TERMS AND CONDITIONS

ARTICLE 1. GENERAL

1. SCENTYS, a simplified single shareholder company doing business as SCENTYS, with share capital of €467 806.60 and headquartered at 35 boulevard des Capucines 75002 PARIS France, registered with the Paris Trade and Companies Register under number 478 525 009 (hereinafter referred to as “the Company”), as publisher of the www.scentys.com website (hereinafter referred to as “the Website”), allows Internet users to access to its specific online store, www.scentys.com/fr/boutique, to purchase diffusers and fragrance capsules.

2. For any order placed on the Website, it is assumed that the present Terms and Conditions (TAC) have been read and agreed to.

3. The buyer has the right to save and print the present TAC using standard browser or computer functions.

4. The buyer acknowledges having received all necessary information about the use of the online store and the quantitative and qualitative characteristics of the products.

5. The buyer acknowledges being fully informed that acceptance of the content of the present TAC does not require a written signature on this document.

6. The buyer agrees to the present TAC when ordering a product – no orders can be placed without such agreement.

7. The buyer also declares that products purchased will not be used directly for professional reasons as they are reserved exclusively for personal and private use, not professional use.

8. As a consumer, the buyer has specific rights that could be compromised if the products purchased on the Website are used in a way that relates to their professional life.

9. The buyer declares that he or she is of legal age and has the full legal capacity to agree to the present TAC.

10. Good faith

101. The parties agree to fulfil their obligations in good faith.

11. Tolerance

111. The parties mutually agree that one party tolerating a situation does not grant the other party any rights.

112. Nor can such tolerance be interpreted as a waiver of any rights.

12. Headings

121. If any interpretation issues arise due to a contradiction between the headings of the different clauses and the clauses themselves, the headings will be deemed inexistent.

13. Nullity

131. In the event that one or more provisions of the present TAC are found invalid or held to be such by the enforcement of a law or regulation or due to a legal ruling handed down by a competent court, the other provisions shall retain their full force and scope.

14. Completeness

141. The present TAC include all obligations of the parties.

ARTICLE 2. PURPOSE

15. The www.scentys.com website is an e-commerce site accessible via the internet and/or mobile networks. Any adult who goes to the Website can purchase diffusers and fragrance capsules on it.

16. The present TAC are intended to provide information to any potential buyers about the terms and conditions under which products are sold on the SCENTYS website and orders are delivered, and also to define the rights and obligations of the buyer and the Website as they relate to sales of the aforementioned products between the latter.

ARTICLE 3. ONLINE INFORMATION

17. SCENTYS provides descriptions of products sold on the Website in product factsheets. Careful attention is paid to the posting of information notably about the main characteristics of the products offered for sale, warranties and payment and delivery terms prior to the placement of orders.

18. SCENTYS shall not be held liable for the misuse of the information provided or the potential consequences of such misuse, particularly in terms of decisions that could be made or actions undertaken based on that information.

19. In this regard, the buyer is solely responsible for the use of the information presented.

ARTICLE 4. CREATING AN ACCOUNT

20. Before placing an order on the Website, the buyer must create an account and select a user name and password for that account (hereinafter “the Account”).

21. The Account is set up online, at no charge. It is based on a declarative procedure involving the buyer entering personal information (first and last names, mailing address and email, telephone number, birthdate). The buyer must provide all required information and update it regularly (by going to the “Your Account” menu on the Website).

22. Accounts can normally be accessed 7 days a week and 24 hours a day, except in cases of force majeure, technical or information technology problems, or in the event of telecommunications difficulties outside the control of SCENTYS.

23. As an exception to the above, SCENTYS reserves the right to temporarily shut down the Website or suspend access to Accounts when maintenance is performed.

ARTICLE 5. ORDERS

24. Selection of products

241. The buyer is aware of the type and purpose of products available on the Website and can thus make an informed choice when placing an order. It should be noted that only capsules made by our Company are designed for use in our diffusers, and each Customer acknowledges and formally accepts this. Consequently, when using the products, the Customer agrees not to use capsules manufactured by a Third Party. The Company assumes no liability in the event that capsules not in conformity with this article are used.

Fragrances sold by the Company are optimized for use with its diffusers. The Company assumes no liability if fragrance capsules are altered.

25. Product availability

251. If all or some products are unavailable after an order is placed, the buyer can get more information about the order on the user account, under the “Order history and details” menu.

252. If an order is cancelled in full or in part:

•    The buyer will be reimbursed the cost of the product(s) not available as quickly as possible and no later than fourteen (14) days after payment is made for the product(s) in question.

•    Reimbursement will be through the same means of payment as that used by the buyer when the order was placed (bank card).

•    The Website will contact the buyer via email to provide information about the full or partial cancellation of the order and to propose placing a new order.

26. Contract procedure

261. The contract procedure involves the following steps:

Step 1: Go to the Website and identify yourself with the user name and password created when setting up your Account;

Step 2: Select the product(s) you would like to order;

Step 3: Accept the disclaimers regarding online purchases;

Step 4: Confirm the contents of your basket and select the delivery method and address;

Step 5: Accurately complete the form with your personal data including all required fields, particularly First Name, Last Name, Telephone Number, Billing Address and Delivery Address if home delivery is selected;

Step 6: Review order contents and all information provided;

Step 7: Choose payment method and accept the following:

Before placing my order, I have read and accept the TAC and I acknowledge that payment is required with the placing of this order.

27. Order placement

271. A buyer creates an order by placing items in a basket.

272. Any order accepted by the buyer constitutes acceptance of said order and the present TAC.

28. Confirmation of contractual information

281. The order will be confirmed via email as quickly as possible.

282. Confirmation notices will notably mention the following contractual information:

•    the place where the buyer can pick up the product(s) or the delivery address provided by the buyer;

•    the payment method and total amount of the payment.

29. Reception of the product(s) at home or at any other address provided by the buyer:

a. Delivery arrangements

291. Once the order has been processed, it is sent to the mailing address the buyer provided as the delivery address when the order was placed.

292. Products are delivered by SCENTYS. For additional information about delivery arrangements, please see our website: www.scentys.com.

b. Delivery times

293. Orders placed for delivery in France are shipped within 72 hours (business days only) of the day the order is placed.

294. Products are delivered within ten (10) business days of the date the order is confirmed. Sundays and bank holidays are not considered business days. (France: 10 days, Europe: 4 days, World: 5 days)

295. If products are not delivered within this period, the buyer can cancel the order as provided for in the “late delivery” article of the present TAC.

c. Late delivery

296. If the delivery deadline mentioned above is not met, the buyer has the right to terminate the order by sending an email with acknowledgement of receipt to Customer Service at the following address - assistance@scentys.com - or mailing a letter by registered post with proof of receipt to SCENTYS, at 35 boulevard des Capucines, 75002 Paris, France.

297. The buyer shall be reimbursed all amounts paid via the same payment method used within fourteen (14) days of receipt of the termination notice, to the exclusion of any other indemnification.

298. Each delivery is considered complete when the product(s) are made available to the buyer by the delivery person.

299. The buyer is responsible for immediately verifying, upon receipt of delivery, that all products are included in the order and not damaged.

300. Any anomaly or reservation identified by the buyer at the time of delivery (particularly late delivery, missing or damaged product) must be notified, with details provided, to customer service at the following address: assistance@scentys.com.

30. Prices

301. Prices quoted are in euros and reflect all taxes applicable in mainland France. They include value added tax (VAT) as of the order date.

302. Prices applicable are those displayed on the Website on the day the buyer confirms the order.

303. The Company can change the price of its products at any time. The buyer will be notified of any such changes prior to placing an order.

304. If a tax or contribution is created or amended, it will be passed through to selling prices and the resulting increase or decrease will be included in product prices on the Website and sales documents.

305. It should be noted that any promotions in the form of offer codes are subject to special terms of use of which the buyer is informed.

31. Storage - Archiving

311. Written documents pertaining to orders of one hundred twenty (120) euros or more are kept for a period of ten (10) years from the product delivery date. Access to these documents is guaranteed at any time over this period.

312. The aforementioned documents shall be preserved in digital or paper form.

313. The buyer can request a copy of these documents during the aforementioned period at the following address: assistance@scentys.com.

32. Payment method

321. Orders must be paid immediately on the Website.

322. Orders can be paid via bank card or PayPal.

323. The Company reserves the right to suspend and/or cancel the fulfilment of any order, regardless of its type and level of fulfilment, (i) in the event of non-payment or partial payment of the amount due by the buyer, (ii) in the event of a payment incident, or of fraud or attempted fraud relating to the use of the Website, (iii) if the original order is not presented, or (iv) in the event of an ongoing dispute with the buyer.

324. The order only becomes final when it has been confirmed via payment by the buyer, it being specified that payment by bank card triggers an automatic debit request and that denial of such request for any reason results in the cancellation of the order. The buyer will be informed of the denial in that case.

ARTICLE 6. OWNERSHIP

33. SCENTYS retains full ownership of the products sold until they are paid in full, including any taxes or mandatory contributions due.

ARTICLE 7. WARRANTY

34. Any information regarding potential warranties on products offered for sale (notably the duration, terms and special conditions of the warranty depending on the product or brand) will be made available online.

35. In addition to any such warranties, the Company is liable for product non-compliance with the contract and hidden defects as provided for in articles 1641 to 1649 of the Civil Code.

36. If the product is defective, the buyer must return it to the Company within two years, in its original packaging, at the following address: Scentys, 35 boulevard des Capucines 75002 Paris - France; and describe in a letter sent by registered post how the product is defective. Costs associated with returning the product are borne by the seller. The seller will replace or repair the product(s) within one month..

37. The warranty is void if the product is damaged due to external causes or misuse by the buyer, for instance if the product is used in a way that does not follow the manufacturer’s instructions, the instruction booklet, if it is used in a way that is detrimental to the proper storage of the product, or it is used in a commercial or collective setting.

ARTICLE 8. LIABILITY

38. The Company cannot be held liable if it fails to fulfil its obligations due to the actions of a third party or the buyer, or due to an event deemed to fall under force majeure as defined in French law.

39. Likewise, the Company cannot be held liable for any inconvenience or harm resulting from the use of the Internet, particularly a breach in service, outside intrusion or the presence of a computer virus.

40. The Company cannot be held liable for misuse of the product by the buyer.

ARTICLE 9. RIGHT OF CANCELLATION

41. The buyer has fourteen (14) clear days starting on the day the order is received to exercise a right of cancellation without providing a reason or paying penalties.

42. Products must be returned to the Company in their original packaging within fourteen (14) days of the cancellation request, at the buyer’s expense. The products must be sent with a copy of the receipt, bank account information and the cancellation form filled in and signed by the buyer. If the 14th day falls on a Saturday, Sunday or bank holiday or nonworking day, the deadline is extended to the next business day.

The cancellation form can be downloaded by clicking on this link. It should be sent to the Company at the following address: Scentys, 35 boulevard des Capucines, 75002 Paris - France.

43. A buyer exercising a cancellation right will be reimbursed the amount paid for the items returned (including delivery fees where applicable) by bank transfer within fourteen (14) days of reception of the products by the Company.

44. Pursuant to article L. 121-21-8, 5° of the Consumer Code, for hygienic reasons and product storage concerns, the buyer cannot exercise a termination right if the product packaging has been opened.

In all cases, the Company will not reimburse the buyer if the products have been degraded by the buyer or if products are missing.

ARTICLE 10. PERSONAL DATA

45. Gathering and processing of personal data

451. In accordance with the law of 6 January 1978 on information technology, data and civil liberties, as amended, the buyer is notably informed that data collected will be used by the Company, and possibly the transporter, for:

•    the management and tracking of the registration on the Website and the customer relationship;

•    the management and tracking of orders and payment and delivery of products;

•    behavioral segmentation;

•    marketing purposes.

452. In the forms on the Website, fields with an asterisk next to them are required. If they are not filled in, access to and registration on the Website and the processing of orders could be affected or impossible.

453. Some data collected may be shared with the Company’s commercial partners for marketing purposes subject to explicit prior consent from the buyer.

454. The buyer has the right to access, question and rectify personal information, implying a right, where appropriate, to have his or her personal data rectified, completed, updated, blocked or deleted.

455. The buyer also has the right to oppose the processing of data collected for valid reasons and the right to oppose the Company’s use of that data for marketing purposes.

456. These rights can be exercised by writing to the following address: assistance@scentys.com

457. The buyer has the right, after submitting a request in writing along with a copy of official ID, to receive a copy of information about the processing of data pertaining to him or her.

46. Cookies 

461. Buyers are informed that, subject to prior agreement, cookies may be placed on their browsing device.

462. Cookies are blocks of data used to store information about the buyer’s browsing on the Website and notably to indicate that the buyer has used the Website and enable access to the shopping area.

463. Cookies are used to store status information when a browser goes to different pages of the Website or returns to the Website at a later time.

464. Some cookies are intended solely to enable or facilitate electronic communications.

465. Others are required only to provide an online communication service at your explicit request.

466. Lastly, when a user visits the Website, the Company collects information about the connection and the visitor’s behavior for statistical purposes (number of visitors, pages visited).

467. This information cannot be used to identify users directly. In particular, it does not permit linkage between the personal data required of you, for instance on forms on the Website, or when you connect to your space, and the data required for statistical reasons, that would allow you to be identified.

468. The Website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”).

469. The data generated by cookies regarding use of the Website (including IP addresses) will be sent to and stored by Google on servers located in the United States. Google companies adhere to the Safe Harbor principles and ensure adequate protection of data (Decision 2000/520/EC of 26-7-2000).

470. Google uses that information to analyze use of the Website, to compile reports on Website activity for its publisher, and to provide other services pertaining to Website activity and Internet use.

471. Users may go to http://tools.google.com/dlpage/gaoptout to decline to have Google Analytics cookies installed on their browsing device.

472. Please note that if you decline the placement of cookies, an opt-out cookie is placed on your browsing device. If you remove that opt-out cookie from the device, it will no longer be possible to identify you as a user who opted out. Likewise, when you agree to the placement of cookies, an opt-in cookie is installed. Opt-in and opt-out cookies should be left on your device.

473. Your browser settings indicate the presence of cookies and it may be possible to use them to opt out by selecting the appropriate browser settings (configuration is different with each browser).

474. Deactivation may prevent the user from using some of the Website’s functionalities.

475. The buyer has the right to access and remove personal data communicated via cookies as described above.

ARTICLE 11. AGREEMENT ON EVIDENCE

48. The computerized records stored in the information systems will be preserved in a reasonably secure way and considered as proof of communications, orders and payments between the parties. They are prima facie evidence until proof of the contrary is offered.

49. The archiving of orders and invoices is done on a reliable and durable medium that can be produced as proof.

ARTICLE 12. APPLICABLE LAW - DISPUTES

50. These TAC are governed by French law.

51. This applies to substantive and procedural principles, regardless of the location where the fundamental or subsidiary obligations are performed.

52.  Any disputes relating to the scope, existence, validity, interpretation or application of the present agreement will be settled amicably between the parties or, failing that, by the competent courts.

53. In all cases, the buyer can have recourse to conventional mediation, particularly with the consumer mediation commission or existing sector-specific mediation bodies, or any alternative means of settling disputes (conciliation, for instance) should one arise.