TERMS AND CONDITIONS OF SALE 

FOR CONSUMERS AND NON-PROFESSIONALS 

Effective September 22, 2020

ARTICLE 1 – SCOPE

These general terms and conditions of sale (hereinafter TAC) apply to all contracts entered into by SCENTYS, a simplified single shareholder company with share capital of 470,806.60 euros, registered with the Paris Trade and Commerce Register under number 478 525 009, headquartered at 35 Boulevard des Capucines – 75002 Paris (hereinafter “SCENTYS”), and a consumer or non-professional as defined in the introductory article of the French Consumer Code (hereinafter the “CUSTOMER”), for the purchase of one or more products offered for sale by SCENTYS (hereinafter “Products”) on the Website found at: https://www.scentys.com (hereinafter the “Website”).

Derogations from these conditions not expressly accepted by SCENTYS are unenforceable. The Website may only be used by those who are legally allowed to place an order on the Website, and the cost of the internet connection and equipment required to access the Website are the responsibility of the CUSTOMER. SCENTYS reserves the right to make change to these TAC, the applicable version being the one in effect the day the CUSTOMER places an order on the Website. 

ARTICLE 2 - PRESENTATION OF PRODUCTS

The 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 provide the CUSTOMER with the best possible information. However, the photographs and graphics shown are not contractual and do not give rise to liability for SCENTYS. Photographs are provided for illustration purposes. CUSTOMERS should refer to the description of each Product for information about its specific characteristics. If CUSTOMERS have questions or want additional information, they should contact SCENTYS customer service by telephone at (33)(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, and the CUSTOMER cannot seek any compensation for such changes.

 

ARTICLE 3 - ACCOUNT

3.1. Creation of an Account. To place an order on the Website, the CUSTOMER must first create a personal account (hereinafter the “Account”) and during that process the CUSTOMER is required to provide personal data including an email address. The CUSTOMER must ensure that the email address provided is valid and verify their filter settings to ensure that emails from SCENTYS are not considered spam.

All information provided by the CUSTOMER to SCENTYS must be exact, complete, and up-to-date. CUSTOMERS must log onto their account to update their information every time their situation changes. Accounts and personal data are managed on the Website.

The CUSTOMER must review and accept SCENTYS’S Privacy Policy, available on the Website, regarding the processing of personal data.

3.2. Account management and security. When creating an Account, the CUSTOMER must select a password that identifies the user and enables a faster connection when using the Website in the future. The CUSTOMER agrees to create a password that is personal and confidential. To keep the Account secure, the CUSTOMER agrees to:

  • Not disclose the password to a third party;
  • Take all necessary precautions to prevent third parties from accessing the Account;
  • Take necessary steps to keep third parties from accessing the Account even without the CUSTOMER’S knowledge;
  • Not give access to the Account to a third party (the lending, sharing, exchanging, giving, purchase, transfer and sale of Accounts is prohibited and renders 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 CUSTOMER via the email address provided.

 

The CUSTOMER is responsible for keeping the password confidential and for its use. The CUSTOMER alone is responsible for the use of the Account. Any connection or data transmission done using the CUSTOMER’S password shall be considered to have been done by the CUSTOMER and under the CUSTOMER’S responsibility.

To protect the personal and confidential nature of Account access, logging out at the end of each session is recommended.

If the Account and/or password is used fraudulently, or if the password is lost or stolen, the CUSTOMER should immediately notify SCENTYS.

If the password is forgotten, the CUSTOMER 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 CUSTOMER alone is responsible for the security of their Account and SCENTYS cannot be held liable for any damages incurred by the Account or computer resulting from the loss or sharing of the Account logins and passwords.

The CUSTOMER is responsible for purchases made on the Account and is presumed to be the purchaser.

 

ARTICLE 4 – ORDER

4.1. Terms applicable to all Product orders on the Website.

A CUSTOMER must have an account to order Products on the Website.

The CUSTOMER alone is responsible for Product selection and purchases, and particularly for deciding if the Product suits their needs. The CUSTOMER will be shown an order summary before confirming the order on the Website and making a payment. If there is an error in the order, it can be modified. It is the responsibility of the CUSTOMER to verify the accuracy of the order (such as the quantity and models ordered, fragrance selected).

By confirming the order, the CUSTOMER accepts without any reservation these TAC, and acknowledges having read and accepted them by checking the box “I have read and accept without reservations the terms and conditions of sale.”

The order is firm once the CUSTOMER has confirmed it by clicking on the button “Confirm order and pay,” without prejudice to consumer CUSTOMERS’ right to cancel under the terms set forth in article 9 of these TAC. Once the order is confirmed, SCENTYS will acknowledge receipt by email.

If the Product ordered has become unavailable, the CUSTOMER will be notified as soon as possible. The order can then be cancelled. A new delivery date may also be proposed to the CUSTOMER subject to the Product becoming available again.

 

4.2. Recurring orders (Subscription)

4.2.1. Modalities. The CUSTOMER may select the recurring orders service to automatically receive on a quarterly basis (every three months), starting when the service is activated, the Products selected for the first order, or a subsequently modified order, as recorded in the “Your Subscriptions” personal area on the Website. Only packs of two capsules from the permanent collection are eligible for the recurring orders service (hereinafter the “Subscription”). SCENTYS notifies the CUSTOMER by email when the Subscription service is activated.

SCENTYS sends to the CUSTOMER, twelve (12) days before the order is set to renew, an email specifying the order renewal date and the content of the next order, and, where appropriate, inviting the CUSTOMER to modify the Subscription by going directly to their “Your Subscriptions” area on the Website. The CUSTOMER may, at any time up until five (5) days before the order renewal date, modify the Subscription (day of order renewal, Products ordered or quantity), or suspend or terminate the Subscription. A summary of the order, modified where applicable, will appear in the CUSTOMER’S personal area, “Your Subscriptions”, accessible via the Website. Within five (5) days of the order renewal date, the upcoming order cannot be modified, canceled or suspended, and SCENTYS will acknowledge receipt of the renewed order via email, summarizing the contents of the order and amount due, and debit the purchase amount, without prejudice to the consumer CUSTOMER’S right to cancel the order under the terms set forth in article 9 of the TAC. A modification to a Subscription made less than five (5) days before the order renewal data shall only be applied to the following order, i.e. the following quarter.

4.2.2. Suspension. The CUSTOMERmay suspend the Subscription at any time, for all or a portion of the Products recorded in their Account, by going directly to the “Your Subscriptions” area on the Website. The suspension will only apply to the next order if the request is made at least five (5) days before the order renewal date.

4.2.3. Cancellation. The CUSTOMER may terminate the Subscription at any time, for any reason, by going directly to the “Your Subscriptions” personal area on the Website. A subscription cancellation requested less than five (5) days before the order renewal date will only be applied to the following order, i.e. the following quarter.

 

ARTICLE 5 – PRICES

Product prices are indicated on the Website in euros and include all taxes (French VAT and other applicable taxes).

The prices shown do not include potential shipping fees (see article 7, “PRODUCT DELIVERY”, in the TAC).

SCENTYS reserves the right to change Product prices without prior notice. The applicable prices are the ones on the Website at the time the order is confirmed by the CUSTOMER.

 

ARTICLE 6 – PAYMENT

Payments are made in euros and in full on the day the CUSTOMER places the order. Several payment methods are possible including:

  • Bankcard (debit card, MasterCard, Visa) via the SYSTEMPAY and STRIPE payment modules: payment is processed through the bank’s secure server using SSL (Secure Sockets Layer) technology. Therefore, none of the CUSTOMER’S bank information is routed through the Website. The Systempay payment module ensures perfect transaction security. In other words, payments by bankcard are perfectly secure. The CUSTOMER’S order is recorded and validated once the bank accepts the payment. As soon as the accepted payment is received by the bank, the Product ordered is shipped to the CUSTOMER by SCENTYS. If the payment is rejected by the bank, the order is automatically cancelled.
  • Payment via PAYPAL: The CUSTOMER can pay with a debit or Visa or MasterCard using their PayPal account without providing their bankcard information to SCENTYS. The CUSTOMER must be duly authorized to pay for the order with the payment card used and must guarantee that there are sufficient funds available on the card to cover all costs resulting from the order.

The CUSTOMER’S order is registered and validated once the payment is accepted by the bank. As soon as the payment is accepted by the bank, the Product ordered is shipped to the CUSTOMER by SCENTYS. If the payment is rejected by the bank, the order is automatically cancelled.  

Payments for orders placed through a Subscription are made exclusively by bankcard. The CUSTOMER’S bankcard will be automatically debited with each renewed order. If there are insufficient funds to be drawn, SCENTYS will suspend delivery until payment is effectively received.

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

 

ARTICLE 7 – PRODUCT DELIVERY

7.1. Home delivery. Products, other than those ordered through a Subscription, can be delivered in mainland France, Corsica and Guadeloupe (excluding the French overseas territories) and in the following countries: Germany, Austria, Belgium, Bulgaria, Canada, China, Cyprus, Croatia, Denmark, United Arab Emirates, Spain, Estonia, United States, Finland, Greece, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Qatar, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland, Turkey and Ukraine. Products ordered as part of a Subscription can only be delivered in mainland France.

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

The CUSTOMER must expressly indicate all information useful for the delivery, such as access codes, floor and building. If it is difficult to gain access to the 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 CUSTOMER is responsible for the address provided to SCENTYS. The information entered must be clear, precise and complete, notably the number of the building or locality, to allow delivery under normal conditions. The CUSTOMER states and must have verified that the Product can be effectively delivered to the delivery site with no special equipment required. SCENTYS cannot be held liable for any delivery delays or returns due to an erroneous address or the inability of the transporter to deliver the order to the address provided. To optimize delivery, the CUSTOMER 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 CUSTOMER’S mailbox, excluding any delivery above the ground floor. If the CUSTOMER is absent at the time of delivery, a delivery notice will be left. If the address provided is incorrect, the package is refused, the Products cannot be delivered or if the CUSTOMER fails to collect an order, the Products will be shipped back to SCENTYS. They can subsequently be delivered again at the CUSTOMER’S request, and additional shipping fees will be charged based on the geographic area to which the order is delivered.

 

7.2. Shipping fees and delivery times. The CUSTOMER is made aware of shipping fees and delivery times before the order is confirmed. Fees are indicated in euros including all taxes.

Excluding Subscription services, there is no charge for shipping in mainland France or European Union countries for orders of 50 euros or more inclusive of tax. For Products ordered through Subscriptions, shipping is free if at least two (2) packs of two (2) fragrance capsules are delivered on the same day, i.e. for orders of at least 22.90 euros including tax x 2 = 45.80 euros including tax.

A CUSTOMER seeking a delivery outside the geographic zone described above must request an estimate from SCENTYS, which reserves the right to refuse to organize the delivery based on the destination. For deliveries outside mainland France, the CUSTOMER agrees to pay all import taxes, customs duties, value added taxes, and any others taxes due in accordance with the laws applicable in the country to which the order is shipped.

Delivery time runs from the time the order confirmation email is sent by SCENTYS. Notification of all shipments is given by email.

If different Products ordered are available at different dates, the order will only ship once all Products are available. To receive the available Products immediately, the CUSTOMER must place two separate orders on the Website. In this case, shipping fees will be applied to each order shipped.

In accordance with the provisions of article L.216-2 of the French Consumer Code, if the Products ordered are not delivered by SCENTYS within the indicated timeframe, the CUSTOMER may enjoin SCENTYS to deliver the Products ordered within a reasonable additional timeframe, by registered letter with acknowledgement of receipt. If the Products are not delivered within this new timeframe, the CUSTOMER may cancel the order by registered letter with acknowledgement of receipt, except in cases of force majeure.

SCENTYS reserves the right to change transportation arrangements and shipping rates without prior notice. However, transportation arrangements and shipping rates become final once the CUSTOMER confirms an order on the Website.

 

ARTICLE 8 – RECEPTION, CLAIMS AND RETURNS

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

Any Product delivered by SCENTYS must be delivered with a delivery order or transport document. The delivery order or transport document must be signed by the CUSTOMER or a person duly authorized by the CUSTOMER. In the absence of a delivery order or transport document, the CUSTOMER refuses delivery of the Product.

When receiving an order, the CUSTOMER should examine the Product for damages, missing items, defects or any other visible damage or non-compliance of the Products delivered with the order. This inspection should include a verification of the quantity and condition of the Products delivered. The CUSTOMER 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 CUSTOMER must, within three (3) days of delivery of the Products, provide SCENTYS customer service with a detailed description of the anomaly by email, at: info@scentys.com.

The CUSTOMER 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 in stock.

Return shipping fees are borne by the CUSTOMER. SCENTYS will nonetheless refund those fees for returns that are accepted.

For a return to be accepted, the Product returned must be in perfect condition and in its original packaging. No returns will be accepted without prior agreement.

 

ARTICLE 9 – RIGHT OF WITHDRAWAL FOR THE CUSTOMER

The consumer CUSTOMER, to the exclusion of the non-professional CUSTOMER as defined in the introductory article of the French Consumer Code, has the right of withdrawal that can be exercised within fourteen (14) days starting on the day the contract is signed or the date the consumer CUSTOMER or a third party other than the transporter duly designated by the CUSTOMER takes physical possession of the Product. There is thus a period during which the consumer CUSTOMER can return the Product, without giving a reason, and request a refund with no penalty except the return shipping fees, which are borne by the CUSTOMER.

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 consumer CUSTOMER is only responsible for a loss of value on of the Products resulting from handling other than what is required to verify the nature, characteristics and proper functioning of the Products.

The CUSTOMER must notify SCENTYS, by letter sent to 7 Chemin de Saint Hilaire, 95310 Saint Ouen l’Aumône, or email sent to info@scentys.com, of the decision to withdraw from the contract via an unequivocal statement (for instance sent by registered letter with acknowledgement of receipt). The CUSTOMER may use the withdrawal letter template below or the withdrawal form in PDF format (click ici to open it).

In the event of withdrawal, SCENTYS will refund the CUSTOMER (price of the Products and shipping) using the same payment method as the original transaction (unless otherwise expressly agreed by the consumer CUSTOMER). The CUSTOMER will not bear any costs associated with this refund. The CUSTOMER must return the Product to SCENTYS within fourteen (14) days of notifying SCENTYS of the decision to withdraw from the contract. SCENTYS will assume return shipping costs for Products shipped from mainland France (including Corsica and Monaco) at standard rates. In all other cases, the CUSTOMER will pay return shipping costs.

 

WITHDRAWAL FORM TEMPLATE

To the attention of the Customer Service department: SCENTYS, 7 Chemin de Saint Hilaire, 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 customer (s):

Address of customer (s):

Signature of customer (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 consumer CUSTOMER after delivery and which cannot be returned for hygiene or health protection reasons.

 

ARTICLE 10 – STATUTORY WARRANTY OF CONFORMITY AND WARRANTY FOR HIDDEN DEFECTS

For orders delivered in France, SCENTYS is bound by the statutory warranty of conformity set forth in articles L. 217-4 to L. 217-14 of the French Consumer Code with regard to contractual relations between SCENTYS and the consumer CUSTOMER, as defined in the introductory article of the French Consumer Code, and with regard to defects in the good sold, under the terms set forth in articles 1641 to 1648 and 2232 of the Civil Code, as follows:

It should be recalled that the statutory warranty of conformity gives the consumer CUSTOMER two (2) years from the time the Products are delivered to make a claim vis-à-vis SCENTYS: the CUSTOMER may opt for the repair or replacement of the Product, subject to certain cost conditions set forth in article L. 217-9 of the French Consumer Code, and is exempt from providing proof of the existence of the compliance defect in the Product within 24 months of the Product being supplied. The deadline is six months for pre-owned Products sold.

The statutory warranty of conformity applies independently of any commercial guarantee under which the Product may be covered.

The CUSTOMER may decide to invoke the warranty for hidden defects, in accordance with article 1641 of the Civil Code, by choosing between a cancellation of the sale or a price reduction in accordance with article 1644 of the Civil Code.

The statutory warranty of conformity is notably governed by articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code, which are reproduced below:

Article L. 217-4 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. It is also liable for any compliance defects resulting from the packaging, assembly instructions or installation when these were the seller’s responsibility under the contract or were performed under the seller’s responsibility.

Article L. 217-5 of the French Consumer Code: “The goods are considered to conform to the contract if:

1° They are fit for the purpose usually assigned to such goods and, where applicable, if they:
- correspond to the description given by the seller and possess the qualities the seller presented to the buyer in the form of a sample or model;

- possess the qualities a buyer can legitimately expect based on the public statements made by the seller, the manufacturer or its representative, notably via advertising or labeling;

2° Or if they possess the characteristics jointly defined by the parties or are suited for any special uses planned by the buyer, which the seller was made aware of and agreed to.

Article L. 217-12 of the French Consumer Code: “Action resulting from a compliance defect is limited to two years after delivery of the good.”

Article L. 217-16 of the French Consumer Code: “When the purchaser asks the seller, during the period of the commercial guarantee granted upon purchase or repair of moveable property, to perform a repair covered by the warranty, any period during which the property is unavailable for at least seven days is added to the remaining warranty period. Such period begins to run when the buyer requests the intervention or when the property in question is presented for repair, if such presentation occurs after the request for intervention.”

The CUSTOMER may also decide to invoke the warranty against hidden defects in the good sold within the meaning of article 1641 of the Civil Code, choosing between termination of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

Article 1641 of the Civil Code provides that “The seller is held to a warranty against hidden defects in the thing sold which render it unsuitable for the use for which it is intended, or which so diminish such use that the buyer would not have purchased it, or would have only paid a lesser price for it, if aware of them.”

Article 1648, subparagraph 1 of the Civil Code stipulates that: “The limitation period for the buyer to bring a claim over hidden defects is two years from the discovery of the defect.”

For the aforementioned warranties to apply, the CUSTOMER must notify SCENTYS of the non-conformity of or existence of hidden defects in the Products within the time limits above and return the defective Products to SCENTYS in the same condition in which they were received, along with all elements, to: SCENTYS, 7 Chemin de Saint Hilaire, 95310 Saint Ouen l’Aumône. If a Product is returned, the CUSTOMER must ensure that it is in the same condition as when it was received with all elements included (accessories, packaging, manual, etc.).

ARTICLE 11 – COMMUNICATION AND CONSERVATION OF THE CONTRACT

SCENTYS may, upon request, provide the Customer with a copy of the Product sale contract. SCENTYS will retain a copy of the contract for a period of ten years (10) years from the date of delivery of the Product, and can make it available to the CUSTOMER at any time.

 

ARTICLE 12 – INTELLECTUAL PROPERTY

The elements published 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 will be seen as violating anti-counterfeiting laws and subject to civil and criminal action. 

The general structure of the Website and all the editorial content, images, audio, videos, multimedia elements, texts, 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 law and/or design protection laws. Any unauthorized reproduction, even partial, will be seen as violating anti-counterfeiting laws and subject to civil and criminal action. 

The trademarks/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 the Products without the express prior written consent of the intellectual property right holder will be seen as violating anti-counterfeiting laws and subject to civil and criminal action.

 

ARTICLE 13 – PERSONAL DATA

The conditions governing the collection and processing of CUSTOMERS’ personal data are outlined in the Privacy Policy which can be found on the Website and which the CUSTOMER agrees to read and accept.

 

ARTICLE 14 – OBLIGATIONS OF THE PARTIES REGARDING USE OF THE WEBSITE

14.1. Any violation of the TAC by the CUSTOMER gives SCENTYS the right to close the CUSTOMER’S Account without prejudice to the compensation SCENTYS could claim.

The CUSTOMER 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. Navigation on the Website is the sole responsibility of the CUSTOMER.

The CUSTOMER shall hold harmless and indemnify SCENTYS for any damages, complaints or demands from third parties following the 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 shall 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 updating. 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.

 

ARTICLE 15 – LIMITATION OF LIABILITY AND WARRANTY FOR SCENTYS

15.1. SCENTYS is not responsible for the level of performance of the Website or modifications of the Website that may occur notably due to the quality of an internet connection and/or technical configurations.

Within the limits of the regulations in force, SCENTYS is not responsible for the quality and compatibility of the Website with the specific way it is used by CUSTOMERS.

SCENTYS cannot be held liable: if all or part of the Website is temporarily unavailable due to corrections, updates or maintenance of the Website and any resulting prejudice for the CUSTOMER; outages, errors, computer viruses that could interfere with continuous access to the Website; or the malfunctioning of the CUSTOMER’S computer equipment after visiting the Website. 

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

 

15.2. The CUSTOMER agrees to follow the recommendations and instructions in the manuals for the Products ordered and acknowledges that SCENTYS’S liability and warranties will be excluded if damage occurs due to failure to follow the instructions in a Product manual. SCENTYS cannot be held liable for damage caused by the Products.

SCENTYS’S 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 CUSTOMER’S responsibility to verify.

SCENTYS’S liability is also excluded if the Product is used in a way that is not ordinary or goes against common rules of caution or recommendations for usage, storage and conservation of the Products or the advice in the manuals, or for any faults or errors entirely imputable to the CUSTOMER or a third party.

If SCENTYS is liable, its liability is limited 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, SCENTYS’S liability is limited to the order amount and it 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 shall not be held liable for any breach of contract due to cases of force majeure, notably as described in article 1218 of the Civil Code and the definitions accepted by law.

 

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 CUSTOMER.

The archived communications and order confirmations are binding between SCENTYS and the CUSTOMER, as are the automatic recording systems used on the Website, particularly regarding the nature and date of the order.

The CUSTOMER can request to see the contract entered into with SCENTYS by sending an email to info@scentys.com or a letter to: SCENTYS, 7 Chemin de Saint Hilaire, 95310 Saint Ouen l’Aumône, providing all necessary information including the order number and their contact information.

 

ARTICLE 17 – MEDIATION FOR RELATIONS WITH CONSUMER CUSTOMERS

In the event of a dispute, the CUSTOMER must first contact SCENTYS to seek to find an amicable solution, by contacting the Customer Service, under the Customer Service menu on the Website.

If the claim is not resolved with the Customer Service or in the absence of a response within two (2) months, the consumer CUSTOMER, to the exclusion of the non-professional CUSTOMER, as defined in the introductory article of the French Consumer Code, may have recourse to a consumer mediator, in order to find an amicable solution to the dispute per the terms set forth in part 1, book VI of the French Consumer Code or through any other 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 CUSTOMER, to the exclusion of the non-professional CUSTOMER, as defined in the introductory article of the French Consumer Code, who does not wish to receive direct marketing calls, can sign up free of charge on 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 of the present, and relations with Website users and CUSTOMERS are governed by French law. The TAC are executed and interpreted in accordance with French law.

If a dispute arises, SCENTYS and the CUSTOMER shall strive to settle the dispute amicably, failing which the matter will be brought before the competent courts in France.

      

FOR PROFESSIONALS

Effective September 22, 2020

 

ARTICLE 1 - SCOPE

These general terms and conditions of sale (hereinafter TAC) apply to all contracts entered into by SCENTYS, a simplified single shareholder company with share capital of 470,806.60 euros, registered with the Paris Trade and Commerce Register under number 478 525 009, headquartered at 35 Boulevard des Capucines – 75002 Paris (hereinafter “SCENTYS”), and a professional as defined in the introductory article of the French Consumer Code (hereinafter the “CUSTOMER”), for the purchase of one or more products offered for sale by SCENTYS (hereinafter “Products”) on the Website found at: https://www.scentys.com (hereinafter the “Website”).

 

Derogations from these conditions not expressly accepted by SCENTYS are unenforceable. The Website may only be used by those who are legally allowed to place an order on the Website, and the cost of the internet connection and equipment required to access the Website are the responsibility of the CUSTOMER. SCENTYS reserves the right to make change to these TAC, the applicable version being the one in effect the day the CUSTOMER places an order on the Website.

 

In accordance with article L. 441-1 of the French Consumer Code, these TAC constitute the sole basis for commercial negotiation between SCENTYS and the CUSTOMER.

 

ARTICLE 2 - PRESENTATION OF PRODUCTS

The 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 provide the CUSTOMER with the best possible information. However, the photographs and graphics shown are not contractual and do not give rise to liability for SCENTYS. Photographs are provided for illustration purposes. CUSTOMERS should refer to the description of each Product for information about its specific characteristics. If CUSTOMERS have questions or want additional information, they should contact SCENTYS customer service by telephone at (33)(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, and the CUSTOMER cannot seek any compensation for such changes.

 

ARTICLE 3 - ACCOUNT

3.1. Creation of an Account. To place an order on the Website, the CUSTOMER must first create a personal account (hereinafter the “Account”) and during that process the CUSTOMER is required to provide personal data including an email address. The CUSTOMER must ensure that the email address provided is valid and verify their filter settings to ensure that emails from SCENTYS are not considered spam.

All information provided by the CUSTOMER to SCENTYS must be exact, complete, and up-to-date. CUSTOMERS must log onto their account to update their information every time their situation changes. Accounts and personal data are managed on the Website.

The CUSTOMER must review and accept SCENTYS’S Privacy Policy, available on the Website, regarding the processing of personal data.

3.2. Account management and security. When creating an Account, the CUSTOMER must select a password that identifies the user and enables a faster connection when using the Website in the future. The CUSTOMER agrees to create a password that is personal and confidential. To keep the Account secure, the CUSTOMER agrees to:

-           Not disclose the password to a third party;

-           Take all necessary precautions to prevent third parties from accessing the Account;

-           Take necessary steps to keep third parties from accessing the Account even without the CUSTOMER’S knowledge;

-           Not give access to the Account to a third party (the lending, sharing, exchanging, giving, purchase, transfer and sale of Accounts is prohibited and renders 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 CUSTOMER via the CUSTOMER’S email address.

 

The CUSTOMER is responsible for keeping the password confidential and for its use. The CUSTOMER alone is responsible for the use of the Account. Any connection or data transmission done using the CUSTOMER’S password shall be considered to have been done by the CUSTOMER and under the CUSTOMER’S responsibility.

To protect the personal and confidential nature of Account access, logging out at the end of each session is recommended.

If the Account and/or password is used fraudulently, or if the password is lost or stolen, the CUSTOMER should immediately notify SCENTYS.

If the password is forgotten, the CUSTOMER 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 CUSTOMER alone is responsible for the security of the Account and SCENTYS cannot be held liable for any damages incurred by the Account or computer resulting from the loss or sharing of the Account logins and passwords.

The CUSTOMER is responsible for purchases made on the Account and is presumed to be the purchaser.

 

ARTICLE 4 – ORDER

4.1. Terms applicable to all Product orders on the Website.

A CUSTOMER must have an account to order Products on the Website.

The CUSTOMER alone is responsible for Product selection and purchases, and particularly for deciding if the Product suits the CUSTOMER’S needs. The CUSTOMER will be shown an order summary before confirming the order on the Website and making a payment. If there is an error in the order, it can be modified. It is the responsibility of the CUSTOMER to verify the accuracy of the order (such as the quantity and models ordered, fragrance selected).

By confirming the order, the CUSTOMER accepts without any reservation these TAC, and acknowledges having read and accepted them by checking the box “I have read and accept without reservations the terms and conditions of sale.”

The order is firm once the CUSTOMER has confirmed it by clicking on the button “Confirm order and pay”, without prejudice to the CUSTOMER’S right to cancel under the terms set forth in article 9 of these TAC. Once the order is confirmed, SCENTYS will acknowledge receipt by email.

If the Product ordered has become unavailable, the CUSTOMER will be notified as soon as possible. The order can then be cancelled. A new delivery date may also be proposed to the CUSTOMER subject to the Product becoming available again.

 

4.2. Recurring orders (Subscription)

 

4.2.1. Modalities. The CUSTOMER may select the recurring orders service to automatically receive on a quarterly basis (every three months), starting when the service is activated, the Products selected for the first order, or a subsequently modified order, as recorded in the “Your Subscriptions” personal area on the Website. Only packs of two capsules from the permanent collection are eligible for the recurring orders service (hereinafter the “Subscription”). SCENTYS notifies the CUSTOMER by email when the Subscription service is activated.

SCENTYS sends to the CUSTOMER, twelve (12) days before the order is set to renew, an email specifying the order renewal date and the content of the next order, and, where appropriate, inviting the CUSTOMER to modify the Subscription by going directly to their “Your Subscriptions” personal area on the Website. The CUSTOMER may, at any time up until five (5) days before the order renewal date, modify the Subscription (day of order renewal, Products ordered or quantity), or suspend or terminate the Subscription. A summary of the order, modified where applicable, will appear in the CUSTOMER’S personal area, “Your Subscriptions”, accessible via the Website. Within five (5) days of the order renewal date, the upcoming order cannot be modified, canceled or suspended, and SCENTYS will acknowledge receipt of the renewed order via email, summarizing the contents of the order and amount due, and debit the purchase amount, without prejudice to the CUSTOMER’S right to cancel the order under the terms set forth in article 9 of the TAC. A modification to a Subscription made less than five (5) days before the order renewal data shall only be applied to the following order, i.e. the following quarter.

4.2.2. Suspension. The CUSTOMERmay suspend the Subscription at any time, for all or a portion of the Products recorded in their Account, by going directly to the “Your Subscriptions” area on the Website. The suspension will only apply to the next order if the request is made at least five (5) days before the order renewal date.

4.2.3. Cancellation. The CUSTOMER may terminate the Subscription at any time, for any reason, by going directly to the “Your Subscriptions” personal area on the Website. A subscription cancellation requested less than five (5) days before the order renewal date will only be applied to the following order, i.e. the following quarter.   

 

ARTICLE 5 – PRICES

Product prices are indicated on the Website in euros inclusive of all taxes (French VAT and other applicable taxes) and excluding taxes. The applicable VAT rate is 20%.

The prices shown do not include potential shipping fees (see article 7, “PRODUCT DELIVERY”, in the TAC).

SCENTYS reserves the right to change Product prices without prior notice. The applicable prices are the ones on the Website at the time the order is confirmed by the CUSTOMER.

 

ARTICLE 6 – PAYMENT

Payments are made in euros and in full on the day the CUSTOMER places the order. Several payment methods are possible including:

-         Bankcard (debit card, MasterCard, Visa) via the SYSTEMPAY and STRIPE payment modules: payment is processed through the bank’s secure server using SSL (Secure Sockets Layer) technology. Therefore, none of the CUSTOMER’S bank information is routed through the Website. The Systempay payment module ensures perfect transaction security. In other words, payments by bankcard are perfectly secure. The CUSTOMER’S order is recorded and validated once the bank accepts the payment. As soon as the accepted payment is received by the bank, the Product ordered is shipped to the CUSTOMER by SCENTYS. If the payment is rejected by the bank, the order is automatically cancelled.

-         Payment via PAYPAL: The CUSTOMER can pay with a debit or Visa or MasterCard using their PayPal account without providing the bankcard information to SCENTYS. The CUSTOMER must be duly authorized to pay for the order with the payment card used and must guarantee that there are sufficient funds available on the card to cover all costs resulting from the order.

The CUSTOMER’S order is registered and validated once the payment is accepted by the bank. As soon as the payment is accepted by the bank, the Product ordered is shipped to the CUSTOMER by SCENTYS. If the payment is rejected by the bank, the order is automatically cancelled.

Payments for orders placed through a Subscription are made exclusively by bankcard. The CUSTOMER’S bankcard will be automatically debited with each renewed order. If there are insufficient funds to be drawn, SCENTYS will suspend delivery until payment is effectively received.

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

.

ARTICLE 7 – PRODUCT DELIVERY

7.1. Home delivery. Products, other than those ordered through a Subscription, can be delivered in mainland France, Corsica and Guadeloupe (excluding the French overseas territories) and in the following countries: Germany, Austria, Belgium, Bulgaria, Canada, China, Cyprus, Croatia, Denmark, United Arab Emirates, Spain, Estonia, United States, Finland, Greece, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Qatar, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland, Turkey and Ukraine. Products ordered as part of a Subscription can only be delivered in mainland France.

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

The CUSTOMER must expressly indicate all information useful for the delivery, such as access codes, floor and building. If it is difficult to gain access to the 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 CUSTOMER is responsible for the address provided to SCENTYS. The information entered must be clear, precise and complete, notably the number of the building or locality, to allow delivery under normal conditions. The CUSTOMER states and must have verified that the Product can be effectively delivered to the delivery site with no special equipment required. SCENTYS cannot be held liable for any delivery delays or returns due to an erroneous address or the inability of the transporter to deliver the order to the address provided. To optimize delivery, the CUSTOMER 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 CUSTOMER’S mailbox, excluding any delivery above the ground floor. If the CUSTOMER is absent at the time of delivery, a delivery notice will be left. If the address provided is incorrect, the package is refused, the Products cannot be delivered or if the CUSTOMER fails to collect an order, the Products will be shipped back to SCENTYS. They can subsequently be delivered again at the CUSTOMER’S request, and additional shipping fees will be charged based on the geographic area to which the order is delivered.

7.2. Shipping fees and delivery times. The CUSTOMER is made aware of shipping fees and delivery times before the order is confirmed. Fees are indicated in euros excluding taxes.

Excluding Subscription services, there is no charge for shipping in mainland France or European Union countries for orders of 50 euros or more excluding tax. For Products ordered through Subscriptions, shipping is free if at least two (2) packs of two (2) fragrance capsules are delivered on the same day, i.e. for orders of at least 45,80 euros excluding tax.

A CUSTOMER seeking a delivery outside the geographic zone described above must request an estimate from SCENTYS, which reserves the right to refuse to organize the delivery based on the destination. For deliveries outside mainland France, the CUSTOMER agrees to pay all import taxes, customs duties, value added taxes, and any others taxes due in accordance with the laws applicable in the country to which the order is shipped.

Delivery time runs from the time the order confirmation email is sent by SCENTYS. Notification of all shipments is given by email.

If different Products ordered are available at different dates, the order will only ship once all Products are available. To receive the available Products immediately, the CUSTOMER must place two separate orders on the Website. In this case, shipping fees will be applied to each order shipped.

SCENTYS reserves the right to change transportation arrangements and shipping rates without prior notice. However, transportation arrangements and shipping rates become final once the CUSTOMER confirms an order on the Website.

 

ARTICLE 8 – RECEPTION, CLAIMS AND RETURNS

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

Any Product delivered by SCENTYS must be delivered with a delivery order or transport document. The delivery order or transport document must be signed by the CUSTOMER or a person duly authorized by the CUSTOMER. In the absence of a delivery order or transport document, the CUSTOMER refuses delivery of the Product.

When receiving an order, the CUSTOMER should examine the Product for damages, missing items, defects or any other visible damage or non-compliance of the Products delivered with the order. This inspection should include a verification of the quantity and condition of the Products delivered. The CUSTOMER 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 CUSTOMER must, within three (3) days of delivery of the Products, provide SCENTYS customer service with a detailed description of the anomaly by email, at: info@scentys.com.

The CUSTOMER 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 in stock.

Return shipping fees are borne by the CUSTOMER. SCENTYS will nonetheless refund these fees for returns that are accepted.

For a return to be accepted, the Product returned must be in perfect condition and in its original packaging. No returns will be accepted without prior agreement.

 

ARTICLE 9 – RIGHT OF WITHDRAWAL FOR THE CUSTOMER

If an “off-premises” contract is entered into as defined in article L. 221-1 of the French Consumer Code, and the object of the contract falls outside the scope of the CUSTOMER’S core business and the CUSTOMER has no more than five employees, the CUSTOMER has a right of withdrawal that can be exercised within fourteen (14) days starting on the day the contract is signed or the date the CUSTOMER or a third party other than the transporter duly designated by the CUSTOMER takes physical possession of the Product CLIENT. There is thus a period during which the CUSTOMER can return the Product, without giving a reason, and request a refund with no penalty except the return shipping fees, which are borne by the CUSTOMER.

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 CUSTOMER is only responsible for a loss of value on the Products resulting from handling other than what is required to verify the nature, characteristics and proper functioning of the Products.

The CUSTOMER must notify SCENTYS, by letter sent to 7 Chemin de Saint Hilaire, 95310 Saint Ouen l’Aumône, or email sent to info@scentys.com, of the decision to withdraw from the contract via an unequivocal statement (for instance sent by registered letter with acknowledgement of receipt). The CUSTOMER may use the withdrawal letter template below or the withdrawal form in PDF format (click here to open it).

In the event of withdrawal, SCENTYS will refund the CUSTOMER (price of the Products and shipping) using the same payment method as the original transaction (unless otherwise expressly agreed by the CUSTOMER). The CUSTOMER will not bear any costs associated with this refund. The CUSTOMER must return the Product to SCENTYS within fourteen (14) days of notifying SCENTYS of the decision to withdraw from the contract. SCENTYS will assume return shipping costs for Products shipped from mainland France (including Corsica and Monaco) at standard rates. In all other cases, the CUSTOMER will pay return shipping costs.

 

WITHDRAWAL FORM TEMPLATE

To the attention of the Customer Service department: SCENTYS, 7 Chemin de Saint Hilaire, 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 professional(s):

Address of professional(s):

Signature of professional(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 CUSTOMER after delivery and which cannot be returned for hygiene or health protection reasons.

 

ARTICLE 10 – COMMERCIAL AND LEGAL GUARANTEES

Where applicable, the content and term of the commercial guarantees for the Products are indicated on the relevant Product datasheets on the Website. SCENTYS will send to the CUSTOMER the commercial guarantee corresponding to the Product purchased with the invoice. The commercial guarantee begins on the date of the invoice. A guarantee is excluded if the Products are misused by the CUSTOMER, if faults or errors are entirely imputable to the CUSTOMER or a third party, and in cases of force majeure. The CUSTOMER 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

SCENTYS may, upon request, provide the Customer with a copy of the Product sale contract. SCENTYS shall retain a copy of the contract for a period of ten years (10) years from the date of delivery of the Product, and shall make it available to the CUSTOMER at any time.

 

ARTICLE 12 – INTELLECTUAL PROPERTY

The elements published 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 will be seen as violating anti-counterfeiting laws and subject to civil and criminal action. 

The general structure of the Website and all the editorial content, images, audio, videos, multimedia elements, texts, 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 law and/or design protection laws. Any unauthorized reproduction, even partial, will be seen as violating anti-counterfeiting laws and subject to civil and criminal action. 

The trademarks/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 the Products without the express prior written consent from the intellectual property right holder will be seen as violating anti-counterfeiting laws and subject to civil and criminal action.

 

ARTICLE 13 – PERSONAL DATA

The conditions governing the collection and processing of CUSTOMERS’ personal data are outlined in the Privacy Policy which can be found on the Website and which the CUSTOMER agrees to read and accept.

 

 

ARTICLE 14 – OBLIGATIONS OF THE PARTIES REGARDING USE OF THE WEBSITE

14.1. Any violation of the TAC by the CUSTOMER gives SCENTYS the right to close the CUSTOMER’S Account without prejudice to the compensation SCENTYS could claim.

The CUSTOMER 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. Navigation on the Website is the sole responsibility of the CUSTOMER.

The CUSTOMER shall hold harmless and indemnify SCENTYS for any damages, complaints or demands from third parties following the 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 shall 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 updating. 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.

 

ARTICLE 15 – LIMITATION OF LIABILITY AND WARRANTY FOR SCENTYS

15.1. SCENTYS is not responsible for the level of performance of the Website or modifications of the Website that may occur notably due to the quality of an internet connection and/or technical configurations.

Within the limits of the regulations in force, SCENTYS is not responsible for the quality and compatibility of the Website with the specific way it is used by CUSTOMERS.

SCENTYS cannot be held liable: if all or part of the Website is temporarily unavailable due to corrections, updates or maintenance of the Website and any resulting prejudice for the CUSTOMER; outages, errors, computer viruses that could interfere with continuous access to the Website; or the malfunctioning of the CUSTOMER’S computer equipment after visiting the Website. 

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

15.2. The CUSTOMER agrees to follow the recommendations and instructions in the manuals for the Products ordered and acknowledges that SCENTYS’S liability and warranties will be excluded if damage occurs due to failure to follow the instructions in a Product manual. SCENTYS cannot be held liable for damage caused by the Products.

SCENTYS’S 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 CUSTOMER’S responsibility to verify.

SCENTYS’S liability is also excluded if the Product is used in a way that is not ordinary or goes against common rules of caution or recommendations for usage, storage and conservation of the Products or the advice in the manuals, or for any faults or errors entirely imputable to the CUSTOMER or a third party.

If SCENTYS is liable, its liability is limited to 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, SCENTYS’S liability is limited to the order amount and it 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 shall not be held liable for any breach of contract due to cases of force majeure, notably as described in article 1218 of the Civil Code and the definitions accepted by law.

 

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 CUSTOMER.

The archived communications and order confirmations are binding between SCENTYS and the CUSTOMER, as are the automatic recording systems used on the Website, particularly regarding the nature and date of the order.

The CUSTOMER can request to see the contract entered into with SCENTYS by sending an email to info@scentys.com or a letter to: SCENTYS, 7 Chemin de Saint Hilaire, 95310 Saint Ouen l’Aumône, providing all necessary information including the order number and their contact information.

 

 

ARTICLE 17 - APPLICABLE LAW – LANGUAGE OF THE TAC - DISPUTES

 

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

The TAC, orders placed in application of the present, and relations with Website users and CUSTOMERS 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 CUSTOMER shall strive to settle the dispute amicably through a mediation process.

FAILING AN AMICABLE AGREEMENT BETWEEN THE PARTIES, DISPUTES WILL BE BROUGHT BEFORE THE COMPETENT COURT IN PARIS, EVEN IN THE EVENT OF SUMMARY PROCEEDINGS, PROCEEDINGS INVOLVING MULTIPLE DEFENDANTS, ACCESSORY CLAIMS OR WARRANTY CLAIM.