify, oppose and delete their personal information. A Customer who proves their identity may exercise their right to have their personal information rectified, completed, updated, locked or deleted, if the said information is inexact, incomplete, imprecise, out-dated or if its collection, communication or retention is unlawful. This right may be exercised by writing to NOSE by email info@noseparis.com or by post to 20, rue Bachaumont, 75002 Paris (France). The Customer may also oppose the use of their data for marketing purposes by the company NOSE for legitimate reasons, except under the conditions described by the article L.34-5 of the French Postal and Electronic Communications Code. The Customer may also request Nose to limit his or her data’s portability, where possible. Finally, the Customer may send instructions to NOSE regarding the use of his or her personal data after his or her death.

13.4 To exercise his or her own rights, the Customer must send a letter with his last name, first name, and a copy of his or her ID to: NOSE - INFORMATIQUE Service - 20 rue Bachaumont, 75002, Paris, or send an e-mail to the following address: info@noseparis.com. For any inquiries concerning the processing of personal data that concern himself or herself, the Customer may contact NOSE by email at: info@noseparis.com

13.5 To obtain more information regarding the protection of personal information and the use of cookies, the Customer may consult the conditions of protection of Customers’ personal information (https://noseparis.com/en/privacy), which is also accessible through the Website’s “Help” section by clicking on “Confidentiality”, situated at the bottom of every page of the Website.

 13.6 NOSE has an Officer in charge of data protection that can be reached at: NOSE - Mr Olivier Bouaraphanh, The Officer in Charge of Data Protection - 20 rue Bachaumont, 75002, Paris.

 13.7 The Customer also has the right to contact the CNIL (3 Place Fontenoy - TSA 80715 - 75334 Paris Cedex 07) or a competent supervisory authority to forward a complaint. NOSE performs data processing on the territory of the European Union (EU). No data are transferred outside this territory.

14 – CUSTOMER SERVICE

 The Customer may contact NOSE by telephone +33 (0) 1 40 26 46 03, by email to info@noseparis.com or by visiting the store located at 20, rue Bachaumont, 75002 Paris (France) during opening hours from Monday to Saturday between 10:30 and 19:30, except public holidays, for any inquiry regarding product characteristics, the use of products, orders, deliveries or any other question.

15 – LIABILITY

15.1 NOSE commits to performing its obligations as described in the Terms and Conditions of Sales in good faith.

15.2 NOSE will not be held liable if the non-performance of its obligations as described in the Terms and Conditions of Sales is due to a third party, the Client or force majeure.

16 – LITIGATION 

16.1 If a dispute should arise in connection to the order or the delivery of products, the Customer may seek an amicable solution by having recourse to a conventional mediation procedure or any other alternative method of dispute settlement, before pursuing any legal action.

16.2 In accordance with the Article 16.1,

(i) The Client and/or NOSE may resolve a dispute through the Online Dispute Resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr/.

From this platform, the parties can file an online claim against the other, who will be informed. The Customer and NOSE will jointly select an alternative dispute resolution body to which the Dispute Resolution platform will refer the dispute.

(ii) The Customer may also submit his or her complaint to the Consumer Mediator of the "Chambre Nationale des Praticiens de la Médiation", appointed for disputes concerning distance selling of products between professionals and consumers in accordance with the terms and conditions set forth in Articles L. 612-1 et seq. of the French Consumer Code, which can be accessed at the following address: https ://www.cnpm-mediation-consommation.eu/.

However, the Mediator can only be seized by the Customer if no satisfactory answer has been given to the written complaint that he will have previously sent to Nose by email at info@noseparis.com or by mail at 20, rue Bachaumont, 75002 Paris (France), within a period of one year from the date of this complaint, and provided that the same dispute has not already been submitted to a Court or to a Mediator.

16.3 If the Client wishes to dispute a delivery, including the delivered status of an order indicated by a delivery company, the Client shall provide NOSE with the following two documents:

(i) Proof of filing a police report at the Police Station, or its equivalent in the country of residence of the Client;

(ii) A sworn statement that the order has not been delivered.

16.4 The sales contract concluded between NOSE and the Client, as well as these General Conditions of Sale, are subject to French law. In case of dispute, the French courts shall have jurisdiction.

16.5 However, if the Customer resides in a country other than France, he may not be deprived of the protection afforded to him by the mandatory rules of the legislation of his country of residence.


APPENDIX 1 : MODEL OF WITHDRAWAL FORM

You may complete and return the following form if you wish to withdraw from your order placed on www.noseparis.com pursuant to Article 10 of the General Conditions of Sale of the website, except for exclusions or limitations to the exercise of the right of withdrawal stipulated in the said article.


To the attention of NOSE, 20, rue Bachaumont 75002 Paris (France):

I hereby notify you of my withdrawal from the contract for the sale of the product below (*):

Ordered on: ...............................................................................................
Received on: .........................................................................................................
Order number: ................................................................................
Name of consumer(s): ..........................................................................
Address of the consumer(s) :

..........................................................................
Signature of consumer(s) (only if notifying this form on paper):

Date: ..........................................................................
(*) Delete as appropriate

APPENDIX 2: LEGAL GUARANTEES

Legal guarantee of conformity

Article L. 217-4 3 of the Consumer Code:

"The seller delivers a good that conforms to the contract as well as to the criteria set forth in Article L. 217-5. 
He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the delivery. 
[The seller is also responsible, during the same period, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. 
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity."
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L. 217-5 4 of the Consumer Code:

"The good is in conformity with the contract if it meets in particular, where applicable, the following criteria: 
1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose sought by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract, and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract; 4° It is updated in accordance with the contract. "

Article L. 217-7217-5 of the Consumer Code:

" I. In addition to the criteria of conformity to the contract, the good is conforming if it meets the following criteria:

1° It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract ;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; 4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.

II - However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates: 1) That he did not know them and was not legitimately in a position to know them; 2) That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or 3) That the public statements could not have had any influence on the decision to purchase.

III.- The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he has expressly and separately consented at the time of the conclusion of the contract."

Article L. 217-6 of the Consumer Code

"Where, in connection with the contract, personal data processing is carried out by the trader, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be deemed to be a failure to comply, without prejudice to the other remedies provided for in these texts."

Article L. 217-7 of the Consumer Code

"Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity that appears: 1. during a period of two years from the delivery of the goods, where the contract provides for such supply for a period of less than or equal to two years or where the contract does not determine the duration of the supply; 2. during the period during which the digital content or the digital service is supplied under the contract, where the contract provides for such supply for a period of more than two years."

Article L. 217-8 of the Consumer Code

"In the event of lack of conformity, the consumer has the right to bring the goods into conformity by repair or replacement or, failing that, to reduce the price or rescind the contract, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages."
"The buyer is entitled to demand the conformity of the goods to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in the materials he himself supplied.

Article L. 217-9 of the Consumer Code

"The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in sub-section 1 of this section.
The consumer shall request the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer shall make the good available to the seller."

Article L. 217-10 of the Consumer Code

"The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.
The repair or replacement of the non-conforming good includes, if necessary, the removal and return of the good and the installation of the repaired or replacement good by the seller.
A decree shall specify the terms and conditions for bringing the property into compliance."
"If the repair and replacement of the property is impossible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.

Article L. 217-11 of the Consumer Code

"The goods shall be brought into conformity at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement."
"The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.
These same provisions do not prevent the awarding of damages.

Article L. 217-12 of the Consumer Code

"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular:
1° The value that the good would have in the absence of lack of conformity ;
2° the significance of the lack of conformity; and
3° the possibility of choosing the other option without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer can, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is motivated in writing or on a durable medium."

Article L. 217-143 of the Consumer Code

"The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° When the trader refuses to bring the goods into conformity ;
2° When the conformity is achieved after a period of thirty days following the consumer's request or if it causes him a major inconvenience;
3. If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs;
4. If the non-conformity of the goods persists despite the seller's attempt to bring them into conformity, which has not been successful.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer shall not be entitled to rescind the sale if the lack of conformity is minor, which the seller shall have the burden of proof. This paragraph shall not apply to contracts in which the consumer does not make payment of a price."
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law."

Article L. 217-15 of the Consumer Code

"In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to obtain a reduction in the price of the goods.
The price reduction is proportional to the difference between the value of the goods delivered and the value of the goods in the absence of the lack of conformity.

Article L. 217-16 of the Consumer Code

In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He returns the goods to the seller at the latter's expense. The seller shall reimburse the consumer the price paid and return any other benefit received under the contract.
If the lack of conformity relates only to certain goods delivered under the sales contract, the consumer has the right to rescind the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods."

Article L. 217-16 of the Consumer Code

In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He returns the goods to the seller at the latter's expense. The seller shall reimburse the consumer the price paid and return any other benefit received under the contract.
If the lack of conformity relates to only some of the goods delivered under the contract of sale, the consumer has the right to rescind the contract with respect to all of the goods, even those not covered by this chapter, if the consumer cannot reasonably be expected to agree to keep only the goods that conform. [...]

L. 217-17 of the Consumer Code

The reimbursement to the consumer of the sums owed by the seller under this subdivision shall be made upon receipt of the goods or proof of their return by the consumer and no later than fourteen days thereafter.
The seller shall reimburse these sums using the same means of payment as the one used by the consumer when the contract was concluded, unless the latter expressly agrees and in any case without additional costs.

Article 1641 of the Civil Code

"The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them."

Article 1644 of the Civil Code

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

APPENDIX 3.1: DELIVERY TO DDP COUNTRIES

Specific delivery conditions apply to the following countries, known as "DDP countries (acronym of "Delivered Duty Paid"); this mechanism allows :  

(i) when placing your order, NOSE automatically adds the following fees and taxes to the price of the selected products: 

  • DGD fees (5 euros), when DHL provides transport; 
  • Customs anc clearance fees (variable by country, see table below);
  • Other applicable local taxes (varies by country, e.g. Value Added Tax).

(ii) When you pay for your order, NOSE pays these fees and taxes to the carrier at the same time; thus, you do not have to pay anything to the carrier at the time of delivery of your order. 

The applicable fees and taxes are detailed during the ordering process; they may vary depending on the amount, nature and destination of your order

For your information, the following customs and other import taxes apply - to which local taxes may be added:

Country

Importation tax*
(% of the price excl. taxes of the order)

Limit
(accordin to the price excl. taxes of the order)

Customs and clearance fees*
Fees if the order value excl. VAT is lower than the limit Fees if the order value excl. VAT is higher than the limit
Saudi Arabia 15% 227€ 25€ 30€
Bahrein 0% 226€ 20€ 25€
Canada 15% / 10€ /
United Arab Emirated 5% 230€ 25€ 30€
Hong Kong 0% / 5€ (for all orders) /
Israel 17% 64% 10€ 55€
Kuwait 0% / 30€ (for all orders) /
Oman 0% 219€ 25€ 30€
Republic of Korea 10% 127€ 10€ 15€

*Customs taxes and other applicable fees (import taxes and customs clearance fees) are paid directly on the Site by the Customer at the time the order is placed. They are therefore not invoiced to the Customer when the order arrives in the destination country.

The delivery fees specific to delivery by DHL are added to the payment of customs taxes and other applicable fees according to the terms of article 9.3.1 of these GTC.

ANNEXE 3.2 : DELIVERY TO THE UNITED KINGDOM

Delivery to the United Kingdom, regardless of the delivery method, is also subject to the DDP Country mechanism. In addition to the mechanism described in Appendix 3.1 above, customs and clearance fees are added to the price of the selected products, in addition to other charges and taxes, and paid in the same manner.

The applicable fees and taxes are detailed during the ordering process.

For your information, the following customs and other import taxes apply - to which local taxes may be added:

TVA Importation Tax Customs and clearance fees
Fees if the order value excl. VAT is lower than 135£ (around 157€) Fees if the order value excl. VAT is higher than 135£ (around 157€)
20% 5€ 10€