TERMS AND CONDITIONS OF SALE
FOR CONSUMERS AND PROFESSIONALS

ARTICLE 1 – SCOPE OF APPLICATION

The General Terms and Conditions below (hereinafter “TAC”) apply to all online sales by SCENTYS, a simplified joint stock company with share capital of 1,239,309.90 euros, registered with the Paris Trade and Commerce Register under number 478 525 009, headquartered at 4, rue Chauveau Lagarde – 75008 Paris (hereinafter “SCENTYS”), conducted via the website found at https://www.scentys.com (hereinafter “the Website”).

Derogations from these terms and conditions not expressly accepted by SCENTYS are unenforceable. The Website may only be used by persons who are legally authorized to place an order online, and the cost of the Internet connection and equipment required to access the Website are the responsibility of the client. SCENTYS reserves the right to modify these TAC, the applicable version being the one in effect the day the client places an order on the Website.

ARTICLE 2 – PRESENTATION OF PRODUCTS

Products offered for sale on the Website are represented as accurately as possible. SCENTYS makes every effort to present and describe its products accurately to make its clients as informed as possible. However, the photographs and graphics shown are not contractual and do not engage the responsibility of our company. Photographs are included for illustration purposes. Clients should refer to the description of each product to learn about its specific characteristics. If clients have questions or want additional information, they should contact our client service by telephone, at +33(0)1.53.45.99.40, or by email at info@scentys.com.

SCENTYS reserves the right to modify, without prior notice, the characteristics and technical specifications of its products and to suspend the sale thereof, without any compensation for the client.

ARTICLE 3 – ACCOUNT

3.1 Creation of an Account

To place an order on the Website, a client must first create a personal account (hereinafter the “Account”) and, during that process, provide personal data including an email address. The client must ensure that the information provided is accurate, particularly the email address, and verify the filter settings on that address to prevent emails sent from our company from being considered spam.

All information provided by the client to SCENTYS must be accurate, complete and current. Clients must log onto their account to update their information every time their situation changes. Accounts and personal data are managed on the Website.

The client agrees to review and accept SCENTYS’s Privacy Policy, available on the Website, regarding the handling of personal data.

3.2. Account management and security

When creating an Account, the client must select a user-specific password that will enable a faster connection when using the Website. The client agrees to create a password that is personal and confidential. To keep the Account secure, the client agrees to:

– not disclose the password to any third parties;

– take necessary precautions to prevent third parties from accessing the password;

– take steps to prevent third parties from accessing the Account, even without the client’s knowledge;

– not give access to the Account to a third party (the lending, sharing, exchanging, giving, purchase, transfer and sale of the Account are all prohibited and render the contract non-enforceable against SCENTYS);

– not use the account of a third party;

– use a personal email address and not share it;

– allow SCENTYS to contact the client via the email address provided.

The client is responsible for keeping the password confidential and for its use. The client alone is responsible for the use of the Account. Any connection or data transmission that occurs using the client’s password will be considered to have been carried out by the client and under the client’s responsibility.

To protect the personal and confidential nature of Account access, it is recommended that the client log out of the Account at the end of each session on the Website.

If the Account and/or password is used fraudulently, or if the password is lost or stolen, the client should immediately notify our company.

If the password is forgotten, the client can click on “Forgot Password” and an email will be sent to the email address on file for the Account, providing a new password.

The client is solely responsible for the security of the Account and SCENTYS cannot be held liable for any damages that could be incurred by the client’s Account or computer as a result of the loss or sharing of the Account login and password.

The client is responsible for purchases made on or via the Account and is presumed to be the purchaser.

ARTICLE 4 – ORDERS

4.1 Terms applicable to all orders

The client is solely responsible for the selection and purchase of a product, particularly for deciding if the product suits their needs. Before being asked to confirm the order on the Website and make the payment, the client will be shown an order summary. If the order contains an error, the client can modify it. It is thus the client’s responsibility to verify the accuracy of the order (for instance quantities, models and fragrances selected).

By placing the order, the client accepts without any reservations these TAC. By checking the box “I have read and agree to the website terms and conditions” the client acknowledges having read and accepted the TAC.

The order is firm once the client has confirmed it by clicking on the “Place order” button, without prejudice to the consumer client’s right to withdraw (see article 9 below).

We will send an email acknowledging the order placed once it is received.

If the product ordered has become unavailable, the client will be notified as quickly as possible. The order can then be cancelled. A new delivery date may also be proposed to the client if the product will become available again subsequently.

4.2 Subscription

The client can opt for recurrent deliveries to automatically receive, every three months starting when the service is activated, the products selected with the original order or an order that has been subsequently modified on the client’s personal space on the Website, under the Subscriptions section.

The terms of the subscription, particularly financial, can be found on the corresponding datasheet. In the event of a contradiction between the provisions of the present TAC and those found on the subscription datasheet, the provisions shown in the latter will prevail.

Only capsules from the permanent collection can be included in a subscription. SCENTYS will inform the client via email when the subscription service is activated.

Except if it is cancelled under the terms described below, the subscription will renew by tacit renewal, for successive periods identical to that of the first subscription service ordered.

One month before the subscription renewal date, SCENTYS will send the client an email specifying the renewal date and the content of the next order, and inviting the client, where appropriate, to modify the subscription directly in the “Subscriptions” area on the Website. The client may, up until five (5) days before the subscription renewal date, modify the terms (notably the type of fragrance capsule) or cancel the subscription. A summary of the next order that will ship as part of the subscription, modified where applicable, will appear in the client’s personal space, “Subscriptions, accessible on the Website. Inside five (5) days of the subscription renewal date, the order placed for the following subscription period can no longer be modified or cancelled. SCENTYS will acknowledge receipt of the subscription renewal, via email, summarizing the content and price of the order, and will then debit the amount of the order, without prejudice to the client’s right to withdraw (see article 9 below). Subscription modifications, suspensions or cancellations initiated within five (5) days of an order renewal data will be applied to the following subscription period.

The tacit renewal of service contracts is governed by the following provisions of the French Consumer Code:

  • Article L. 215-1: “For service contracts concluded for a determined period with a tacit renewal clause, the service provider will inform the consumer in writing, via dedicated nominative letter or email, no earlier than three months and no later than one month before the end of the period during which the renewal can be rejected, of the option to not renew the contract entered into with a tacit renewal clause. This information, to be provided in clear and comprehensible terms, will mention, in a clearly visible box, the deadline for non-renewal.

If this information is not sent to the consumer in compliance with the provisions of the first paragraph, the consumer can terminate the contract free of charge at any time after the renewal date.

Advances made after the most recent renewal date or, for contracts of indeterminate duration, after the date of transformation of the initial contract with a fixed duration, are in this case reimbursed within a period of thirty days from the date of termination, after deducting the amount corresponding to the fulfilment of the contract up to the termination date.

The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information.”

  • Article L. 215-2: “The provisions of this chapter do not apply to operators of drinking water and sanitation services.”
  • Article L. 215-3: The provisions of this chapter also apply to contracts between professionals and non-professionals.”
  • Article L. 241-3: “As long as the professional has not completed the reimbursement under the conditions provided for in Article 215-1, the amounts due will earn interest at the legal rate.”

ARTICLE 5 – PRICES

Product prices are shown on the Website in euros, both inclusive of all taxes (French VAT and other applicable taxes) and before taxes. If a professional client is not subject to VAT, it can contact SCENTYS via email at info@scentys.com and the invoice will be adjusted accordingly. The prices shown do not include potential cost of delivery (see article 7 below).

SCENTYS reserves the right to change product prices without prior notice. The applicable prices are the ones displayed at the time the order is placed on the Website by the client.

ARTICLE 6 – PAYMENT

6.1 Payments are made in euros and in full at the time the order is placed on the Website. Payment options include:

  • Payment by bankcard (debit card, Mastercard, Visa) via the PAYPAL and STRIPE payment modules: payment is processed through the bank’s secure server using SSL (Secure Sockets Layer) technology. Therefore, none of the client’s bank information is routed through the Website.
  • Payment by PAYPAL: the Client can pay with a debit or Visa or MasterCard using a PayPal account without providing the bankcard number to our company. The client must be duly authorized to use the payment card to pay for the order and must have sufficient funds available on the card to cover all costs associated with the order.

The client’s order is recorded and validated once the payment is accepted by the bank or via PayPal. Once the payment accepted by the bank is received, the product ordered will be shipped to the client by our company. If the payment is rejected by the bank or PayPal, the order will be automatically cancelled.

6.2. Payments related to subscriptions will be executed exclusively through direct debit.

6.3. SCENTYS retains ownership of all products until they are paid in full, principal and other charges, and may suspend, reject or cancel any order for non-payment.

6.4 Any delay in payment will automatically result, with no prior reminder being necessary, in the application of late fees, calculated for each day without payment, based on the rate applied by the European Central Bank to its most recent key refunding operation, increased by ten percentage points, as well as a flat 40 euros for recovery expenses, without prejudice to statutory interest for late payments and other recovery fees borne by our company to be invoiced with presentation of justifying documents.

6.5 In accordance with the provisions of article 1344 of the French Civil Code, the debtor is deemed to have been served notice when the obligation of payment falls due.

ARTICLE 7 – PRODUCT DELIVERY

7.1. Home delivery

Products can be delivered within mainland France, including Corsica and Monaco, but excluding the French overseas territories. For deliveries outside this geographic area, the client can contact SCENTYS via the contact form on the Website to ask about the conditions under which SCENTYS may or may not ensure product delivery.

Delivery will be handled by a transporter selected by our company. Deliveries are made only on business days. Products are delivered to the delivery address provided when the order is placed. Unless the client specifies a different delivery address, the products will be delivered to the postal address the client entered for their Account.

The client must expressly indicate all information useful for the delivery, such as entry code, floor, building, telephone number and email address. If it is difficult to gain access to a building, that information must in all cases be indicated when the order is placed so the transporter can be made aware of it. The transporter may refuse to make the delivery.

The client is responsible for the address provided to our company. The information provided must be clear, precise and complete, notably including the building number or locality, to allow delivery under normal conditions. The client states and must have verified that the product can be effectively delivered to the delivery site with no special equipment required. We cannot be held liable for any delivery delays or returns due to an erroneous address or the transporter’s inability to deliver the order to the address provided. To optimize delivery, the client is asked to provide an address to which the order can be delivered during business hours.

The transporter is mandated to place the package in the client’s mailbox, excluding any delivery above the ground floor. If the package does not fit in the mailbox, and the client is absent, a delivery notice will be left. If the address provided is incorrect, the delivery is rejected, the products cannot be delivered or if the client fails to collect the order, the products will be shipped back to our company. They can subsequently be delivered again at the client’s request, with additional shipping fees being charged based on the geographic area to which the order is delivered.

SCENTYS cannot be held liable for any delay in delivery caused by the client’s unavailability.

7.2 Cost and time of delivery

7.2.1 For deliveries to mainland France, including Corsica and Monaco (excluding the French overseas territories), the client is made aware of shipping fees and delivery times before the order is placed.

These costs are paid by the client, except if products are ordered through a subscription service.

Unless otherwise specified, the costs of delivery are deemed in euro and before tax.

For deliveries outside the geographic area above, if SCENTYS agrees to arrange the delivery, the terms (notably the applicable INCOTERM which, by default, will be DAP version 2020) and transport price will be agreed upon between the parties in writing.

7.2.2 The delivery time runs from the time the order confirmation email is sent by SCENTYS. Notification of shipment is given by email.

7.2.3 If different products will become available at different dates, the entire order will only ship once all products are available. If the client wants to receive available products immediately, the client must place two separate orders on the Website. In this case, delivery costs shall be applied separately to each order.

7.2.4 The client shall be notified of the modalities and costs of delivery when placing the order. Transport modalities and costs are final once the order is placed by the client on the Website.

7.2.5 For consumer and non-professional clients, in accordance with the provisions of the French Consumer Code, if our company fails to deliver the products within the timeframe initially indicated, the client can either notify us that they want to suspend all or part of their payment until the product is delivered, or enjoin us to deliver the products ordered within a reasonable time after the initial date via registered letter with acknowledgement of receipt. If the products are not delivered within this extended timeframe, the client can cancel the order, via registered letter with acknowledgement of receipt, except in cases of force majeure.

ARTICLE 8 – RECEPTION, CLAIMS AND RETURNS

8.1. A delivery is considered complete once the product is effectively made available to the client by the transporter, as evidenced by the tracking system used by the transporter.

The delivery order or transport document must be signed by the client or a person duly designated by the client. In the absence of a delivery order or transport document, the client must decline the delivery.

When receiving an order, the client should examine the product for damages, missing items, defects or any other visible damage or non-conformity of the products delivered with the order. This inspection should include a verification of the quantity and condition of the products delivered. The client must notably inspect the condition of the packaging, the number of packages, and the quantity, references, condition and characteristics of the products.

8.2. To lodge a complaint, the client must, within three (3) days of reception of the products, provide a detailed description of the anomaly by email sent to our client service at info@scentys.com.

The client must be able to provide justifications for the claims made and make every effort to allow SCENTYS or any person mandated by SCENTYS to observe them.

Claims accepted by SCENTYS will result in the product being exchanged or potentially refunded if the product is not available in stock.

8.3 Reshipment costs for product returned to our company are borne by the client.

To be accepted, the product returned must be in perfect condition and in its original packaging. No returns will be accepted without prior agreement, and it is the client’s responsibility to recover the products at their own expense, it being specified that once 15 days have passed since product recovery is requested, we reserve the right to dispose of or destroy the products without the client being eligible to request compensation.

ARTICLE 9 – RIGHT OF WITHDRAWAL

9.1 The right of withdrawal described in the present article 9 is reserved for consumer clients and professionals with fewer than five employees, for purchases not related to their primary business (hereinafter referred to together as “Protected Clients”).

9.2 Protected Clients have a right of withdrawal that they can exercise within fourteen (14) days starting the day after the delivery of the product or products or, if the product is ordered through a Subscription, within fourteen (14) days starting the day after the first product delivery. There is thus a period during which Protected Clients can return any product, without giving a reason, and request a refund with no fees being applied other than return shipping charges, for which they are still responsible.

Only products in their original condition and packaging, returned with all accessories and documents included in the original package, as well as their proof of purchase, can be returned under the right of withdrawal. However, the Protected Client will only be held liable for a loss of value of the products resulting from handling other than that required to verify the nature, characteristics and proper functioning of the products.

The Protected Client must notify SCENTYS, by letter sent to 12 rue de l’équerre, ZAC des Béthunes, 95310 – Saint Ouen l’Aumône, or by email sent to info@scentys.com, of their withdrawal decision via an unequivocal statement (for instance, registered letter with acknowledgement of receipt). The Protected Client may use the withdrawal letter template below.

In the event of withdrawal, SCENTYS will refund the client (price of the products and delivery fees) using the same payment method as the original transaction (unless otherwise expressly agreed with the Protected Client). The client will not bear any costs associated with such refund. The client must return the product no later than 14 days after notifying SCENTYS of the withdrawal decision. SCENTYS will cover return shipping costs for products shipped from mainland France (including Corsica and Monaco) at standard rates.

In all other cases, the Protected Client pays return shipping costs.

WITHDRAWAL FORM TEMPLATE

To the attention of the Client Service Department: SCENTYS, 12 rue de l’équerre, ZAC des Béthunes, 95310 Saint Ouen l’Aumône

I/We (*) hereby notify you of my/our (*) decision to withdraw from the contract for the purchase of the good (*)/for the purchase of the service (*) described below:

Ordered on (*)

Received on (*):

Name of client(s):

Address of client(s):

Signature of client(s) (only if notification submitted by letter):

Date:

(*) Delete as appropriate.’’––’

In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for products unsealed by the Protected Client after delivery if they cannot be returned for hygiene or health protection reasons.

ARTICLE 10 – COMMERCIAL AND LEGAL GUARANTEES

10.1. Provisions applicable only to Protected Clients for contracts signed after January 1, 2022

In the case of deliveries in France, SCENTYS is subject to the legal guarantee of conformity provided for in articles L. 217-3 to L. 217-20 of the French Consumer Code and that regarding defective products, under the terms set forth in articles 1641 to 1648 and 2232 of the French Civil Code, under the following conditions:

– Per the legal guarantee of conformity, the Protected Client has two (2) years from the date the products are delivered to take action against SCENTYS: the client is not required to provide proof of the existence of the lack of conformity of the good during the 24 months following delivery of the product. For products sold second-hand, the limit is 12 months.

– The Protected Client can choose to have the product repaired or replaced, subject to the cost conditions set forth in article L. 217-12 of the French Consumer Code. If the Protected Client opts to have the product repaired, the seller has 30 days to proceed. If the product is repaired under the legal guarantee of conformity, the Protected Client enjoys a six-month extension of the initial guarantee. If the Protected Client requests that the product be repaired, but the seller imposes a replacement instead, the legal guarantee of conformity is renewed for a period of two years starting from the date when the product is replaced.

– The Protected Client may be entitled to a reduced purchase price if the product is kept or may be able to terminate the contract, in cases where (i) the seller refuses to repair or replace the product, (ii) the repair or replacement occurs outside the 30-day window, (iii) the repair or replacement of the product causes significant inconvenience for the Protected Client, or (iv) the product remains non-conforming despite the seller’s attempt to bring it into compliance. The Protected Client also has the right to a reduced sale price or to terminate the contract if the non-conformity is so significant that it justifies an immediate price reduction or contract termination. The Protected Client is in this case not required to request the repair or replacement of the good ahead of time. The Protected Client does not have the right to cancel the sale if the non-conformity is minor.

– If the product is unavailable to the client for any period because it is being repaired or replaced, the time remaining on the warranty is suspended until such time as the repaired product is delivered.

– The legal guarantee of conformity applies independently of any commercial warranty covering the product.

The client may decide to invoke the warranty against hidden defects per article 1641 of the French Civil Code, choosing between termination of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

– The legal guarantee of conformity is notably governed by articles L. 217-3, L. 217-4 and L. 217-5 of the French Consumer Code found below:

– Article L. 217-3 of the French Consumer Code: “The seller shall deliver a good that complies with the contract and the criteria set out in article L. 217-5.

It is liable for non-conformities existing at the time of delivery of the good within the meaning of article L. 216-1, that occur within a period of two years from delivery.

In cases where the sale contract is for a good that contains digital elements:

1° When the contract calls for the continuous provision of digital content, or a digital service for a period or two years or less, or when the contract does not specify the length of service provision, the seller is liable for any non-conformity of said digital content or digital service that appears within two years of the date of delivery of the good;

2° When the contract calls for the continuous provision of digital content or a digital service for a period of more than two years, the seller is liable for any non-conformity of said digital content or digital service that appears during the period within which the good or service is delivered under the contract.

For such goods, the applicable deadline does not deprive consumers of their right to updates in accordance with the provisions of article L. 217-19.

The seller is also liable, within the same timeframes, for any non-conformity resulting from packaging, setup instructions, or installation if the seller is responsible for installation under the contract or installation is carried out under its responsibility, or if incorrect installation is due to omissions or mistakes in the setup instructions provided by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The statute of limitations period begins on the day the consumer becomes aware of the compliance defect.”

– Article L. 217-4 of the French Consumer Code: “The good conforms to the contract notably if it meets the following criteria, where applicable:

1° It corresponds to the description, type, quantity and quality, notably with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° It is fit for any particular use required by the consumer, of which the vendor was informed no later than at the time the contract was concluded and accepted by the latter;

3° It is delivered with all accessories and setup instructions that must be provided in accordance with the contract;

4° It is updated in accordance with the contract.”

– Article L. 217-5 of the French Consumer Code:

I.- In addition to the criteria for compliance with the contract, the good conforms if it meets the following criteria:

1° It is fit for the use that is usually expected of an item of the same type, taking into account, where appropriate, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, any specific codes of conduct applicable to the sector in question;

2° If applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded;

3° If applicable, the digital components included with the good are provided according to the most recent version available when the contract is concluded, except if the parties agree otherwise;

4° If applicable, the good is delivered with all accessories, including packaging, and the setup instructions that the consumer may legitimately expect;

5° If applicable, the good is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19;

6° The good corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, and safety, that the consumer may legitimately expect from goods of the same type, based on the nature of the item 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 labelling.

II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if it demonstrates that:

1° It was not aware of them and was not legitimately able to be aware of them;

2° At the time the contract was concluded, the public statements had been corrected in conditions comparable to the initial statements; or

3° The public statements could not have had any influence on the purchase decision.

III.- A consumer may not dispute item conformity by invoking a defect concerning one or more characteristics of the item if they were specifically informed that said characteristics deviated from the conformity criteria set forth in this article, and expressly and separately consented to such when concluding the contract.

Protected Clients may also decide to exercise the guarantee against hidden defects of the good sold within the meaning of article 1641 of the French Civil Code by choosing between termination of the sale or a discount on the sale price in accordance with article 1644 of the French Civil Code.

Article 1641 of the French Civil Code stipulates that “the seller is bound by the guarantee for hidden defects in the good sold that render it unfit for its intended use, or which limit the ability to use it as intended to the extent that the purchaser would not have bought it or would only have bought it for a lower price if they had been aware of the defects.”

Article 1648, paragraph 1 of the French Civil Code stipulates that: “Any legal proceedings resulting from hidden defects must be initiated by the purchaser within a period of two years of the discovery of the defects.”

For the aforementioned guarantees to apply, the Protected Client must inform us of the non-conformity or the existence of hidden defects in the products within the timeframes outlined above and return the defective products in the condition in which they were received, with all elements included, to: SCENTYS, 12 rue de l’équerre, ZAC des Béthunes, 95310 Saint Ouen l’Aumône. If the product is returned, the Protected Client must ensure that it is in the same condition as when the product was received and that all elements are returned with it (accessories, packaging, manual, etc.).

10.2. Provisions applicable only to non-protected clients

Where applicable, the content and duration of the commercial warranty for the products are indicated on the relevant product datasheets on the Website. We send the client the commercial warranty corresponding to the product purchased together with the purchase order. The commercial warranty begins on the date on the purchase order. All guarantees are excluded if a product is used improperly by the client, if faults or errors are entirely imputable to the client or a third party, and in cases of force majeure. The client also benefits from hold harmless clauses and a warranty against hidden defects (articles 1641 et seq. of the French Civil Code).

ARTICLE 11 – COMMUNICATION AND CONSERVATION OF THE CONTRACT

We can, upon request, provide the client with a copy of the product sale contract. We will retain a copy of the contract for a period of ten years from the product delivery date, and guarantee that it can be made available to the client during that period.

ARTICLE 12 – INTELLECTUAL PROPERTY

The elements shown on the Website, such as names, images, photographs, logos and any other distinctive signs present on the Website, are protected by trademark and/or copyright laws and/or design protection laws in France and abroad. Any unauthorized reproduction constitutes counterfeiting.

The general structure of the Website and all editorial content, images, audio, videos, multimedia elements, text, photographs, assembly instructions, icons, software, databases, catalogues and any other elements it contains are protected under copyright law, related rights and/or the sui generis right of the database producer, and by applicable international conventions. SCENTYS PRYSM BY SCENTYS, SCENTYS FRAGRANCE ON AIR and SCENTYS FRAGRANCE SYSTEMS are notably registered trademarks.

Products are protected under copyright and/or design protection laws.

Any trademarks and/or copyrights and/or designs that do not belong to SCENTYS and appear on the Website are the property of their respective owners.

Any unauthorized reproduction or representation, even partial, of the Website or any or all elements found on the Website, or of products, without the express prior written consent from the intellectual property right holder, constitutes counterfeiting.

ARTICLE 13 – PERSONAL DATA

The modalities governing the processing and collection of clients’ personal data are outlined in the Privacy Policy that can be found on the Website and which clients agree to read and accept.

ARTICLE 14 – OBLIGATIONS OF PARTIES USING THE WEBSITE

14.1. Any violation of the TAC by the client gives SCENTYS the right to close the client’s Account without prejudice to the damages SCENTYS could claim.

The client is responsible for activities conducted from the Account and agrees to comply with all laws and regulations when using the Website, including those governing the protection of personal data and intellectual property. Browsing on the Website is the sole responsibility of the client.

The client agrees to hold harmless and indemnify SCENTYS for any damages, complaints or demands from third parties following use of the Website, including legal and court fees.

14.2. SCENTYS commits, on a best-efforts basis, to make every effort to ensure the proper functioning of the Website and the accuracy of information shown. SCENTYS will strive to make the Website accessible continuously but is under no obligation to do so. SCENTYS may thus interrupt access to the Website, notably for maintenance, corrections or upgrades. Access may also be interrupted for any other reason, notably technical or legal. SCENTYS reserves the right to cease to publish and thus close the Website at any time.

ARTICLE 15 – LIMITATION OF LIABILITY AND WARRANTY

15.1 We are not responsible for the level of performance of the Website or modifications of the Website that may occur due to the quality of the Internet network and/or technical configurations.

Within the limits of the regulations in force, we are not responsible for the quality and compatibility of the Website with the specific ways it is used by clients.

We cannot be held liable for:

–     temporary unavailability of all or part of the Website due to corrections, updates or maintenance on the Website, or of any resulting prejudice for the client;

–     outages, errors, computer viruses that could interfere with continuous access to our Website or if a client’s computer equipment malfunctions after visiting the Website.

Therefore, SCENTYS cannot be held liable for direct or indirect damages that could be linked to the use of or access to its Website or to the downloading of elements stored on the Website (images, texts, video files, etc.).

15.2. The client agrees to follow the recommendations and instructions in the manuals for the products ordered and acknowledges that SCENTYS’s liability and guarantees will be excluded if damage occurs due to a failure to follow the instructions in a product manual. SCENTYS cannot be held liable for damages caused by the products.

Our liability is excluded if the products do not comply with laws in the country to which they are shipped and/or where they will be used, which it is the client’s responsibility to verify.

Our liability is also excluded if the products are used in a way that is not ordinary or goes against common rules of caution or recommendations for the use, storage and conservation of the products or the advice in the manuals, or in the event of faults or errors imputable to the client or to a third party.

If SCENTYS is liable, its liability is limited to the damages that are direct, personal, certain and foreseeable, to the exclusion of any indirect damages and/or prejudices, particularly any loss of business.

In all cases, our liability is limited to the order amount and we cannot be held liable for simple errors or omissions that may have been committed despite all reasonable precautions being taken in presenting the products.

SCENTYS will not be held liable for any breach of contract due to cases of force majeure.

ARTICLE 16 – PROOF

Unless proven otherwise, the data recorded by SCENTYS constitutes proof of all transactions. Communications and order confirmations are archived on a reliable and durable medium and may be produced as evidence between SCENTYS and the client.

The archived communications and order confirmations are binding between SCENTYS and the client, as are the automatic recording systems used on the Website, particularly when it comes to proving the nature and date of orders.

The client can request to see the contract entered into with SCENTYS by sending an email to info@scentys.com or by sending a letter to: SCENTYS, 12 rue de l’équerre, ZAC des Béthunes, 95310 – Saint Ouen l’Aumône, providing all relevant information including the order number and their contact information.

ARTICLE 17 – MEDIATION FOR CONSUMER CLIENTS

In the event of a dispute, the client must address the concerns to our company to seek an amicable solution, by contacting our client service, in the Client Service section of the Website.

If the claim is not resolved with the Client Service or in the absence of a response within two (2) months, the consumer client may have recourse to a consumer mediator in order to seek an amicable solution to the dispute per the terms set forth in part 1, book VI of the French Consumer Code, or to any alternative means of dispute resolution.

For SCENTYS, the competent mediator is Association des Médiateurs Européens (AME), 11 Place Dauphine, 75001 Paris, 09.53.01.02.69, https://www.mediationconso-ame.com/.

ARTICLE 18 – OPPOSITION TO DIRECT MARKETING

A consumer client who does not wish to receive direct marketing calls can add their name to the French government’s do not call registry, either online at bloctel.gouv.fr, or by sending a letter to Service Bloctel, 6 Rue Nicolas Siret – 10000 TROYES.

ARTICLE 19 – APPLICABLE LAW – LANGUAGE OF THE TAC – DISPUTES

Only the French language version of the TAC is legally binding.

The TAC, orders placed in application thereof, and relations with Website users and clients are governed by French law. The TAC are executed and interpreted in accordance with French law.

If a dispute arises regarding the validity of the TAC, or the interpretation, execution, termination, consequences and repercussions thereof, SCENTYS and the client will strive to settle the dispute amicably.

FAILING AN AMICABLE AGREEMENT BETWEEN THE PARTIES, DISPUTES BETWEEN OUR COMPANY AND MERCHANT CLIENTS WILL BE BROUGHT EXCLUSIVELY BEFORE THE COMPETENT COURT IN PARIS, EVEN IN THE EVENT OF URGENT PROCEEDINGS, PROCEEDINGS INVOLVING MULTIPLE DEFENDANTS, INCIDENTAL CLAIMS OR THIRD PARTY PROCEEDINGS.