TERMS AND CONDITIONS
PARFUMS DUSITA SAS may amend or update these Terms and Conditions at any time. You may view the applicable version of the Terms and Conditions by clicking on the dedicated link “Terms and Conditions".
LAST WEBSITE UPDATE: 25 February 2019
Orders given through the Website are reserved for individuals and enterprises that are the ‘final purchasers’, it being fully understood that goods are not being sold for ‘resale’.
Article 1 - Definitions
PARFUMS DUSITA Website : www.parfumsdusita.com only
Territory : worldwide except China (but Hong Kong included)
(to complete eventually)
Article 2 - Order Placement Procedure
Using the PARFUMS DUSITA Website, you may order products of the "PARFUMS DUSITA" brand online using the link www.parfumsdusita.com for deliveries worldwide, except China.
The products are described and presented with the greatest possible accuracy, and with statement of their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.
Whenever you make an order on the PARFUMS DUSITA Website, you will be asked to confirm your acceptance of the Terms and Conditions in force on the date you give your order. You must ensure you have made the right selection before confirming your order. You are hereby informed that the order is subject to a payment obligation.
Any order made on the PARFUMS DUSITA Website must be paid immediately at the time of placing your order. We accept payments by Paypal.
All orders are payable in euros.
Your order is shipped only after checking your method of payment and upon receipt of authorization to charge your account.
PARFUMS DUSITA SAS uses SSL encryption to protect all personal data and data relating to means of payment.In all secure pages on which the URL begins with 'https://' (where the 's' stands for 'secure'), the data is encrypted and therefore protected before being transferred over the Internet.
You will be sent confirmation of the order by email, which contains acknowledgement for registration of your order with: the description of the selected PARFUMS DUSITA products, the quantity, price and free shipment, the associated payment. You will receive later by email a confirmation of shipping and an estimation of delivery time, with a shipping track number if applicable. Please note that no shipping track number will be available for samples order(s).
Unless proven otherwise, data recorded by PARFUMS DUSITA SAS constitutes proof of all the transactions entered into between PARFUMS DUSITA SAS and its customers.
An order's status can be viewed at any time on your customer account accessible from the PARFUMS DUSITA Website, with access reserved by a customer-chosen password. The information and data supplied by the customer may be modified at any time by the customer, who may also access information concerning any past orders.
PARFUMS DUSITA SAS reserves the right to cancel or reject an order placed by a customer with whom it is in dispute regarding an previous order, or if PARFUMS DUSITA SAS reasonably considers such customer has breached the Terms and Conditions or engaged in fraudulent activity, or on any other legitimate grounds.
In the event of loss, theft, or any fraudulent use of your password, you shall notify PARFUMS DUSITA SAS immediately.
Article 3 - Availability
PARFUMS DUSITA reserves the right to change, at any time and without notice, the products offered for sale on the PARFUMS DUSITA Website, as well as their prices.
Product offers remain valid for as long as they are visible on the website, subject to availability of stock. Should a product become unavailable after you make an order, we shall inform you of the fact as soon as possible by sending you an email, giving you the choice of either ordering another article displayed on the PARFUMS DUSITA Website or cancelling your order. If you decide to cancel your order, you will be refunded immediately if your bank account has been debited.
The prices of PARFUMS DUSITA products are given in euros. Prices are shown inclusive of tax and excluding handling and shipping costs. Handling and shipping costs will be free of charge for the customer without minimum of expenses, except in the case of the return of product(s) for cancellation,withdrawal or exchange that will remain at his own charge.
PARFUMS DUSITA SAS reserves ownership of the products until full collection of the price by PARFUMS DUSITA SAS. The product ownership will be acquired by the customer subsequent to full payment of the goods, i.e. from that time you shall assume all risks (particularly of theft, loss or damage) inherent in the products delivered.
Apart from the cases of refund provided in the specific section, PARFUMS DUSITA shall not refund any VAT charged on purchases made on the PARFUMS DUSITA Website (even where the purchaser, upon receipt, ships the products onwards to a third country outside the European Union).
Article 4 - Delivery
Shipping and delivery are free of charge, without minimum of expenses.
Products purchased on PARFUMS DUSITA Website may be delivered to a postal address accessible to transportation providers. The products are shipped to the delivery address indicated by you when ordering.
We deliver our products worldwide, except in China.
A competent third party carries out delivery and the customer understands that PARFUMS DUSITA SAS cannot be held liable for bad service delivery when:
- it is the fault of the customer himself or,
- it is the result of an unforeseeable or insurmountable problem incurred by the third party or,
- in the case of an act of god.
Purchased products will be transported by postal services known to deliver parcels in the most expeditious manner, such as Colissimo or FedEx, usually within two to five days after confirmation of shipment.
A tracking number is available from the confirmation of shipment by email for delivery of 50 ml bottle(s) and more.
No tracking number is available for delivery of sample(s), packages are sent via common post office service, without possibility of tracking. However, if the customer would like PARFUMS DUSITA SAS to ship by Colissimo for delivery of sample(s), we may provide the service with additional costs. In that case, the additional costs may vary according to the address of delivery.
In any event, and in conformity with the provisions of article L. 216-1 of the French Consumer Code, orders will be executed with a maximum delay of 30 days from the day following the placement of the order by the customer provided full payment has been made.
Any delay in delivery should be indicated as soon as possible by sending an email to firstname.lastname@example.org
A delivery shall be deemed to have occurred as soon as the goods are received by the customer from the delivery agents, as proved by evidence of the method of control used by the transportation provider.
The consumer is responsible for checking immediately on receipt of the goods that they have arrived in the condition expected. If applicable, the consumer shall indicate on the delivery note over his/her signature any anomalies observed (package unsealed, products damaged, etc.) The consumer must then report the problem to the following address without delay: email@example.com.
Article 5 - Right of Withdrawal/Cancellation within 14 days
In conformity with article L.221-18 of the French Consumer Code, you have 14 (fourteen) days from receipt of your order in which to exercise your right of withdrawal without having to state reasons, and without penalty. In the event of partly deliveries, the right of withdrawal runs from the last delivery. A standard withdrawal form is set out hereafter. You may use the withdrawal form below, or exercise that right using any other medium provided it is exercised unambiguously and unequivocally.
The product(s) must be returned complete, in perfect condition and in original wrapping accompanied with the receipt and a letter to the following address: PARFUMS DUSITA SAS – 68 rue du Faubourg Saint-Honoré, 75008 PARIS.
The price of the goods purchased and the shipment costs shall be refunded in full, except for the cost of return shipping that remain payable by the customer. The refund will be made in the same way as the payment for the order, within a period of 30 days of the exercise of your withdrawal right.
Pursuant to legal provisions, the right of withdrawal cannot be exercised for products unsealed and/or used by the customer or products with customized marking added at your request (article 221-28 French Consumer Code).
Please note that the return of these products, which contain alcohol, is subject to a special procedure:
Returned products must be in their original condition and complete (packaging wrapped in the transparent film, accessories, instructions, etc.) to enable them to be remarketed new, and returns must enclose a copy of the purchase invoice to optimize processing.
In the case of a product returned because it is defective or damaged during outward shipment, you must ensure that the bottle is still leak-safe (otherwise, please contact our Customer Service at firstname.lastname@example.org).
Please return your packet by carrier to the following address: PARFUMS DUSITA SAS - Retour Internet, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
Exchange is possible within fourteen (14) days, excepted if you have received the product as a gift. In the case of an exchange, shipping charges on returned merchandise are at the customer's expense. The product(s) must be returned complete, in perfect condition and in original wrapping accompanied with the receipt and a letter to the following address: PARFUMS DUSITA SAS – 68 rue du Faubourg Saint-Honoré, 75008 PARIS. The return of the products has to follow the specific above-mentioned procedure. Please note that PARFUMS DUSITA products cannot be exchanged or refunded at our boutiques.
If the replacement product(s) selected is (are) higher in value than the amount of the product(s) returned, you shall pay the difference in price in accordance with these Terms and Conditions.
If the replacement product(s) selected has (have) a lower value than the amount of the product(s) returned, PARFUMS DUSITA SAS will refund you the difference in price in accordance with these Terms and Conditions within fourteen (14) working days after receipt of the returned products.
CONSUMER WITHDRAWAL FORM pursuant to new Article R.121-1 and the Annex to the French Consumer Code
Please complete and return this form only if you wish to withdraw from your Order made on the PARFUMS DUSITA Website - unless exclusions or limits apply to the exercise of the withdrawal right in accordance with the applicable Terms and Conditions - and return the form directly to email@example.com.
I hereby notify to you my withdrawal from the contract relating to the sale of the goods (*) below:
Ordered on ......................................... / Received/withdrawn on ......................................... (*)
Order number: ..................................................................................
Name(s) of consumer(s): ..................................................................................
Address(es) of consumer(s): ..................................................................................
Signature(s) of consumer(s) (only in the event of notification of this form in paper version):
(*) Cross out the items that do not apply.
Article 6 - Legal Guarantee
The products are The products offered for sale are compliant with applicable French and European legislation and with the standards applicable in France, Europe and the United States.
Pursuant to the applicable statutory provisions in French law, we will refund you for or exchange products that are defective, non-conforming or do not correspond to your order.
Products sold on the PARFUMS DUSITA Website are subject to the warranties stated at the Articles L 217-4, L 217-5 and L 217-12 of the French Consumer Code and by Articles 1641 and 1648 of the French Civil Code.
Article L 217-4 Code de la consommation: "The seller must supply goods that are in compliance with the contract and must take responsibility for defects existing when the item is supplied. It is also responsible for defects resulting from the packing, assembly or installation instructions where it is made responsible for them by the contract or where it is responsible for having them performed.”
Article L 217-5 Code de la consummation: "In order to comply with the contract, goods must:
1. Be suitable for the purpose usually associated with such a product and, where applicable:
– match the description given by the seller and have the qualities that the seller presented to the purchaser in samples or models;
– have the qualities a purchaser is legitimately entitled to expect given the public declarations made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2. Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use required by the purchaser and brought to the seller’s attention and accepted by the seller.”
Article L 217-12 Code de la consummation: "Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied."
Article 1641 Code civil: "The guarantee is binding on the seller for latent defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had it been aware of them."
Article 1648 Code civil: "An action resulting from vitiating defects must be brought by the purchaser within two years of the discovery of such defect. In the case provided in Article 1642-1, the purchaser must bring the action, under penalty of debarment, within the year which follows the date on which the seller can be discharged from visible defects or lack of conformity."
Article 7 - Limitation of Liability
PARFUMS DUSITA SAS shall in no circumstances incur liability for any indirect, consequential, incidental or special damage and particularly, without limitation implied, loss of business, profits or opportunity arising from the use of the PARFUMS DUSITA Website.
PARFUMS DUSITA SAS shall incur no liability under these Terms and Conditions where failure to fulfil its obligations is attributable to :
- a third party even if foreseeable or,
- the customer or,
- a case of force majeure as defined by the French Courts or,
- any other event that was beyond the reasonable and exclusive control of PARFUMS DUSITA SAS.
PARFUMS DUSITA SAS shall incur no liability in the event of a breach of the legislation of the country where the Website is viewed.
The website shall be used at web users' own risk, and on their own entire liability.
PARFUMS DUSITA SAS uses its best efforts to ensure the reliability of the information contained on its Site. However, PARFUMS DUSITA SAS cannot warrant that the Site will operate without interruption and will be wholly error-free or entirely virus-free. Besides, item may differ from photograph and the Site, content or products might not meet fully customer’s expectations.
Article 8 - Intellectual Property
The PARFUMS DUSITA Website is protected by copyright. The use of any part or all of the Site, particularly by download, copy, transmission or representation on any media and by any process for any purposes other than the user’s own private use for non-commercial purposes is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the PARFUMS DUSITA Website are also protected under trademark law. For any reproduction or representation of any part or all the trademarks or signs, the prior written permission of PARFUMS DUSITA is required.
Any unauthorized reproduction or representation of trademarks, logos, models, designs, literary, musical, audiovisual or photographic works and generally all items that are or may be protected by an intellectual property right and are accessible on the PARFUMS DUSITA Website is prohibited and constitutes infringement under Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively and strictly for the user’s own private use.
Article 9 - Applicable Law
These Terms and Conditions shall be governed and interpreted according to French law. These Terms and Conditions shall not impede compliance by the PARFUMS DUSITA Website with any public-policy provision existing in the regulations of the country from which the customer ordered. These Terms and Conditions are written in both in English and French languages. If there is differences between both versions, the French version shall prevail.
For any complaint or claim, our customers must first contact:
PARFUMS DUSITA SAS - Service Client - 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
We shall do our utmost to resolve amicably any disputes between us and the customer.
For any disputes, the French courts of law shall have sole jurisdiction.
The customer is hereby informed of the possibility of recourse, in the event of a dispute, to conventional mediation or any other alternative method of dispute settlement.