1 – IDENTIFICATION OF THE PARTIES
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
2.1.1. 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 email@example.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.
2.2.1. 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.
2.3.1. 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 firstname.lastname@example.org 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 and will cancel the order. The Customer will be fully refunded with an amount corresponding to the price of the unavailable product and any delivery charges paid for it, within 14 (fourteen) days after the date of the order’s payment. However, if only a part of the products ordered by the Customer is unavailable, the delivery fees paid for the products that are available and delivered will not be reimbursed.
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 Products’ sales prices are displayed on the Website when clicking on a product. In accordance with the article L. 112-1 of the French Consumer Code, all of the prices specified on the Website are shown in euros (€), include Valued Added Tax (VAT) and exclude delivery fees in the cases where such fees apply. The delivery fees are specified to the Customer before the confirmation of the order and will, in the cases where they apply, be charged as a supplement.
5.1.2. If the Customer wishes to be delivered to one of the member countries of the European Union other than France, prices are displayed including Value Added Tax (VAT) or Excluding Taxes, depending on the tax regime applicable to the country of destination. If the Customer wishes to be delivered to the UK, the prices are displayed including Value Added Tax (VAT). Customs taxes are added, the amount of which varies depending on the total amount of the order and the selected delivery method. The details of customs taxes are accessible at the address https://noseparis.com/en/shipping, as well as at the bottom of each page of the Website by clicking on « Shipping methods", then by selecting "United Kingdom".
5.1.3. If the Customer wishes to be delivered outside the European Union, the prices are always displayed excluding VAT. In addition, the displayed sale prices do not include any applicable customs taxes or other specific fees relating to the legislation of the country of importation. Thus, where applicable, the Customer is required to pay himself or herself to the local authorities any customs duties or specific fees applicable upon delivery of the order. When the carrier has paid in advance the applicable customs duties or fees, the Customer is required to reimburse, upon proof, the corresponding sum to the carrier. In any case, the Customer acknowledges being informed that NOSE cannot be considered liable for the customs duties or specific applicable fees. NOSE invites the Customer to inquire with the local authorities of the country of destination of the order on the terms of payment of the applicable customs duties or to reach NOSE at +33 (0) 1 40 26 46 03 or by email at the address email@example.com.
5.1.4. The total amount due to be paid by the Customer, excluding delivery fees, is shown before the final validation of the order. The amount appears a first time in the “My Cart” section. The full amount including delivery fees (where they apply) is shown in the “Order Review” section that appears after having clicked on “Proceed to checkout” and after the information necessary to process the order has been filled out.
5.2 Applicable prices and modifications
5.2.1 The applicable sales prices are those that are shown on the Website on the day of the order.
5.2.2 NOSE reserves the right to modify prices at any moment, while guaranteeing the application of the prevailing prices at the time of the 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.
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 shipment and delivery fees are available at https://noseparis.com/en/shipping, as well as at the bottom of each page of the Site by clicking on "Shipping methods".
9.3 Terms of delivery
9.3.1 Before confirming their order, the Customer chooses their preferred delivery method among the five following options:
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 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.
Delivery by DHL
Delivery by DHL is made by DHL International Express (France) SAS. It is carried out with a tracking number and the delivery takes place against the Client's signature.
The delivery takes place in the countries and according to the conditions and times listed on the Shipping Methods page of the Site. This page, which completes the general sales conditions, is also accessible at the bottom of each page of the Site by clicking on Shipping Methods.
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 firstname.lastname@example.org.
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 email@example.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: firstname.lastname@example.org.
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 email@example.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
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 firstname.lastname@example.org.
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.
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.
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
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.
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.
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.
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
11.2 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 email@example.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 firstname.lastname@example.org 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: email@example.com. For any inquiries concerning the processing of personal data that concern himself or herself, the Customer may contact NOSE by email at: firstname.lastname@example.org
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 email@example.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 Customer and/or NOSE may resolve a dispute through the platform of Online Dispute Resolution created by the European Commission and accessible at the following address: https://webgate.ec.europa.eu/odr/.
From this platform, the parties may file an online appeal against each other, of which the concerned party will be informed. The Customer and NOSE will jointly choose an extrajudicial conflict resolution body to which the platform of Online Dispute Resolution will transfer the litigation.
(ii) The Customer may also submit their complaint to the designated Consumer Mediation service MEDICYS for disputes concerning distance sales between professionals and consumers, according to provisions provided by articles L. 612-1 and subsequent, which can be accessed at the following address: http://www.medicys.fr/index.php/consommateurs/.
The Customer may only have recourse to the Mediator if no satisfactory answer has been given to a written complaint previously addressed to NOSE by email to firstname.lastname@example.org or by post to 20, rue Bachaumont, 75002 Paris (France), after a time period of one year following the complaint and on the condition that the same litigation has not been submitted to a Court nor to a Mediator.
16.3 If the Customer wishes to contest a delivery, namely the « delivered » status indicated by the delivery company concerning a specific order, the Customer must provide NOSE with the following two documents:
(i) The proof of deposit of a day book at the Police Station, or its equivalent in the Customer's country of residence;
(ii) A signed declaration stating the absence of delivery of the Customer’s order.
16.4. The sales contract concluded between NOSE and the Customer and the present Terms Conditions of Sales are subject to French law. In case of dispute, the French courts have jurisdiction.
16.5. If the Customer resides in a different Country than France, they cannot be denied the protection afforded to them by the mandatory rules of the national legislation within their country of residence.
ANNEXE 1 : STANDARD WITHDRAWAL FORM
If you wish to withdraw from the order placed on www.noseparis.com in accordance with the article 10 of the Terms and Conditions of Sale of Website, except in cases where the right to withdrawal is excluded or limited as specified in said article, you may complete and submit the following form:
For the attention of NOSE, 20, rue Bachaumont, 75002 Paris (France):
I hereby inform you of my decision to withdraw from the sales contract concerning the product(s) listed hereunder (*):
Ordered on the (date):…………………………………………………………………………………..
Received on the (date):………………………………………………………………………………....
Consumer(s)’ signature(s) (only applicable when the present form is in paper version):
(*) Strike out inapplicable portions
ANNEXE 2 : LEGAL GUARANTEES