GENERAL CONDITIONS OF SALE
of the online store AFFINESSENCE
www.affinessence.com

(This General Conditions of Sale in English is a translation. In the event of a discrepancy, the French version of the Conditions générales de vente takes precedence over the English version)

www.affinessence.com website (called “the Site”) is edited by AFFINESSENCE SARL, whose headquarter is located: 6 rue de Lota – 75116 Paris – France, and entered in the register of companies under N° SIRET: 79428575900039. Intra-community VAT: FR 06 794285759; Email: contact@affinessence.com; Tel: + 33 6 86 15 85 34

The purchase of products offered at the Site is subject to general conditions of sale of www.affinessence.com Site.

Present general conditions of sale shall apply from November 2015 the 15th. AFFINESSENCE SARL reserves the right to change these conditions at any time and without prior information.

Any product order on the Site suppose that the purchaser has consulted, understands and expressly accepts the present general conditions of sale, this acceptance being not required by a handwritten signature. The validation of purchase order constitutes an electronical signature which has the same value between the parties as a handwritten signature.

Orders given on the Site are reserved for individuals and companies that are the ‘final purchasers’, it being fully understood that goods are not being sold for ‘resale’. Resale or distribution of Affinessence products purchased on the Site is forbidden.

AFFINESSENCE SARL may not be responsible for any website interruption, computer virus or “bugs”, and in that event would do its best to satisfy its customers.

AFFINESSENCE SARL may not be responsible in case of breach of its obligations, as defined in these general conditions of sale, in the case of force majeure.

I. AVAILABILITY

Products offered and their prices are guaranteed while they are displayed on the Site, subject only to the limit of available inventory, and country authorized by the Site.

Indications of the availability of products are furnished at the moment an order is entered.

Errors or modifications can occur in exceptional cases, particularly in the event of simultaneous orders for the same product by several clients.

In the eventuality of a product no longer being available after an order is completed, AFFINESSENCE SARL will notify the purchaser by email or phone as soon as possible the purchase of another article on the Site as a replacement or to cancel the sale.

In case of cancellation of the sale, AFFINESSENCE SARL will refund the Internet user no later than 30 days after payment if the purchaser’s bank account has already been debited.

AFFINESSENCE SARL is not liable in case the product is out of stock or unavailable for any reason, and reserves the right to change at any moment and without prior warning the articles proposed for sale on the Site.

II. CONDITIONS OF ORDERING

In navigating the Site, the purchaser is able to know the various products offered for sale on the day of the visit to the Site.

Navigation through various pages of the Site in no way constitutes an order.

In the process of navigating the Site, the purchaser can begin to place an order simply by clicking on the icon “add to cart”, such icon being next to each item shown.

The purchaser should know that at any time up to the final payment for the order, the purchaser might withdraw the order, complete it, modify it or cancel it. Only when the purchaser elects to ‘Pay’ for the order and that payment is accepted is the order deemed complete.

III. ONLINE ORDERING – PAYMENT and PRICE

At the end of the ordering process, the Internet buyer is asked to click on the ‘Pay’ icon. As soon as this is entered, the order is transmitted for processing. It can no longer be modified or cancelled except under the conditions expressly presented under ‘General Conditions of Sale’ or under conditions of applicable law. The entering of the order indicates an acceptance of those ‘General Conditions of Sale’. A recapitulation of the order will be sent to the Internet user by email, and an invoice when the order is shipped.

The data registered by the site www.affinessence.com constitute the proof of the overall transaction accomplished between AFFINESSENCE SARL and its client. In case of conflict concerning a transaction accomplished over the Internet, those registered data shall constitute irrefutable proof of the content of the transaction.

In applying article L. 134-2 of the Purchasing Code, whenever an order relates to an amount equal to or greater than Euros 120, AFFINESSENCE SARL will keep a record of the contract concluded between the parties that can be seen electronically from the conclusion of the contract to the date of delivery of the goods and for a period of ten years thereafter (in conformity with decree 2005-137 of 16 February 2005). The Internet user shall have access to such records at any time on request from contact@affinessence.com

The price of products is given in Euros, all taxes included (VAT included for metropolitan France and European Union). However, the goods exported to overseas territories or outside European Union are sold duty-free and may be taxed in the country of destination according to the local regulation. Taxes will be paid by the recipient at the time of delivery. Entering the country of destination, local customs may determine applicable duties to be paid by the recipient according to the content of the package (origin, nature, value).

AFFINESSENCE SARL reserves the right to modify at any moment and without prior warning the price of products offered on the Site. The products are billed on a price including taxes posted on the Site at the moment of finalization of an order provided those products ordered are indeed available at the moment of the order.

All orders entered on the Site must be immediately paid with the validation of the order.

All orders are payable in Euros. Bank cards and credit cards accepted are shown on the ‘payment’ window. The order is valid only after verification of payment, payment receipt or the authorization to debit the bankcard. Bankcards will only be debited when the consumer so commands on the Site. In the case of unavailability of articles ordered (see ‘Availability’), only the price of the goods and the shipping costs will be debited.

IV. DELIVERY

Once an order has been placed, it will be expedited to the postal address given by the purchaser.

A competent third party may carry out delivery, and the buyer understands that AFFINESSENCE SARL cannot be held responsible if bad delivery is the fault of the buyer or the result of an unforeseeable or insurmountable problem incurred by the third party or in the case of force majeure.

The method and cost of shipping will be indicated in the course of placing the order.

Purchased products will be transported by postal services with usual delivery delay within 2 to 10 business days after shipment.

When shipping with tracked “Colissimo” requiring signature, postal services will track the purchased product to the recipient who will have to sign to receive the products.

When shipping with « lettre suivie » (i.e. Discovery Set), tracking by postal services will be ensured until distribution for the 20 following countries : Germany, Belgium, Canada, Denmark, Spain, Estonia, The United States, Finland, France, Great Britain, Hong Kong, Ireland, Iceland, Luxembourg, Malaysia, New Zealand, Netherlands, Portugal, Singapore, Sweden, Switzerland(Swiss). For other destinations, tracking will be only guarantied until French border.

AFFINESSENCE SARL cannot be held responsible for a longer delay and/or delay considered too long when due to postal services or transportation and/or communication means, or in the case of force majeure.

In any event, and in conformity with the provisions of article L. 121-20-3 of the Purchasing Code, orders will be executed with a maximum delay of thirty (30) days counting from the day following the placement of the order by the purchaser provided payment has been made in full.

Any delay in delivery should be indicated as soon as possible with an email to contact@affinessence.com

A delivery shall be deemed to have occurred as soon as the goods are received by the purchaser from the delivery agents, either in the mailbox (i.e. for a Discovery Set), or as proved by evidence of the method of control used by the transporter (i.e. signature requested in case

of a Colissimo).  It is for the purchaser to verify immediately on receipt of the goods that those goods have arrived in the condition expected.

In case of delay, breakage or missing goods, the purchaser must make such notes precisely on the delivery slips. In any event, the purchaser may then only exercise recourse against the transporter. Conforming to article L.133-3 of the Commerce Code, any problem must be confirmed by letter sent to the transporter within three days of receipt of the goods. In addition, any problem of this type (or concerning a “lettre suivie” -delivery without signature-) must be immediately reported with a copy of the letter sent to the transporter) to the following address: AFFINESSENCE SARL 6 rue de Lota 75116 Paris –France   contact@affinessence.com

V. LEGAL GUARANTEE – WITHDRAWAL (RETURN POLICY) – RESPONSIBLE PERSON (for the UK)

V.1 Legal Guarantee

AFFINESSENCE SARL as a professional seller, guarantees that all products conform to the use for which they are expected and present no faults or hidden defects that render them dangerous or unsuited to their normal use.

In case a product(s) fails to conform to the information given about the product on the Site, in conformity with article L.211-5 of the French Purchasing Code, or, in the case of products with hidden flaws as per article 1641 of the French Civil Code, the purchaser will be fully reimbursed.

In that event, AFFINESSENCE SARL will attempt to reimburse the purchaser within a maximum period of 30 days under the conditions mentioned below:

The product(s) are subject to guarantee provisions provided by French law:

“Article L.211-4 of the Purchasing Code: The seller is bound to deliver a product that conforms to its specifications and is responsible for defects that exist prior to deliver. He is equally responsible for defects arising from packaging, assembly instructions or installations as long as that is his responsibility or accomplished under his responsibility.”

“Article L.211-5 of the Purchasing Code: To be in conformity with the contract, a product must:

1. Be suitable for use in the manner customarily expected for a similar good, and, should the case arise, correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model – possess the qualities that a buyer might legitimately expect in regard to public declarations made by the seller in regard to the product notably through advertising or labelling;

2. Or have the characteristics defined by a common agreement between the parties or be correct for the use sought by the buyer and that use is known to the seller and so accepted.”

“Article L.211-12: Actions resulting from a defect in a product shall be exercised within a period of two years from the delivery of the products”

“Article 1641 of the Civil Code: The seller is responsible for the guarantee against hidden defects that may make a product inappropriate for its intended use or that diminish it to such an extent as to have caused the buyer to not acquire it or, if known, to have offered a lower price.”

“Article 1648, first paragraph of the Civil Code: A lawsuit based on insurmountable problems must be started by the acquirer within a period of two years from the discovery of the defect”.

In case of receipt by the Purchaser of product(s) that do not conform or are found to have a hidden defect, the disposition of article V.1 above will apply.

Customer service: in case of quality problem, please contact AFFINESSENCE SARL that will explain the procedure: 6 rue de Lota 75116 Paris – France. Mail address: contact@affinessence.com Tel. + 33 6 86 15 85 34.

V.2 Retraction – Returns

In conformity with article L.121-21, modified by law n°2015-990, 2015 august 6th – art. 210 of the Purchasing Code, the purchaser has fourteen (14) days to exercises his right of withdrawal.

In conformity with article L.121-21-2, the purchaser will inform AFFINESSENCE SARL about his decision to withdraw, sending before the expiry of the deadline mentioned in article L. 121-21, the withdrawal form (file enclosed here) or any other clear declaration, void of any ambiguity, expressing his decision to withdraw.

At the latest within fourteen (14) days from the communication of his withdraw decision, the purchaser will have to return the complete product(s) with the bill and a letter to the following address: AFFINESSENCE SARL, 6 rue de Lota 75116 Paris – France.

Only complete products in perfect new product condition, which means intact and unopened, in a perfect state of resale and in the complete original packaging, are accepted.

The purchaser will have to pay for the delivery costs.

AFFINESSENCE SARL will reimburse the purchaser for the total sums paid in the order (products order, and delivery when charged) after products recovery and verification they are complete and perfect for resale. The reimbursement will be done within a period of 30 days of the purchaser’s withdraw exercise, upon fulfilment of the above conditions.

V. 3 Responsible (RP) for the UK

Concerning UK consumers only: Responsible Person (for authorities only):

Website: www.theregcom.com/rp  RP details: TRC 2514 AA NL

VI – LAW APPLICABLE AND COMPETENT COURT

Any dispute concerning the conclusion, the validity, the interpretation or the execution of the contract are subjected to the French law. In case of a law suit, French tribunals at the head quarter of AFFINESSENCE SARL will be competent.

VII – PERSONAL DATA

By ordering on the Site, the purchaser authorizes AFFINESSENCE SARL to process his personal data, and use them for customer, order, delivery and invoice management, and creditworthiness following, marketing and advertising. The use of these data for marketing or advertising is subject to prior acceptance, during the order process.
At any time, the purchaser will have the possibility to ask, consult and modify his personal stored data. On request and free of charge, he may object to the processing of his data for direct marketing.