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General terms and conditions of sale

1. PURPOSE

 

The purpose of these general terms and conditions of use and sale is to define the rights and obligations of OHTOP PARIS and the consumers and non-professional buyers (hereinafter the "Connection") wishing to purchase the products offered for sale by OHTOP PARIS on its website www.ohtop.paris (hereinafter the "Website").

 

They represent the sole basis of the commercial relationship between the company SHOWROOM ROMEO, a simplified joint stock company with a single shareholder having its registered office at 18 rue Ferdinand Duval 75004 Paris, identified for VAT purposes under the number FR35422689083 (hereinafter referred to as "OHTOP PARIS") and the Customer (OHTOP PARIS and the Customer may be referred to together as "the Parties").

 

The Customer acknowledges having the legal capacity required to contract and acquire the Products offered on the Website.

On the Website, OHTOP PARIS allows the Customer to order OHTOP PARIS brand products online in accordance with these general terms and conditions of use and sale (hereinafter referred to as the "GTCS").

The Customer declares that (i) he/she has read these GTC and the general terms and conditions of use of the Website and (ii) he/she has accepted them by ticking the box provided for this purpose on the order summary page and prior to confirming the said online order.

 

Any order placed with OHTOP PARIS therefore implies the Customer's unreserved and unrestricted acceptance of these Terms and Conditions of Sale.These GTC may be modified at any time and without prior notice by OHTOP PARIS, the applicable GTC being those in force on the date of the Customer's order.

 

These GTC will prevail, where applicable, over any other version or any other contractual document.

 

2. CHARACTERISTICS OF THE PRODUCTS

The Products offered for sale are eaux de parfum available in 100ml or sample box formats.

 

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the www.ohtop.paris website.

 

It is the Customer's responsibility to familiarise themselves with this information before placing an order.

 

The Products offered for sale by OHTOP PARIS on the Website comply with the standards applicable in France.

 

The Customer is informed that, due to the effect of his/her internet browser and depending on the screen used, variations in colour may exist between the photos on the Website representing the Products and the products delivered to the Customer. OHTOP PARIS cannot be held responsible for these visual differences which do not affect the essential characteristics of the Products.

3. CREATING AN ACCOUNT

 

The creation of an account on the Site is compulsory in order to benefit from all private offers, private sales or any other commercial operations reserved for the Site's clientele.

 

By creating an account, the Customer accepts our data protection policy as set out in article 11 of these GTC and declares that all the information provided is true and accurate. This information includes: surname, first name, postal address, e-mail address, telephone number, etc.].

3.3 Create an account :

Go to www.ohtop.paris

Click on the Login icon at the top right of your screen

Click on "Register" and fill in all the mandatory fields.

Click on "Register".

 

3.4. Logging in to your account :

Go to www.ohtop.paris

Click on the Login icon at the top right of your screen

Enter your username and password.

Click on "Sign in".

 

3.5. Recovering your password if you forget it :

Go to www.ohtop.paris

Click on the Login icon at the top right of your screen

Enter your username.

Click on "Forgot your password?

Enter your email address.

Click on "Reset password".

 

3.6. Changing your password

Log in to your account by following the steps outlined in 3.4.

Go to the "Account details" tab.

Enter your new password and your existing password in the "change password" section.

Click on "Save changes".

 

3.7. Modifying your account information

Log in to your account as described in 3.4.

Go to the "Account details" tab.

Fill in the new information

Click on "Save changes".

 

The Customer is hereby informed that his/her login and password are personal and confidential and, in this respect, he/she undertakes to keep his/her password secret and not to divulge it to a third party for any reason whatsoever.

 

The Customer is responsible for the consequences of any information transmitted that is false or inaccurate or that may be used unlawfully.

4. ORDER

 

4.1. Placing an order

The ordering process comprises the following stages, which the Customer is invited to follow by filling in and checking the information required at each stage:

on the page corresponding to each fragrance, choose a format and click on "Add to basket

add unlimited products

when the selection process is complete, click on the Shopping Basket icon in the top right-hand corner of the page, then click on "Checkout".

on the order summary page, enter your gift code if you have one, then click on "Checkout".

log in with your e-mail address and sign in to your account if you have one, or fill in the requested information

choose a payment method

confirm the order

 

4.2. Order validation

The Customer may check the details of their order and its total price and correct any errors before confirming their order.

 

The Customer will receive an e-mail confirming the validation of their order, summarising the details of the items ordered.

All orders will only be taken into consideration once payment of the full amount due has been accepted by the Customer.

 

Customers can follow the progress of their order on the Site under the heading "login> my account > orders".

4.3. Availability of Products

The Products presented on the www.ohtop.paris website are offered for sale in the following territories: France and for export to certain countries (see list of countries in article 7.Delivery).

 

Product offers are valid as long as they are visible on the Website, within the limit of available stocks. OHTOP PARIS informs the Customer of the availability of the Products sold on the Website when the order is confirmed.

OHTOP PARIS reserves the right to cancel or refuse an order in the event of suspected fraud or a dispute with the Customer concerning the payment of a previous order.

 

If, despite the vigilance of OHTOP PARIS, the Products ordered are unavailable, OHTOP PARIS will inform the Customer by e-mail as soon as possible. The Customer's order will then be cancelled. The Customer will be reimbursed for the sums already paid within thirty (30) working days from the date on which the Customer was informed of the cancellation of his/her order by OHTOP PARIS, using the same means of payment as that used for the order.

 

4.4 OHTOP PARIS does not intend to sell the Products on the www.ohtop.paris website to professionals, but only to consumers or non-professionals, for their personal needs.

OHTOP PARIS therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 5 identical items.

5. PRICE

 

The Products are invoiced on the basis of the prices in force on the Site at the time of payment for the order.

 

The prices of the Products displayed on the Site are in euros, inclusive of all taxes. They do not include shipping, transport and delivery costs and any applicable discounts.

 

Shipping, transport and delivery costs are indicated in the Customer's basket before the order is finally confirmed.

 

Customs duties, local taxes, import duties or similar levies may be payable. The Customer shall be solely responsible for and liable for these.

The payment requested from the Customer corresponds to the total amount of the order, including the shipping, transport and delivery costs referred to in paragraph 3 of this article.

 

OHTOP PARIS reserves the right to modify the prices of the Products at any time, without such modification being able to affect an order that has already been validated.

 

6. PAYMENT

 

The total amount of the order must be paid in full on the day the said order is placed by the Customer.

 

The sums paid by the Customer may under no circumstances be qualified as a deposit.

 

The Customer pays for his/her order using the following methods:

- by bank card (Visa, Eurocard/Mastercard, other credit cards). Transactions carried out on the Site are entrusted to our secure online payment service provider. The Customer's credit card payment details are protected and encrypted by our service provider.- via their Paypal account.

 

By clicking on "pay", the Customer confirms either that the bank card belongs to him or that he is the holder of the Paypal account.

 

No COD shipments will be accepted for any reason whatsoever.

7. DELIVERY

 

Products purchased on the www.ohtop. paris can only be delivered to the following territories: Member countries of the European Union (including Saint-Martin), Albania, Bosnia-Herzegovina, Serbia, Andorra, Guernsey, Jersey, Liechtenstein, San Marino, Switzerland, Iceland, Malta, Norway, United States (USA), South Korea, Hong Kong, Indonesia, Macau, Malaysia, Philippines, Singapore, Thailand, Vietnam, Cambodia, Russia, Ukraine, Morocco, Saudi Arabia, Bahrain, Israel, Kuwait, Lebanon, Oman, United Arab Emirates, Qatar, Egypt, Argentina, Mexico, Chile and India.

Orders cannot be placed for delivery addresses outside these territories.

 

OHTOP PARIS delivers its Products with the following carriers:

- For France excluding DOM-TOM: Colissimo

- For French overseas departments and territories: Colissimo

- For the European Union excluding Spain: Colissimo

 

- For Spain: Colissimo- For Malta, Iceland, Cyprus and Norway: Colissimo

 

-For Japan: FEDEX- For other countries: DHL or FEDEX

 

The products Perfume Extract Gift Set, 5-sample Discovery Gift Set and 2 ml Perfume Extract are available for delivery to the following countries only: France, Germany, Belgium, Luxembourg, Netherlands, Austria, Italy, Spain, Portugal, Denmark, Sweden, Switzerland, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia.

 

Products purchased on the Site are delivered in accordance with the indicative delivery times below, plus a maximum of 72 hours for processing your order and forwarding it to the carrier.

Metropolitan France: 2 working days

European countries: 2 to 6 working days 

Other countries: varies according to destination.

The Products are sent, with the delivery note, to the delivery address indicated by the Customer when placing the order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the Site are given for information only.

 

OHTOP PARIS undertakes to do its utmost to deliver the Products ordered by the Customer within the times indicated, after validation of the order and subject to payment of the latter.

 

OHTOP PARIS undertakes to inform the Customer by e-mail of the progress of its order.

 

It is the Customer's responsibility to verify the conformity of the delivery in relation to his/her order and to report any error without delay. The Customer is also responsible for verifying the condition of the Products delivered.In the event of a parcel showing apparent anomalies (product missing in relation to the order form, parcel damaged or opened, etc.), it is the Customer's responsibility to inform the carrier and OHTOP PARIS (customer@ohtop.paris) in writing on the day of delivery of said parcel, with the corresponding supporting documents (photographs in particular).

 

 

The Customer must return the Product(s) in question by following the procedure for returning Products described in article 10.2.

 

After verification and confirmation of the anomaly by OHTOP PARIS, the Customer will be reimbursed for the amount of his/her order (price of the Products and the shipping, transport and delivery costs referred to in article 5, paragraph 3 of these GTC). The refund will be made using the same means of payment as the one used by the Customer for the initial transaction.

OHTOP PARIS cannot be held responsible for the consequences of a delay in delivery that is not of its making.

8. TRANSFER OF OWNERSHIP

 

OHTOP PARIS retains ownership of the Products until full payment of the order (price of the Products and related costs) by the Customer.

 

9. RIGHT OF WITHDRAWAL

 

In application of the provisions of articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the Product(s) to exercise his/her right of withdrawal from OHTOP PARIS, without having to justify his/her reasons.

 

In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed in full; return shipping costs remain the responsibility of the Customer.

 

In order to exercise his/her right of withdrawal, the Customer must notify OHTOP PARIS of his/her decision to withdraw using the model withdrawal form available in Appendix II below of these GCS, by e-mail sent to customer@ohtop.paris.

 

The Customer will receive an e-mail acknowledging his/her decision to withdraw as soon as possible.

The Products must be returned by the Customer no later than fourteen (14) days following his/her decision to withdraw. The Customer must comply with the conditions and procedure for returning Products described in paragraphs 10.1 and 10.2 below.

 

10. RETURNS, EXCHANGES AND REFUNDS

 

10.1. Conditions for returning Products

The Customer must return the Product in the same conditions in which it was received.

 

Products must be returned in their original, unopened packaging with the protective plastic film. The Products may not be tried on, and must be in new condition, unopened, unused, undamaged, undirty and untested.

 

To ensure maximum protection for the items, the Products must be repositioned in the original parcel, resistant to the various transport tests.

 

OHTOP PARIS reserves the right to refuse the return if the returned Product is unfit to be put back on the market in new condition (Product returned incomplete, damaged, for example).

10.2. Product return or exchange procedure

Perfumes that are returned must be sent in new, unused and unopened condition and in their original packaging. Shipping costs are at the customer's expense.

 

Contact us at customer@ohtop.paris, indicating your order number and your decision to return the products. Include the delivery note, indicating precisely which products are being returned and the operation requested (exchange or refund). Pack the products carefully and include the delivery note before closing the parcel.

 

Return the parcel to the following address:

OHTOP / SHOWROOM ROMEO - Returns Department

18 Rue Ferdinand Duval 75004 Paris, France

 

10.3 Refunds

 

In accordance with the provisions of article L. 221-24 of the French Consumer Code, OHTOP PARIS undertakes to reimburse the Customer within a period of fourteen (14) days from the date on which it was informed of the Customer's decision to withdraw.

 

However, in the absence of receipt of the Products concerned or of proof of dispatch of the said Products within this period, OHTOP PARIS reserves the right to postpone the reimbursement until the day of recovery of the Products concerned or until the Customer has provided proof of their dispatch.

The refund is made using the same means of payment as the one used by the Customer for the initial transaction.

If the Customer has paid for his/her order using two methods of payment, including a voucher, the refund will be made pro rata for each method of payment, which means that the Customer will necessarily receive part of the refund in the form of a voucher.

 

11. GUARANTEES AND LIABILITY

The Products supplied by OHTOP PARIS are covered by law, independently of the right of withdrawal:

- The legal guarantee of conformity (provided for in articles L. 217-4 to L. 217-13 of the Consumer Code);

- The legal guarantee against hidden defects (provided for in articles 1641 to 1648 and 2232 of the Civil Code);

 

in accordance with the terms and conditions set out in the box below and in Annex I to these GCS.

The Customer is reminded that under the legal guarantee of conformity, the Customer :

- has a period of two years from the date of delivery of the goods in which to take action;

- may choose between repairing or replacing the Product, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;

- is exempt from having to prove the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods. 

 

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

 

The Customer may decide to invoke the warranty against hidden defects in the Product within the meaning of article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

 

The Customer acknowledges and accepts that the prices of the Products may vary between the Site and the shops, and that under no circumstances may this price difference be used as a basis for a request for reimbursement, either total or partial, of the Products purchased either on the Site or in the shops, apart from the exercise of the right of withdrawal under the conditions set out in article 8 of these GTC.

 

OHTOP PARIS shall not be held liable for any inconvenience or damage inherent to the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

12. INTELLECTUAL PROPERTY

 

The content of the Website is the exclusive property of OHTOP PARIS.

 

Under no circumstances is the Customer authorised to download or modify all or part of the Website, and in particular its content (products listed, descriptions, images, videos, etc.).

 

Under no circumstances may the Website or any part of the Website be reproduced, copied, sold or exploited for commercial or professional reasons without the express, written and prior authorisation of OHTOP PARIS.

 

Generally speaking, OHTOP PARIS remains the owner of all intellectual property rights on the photographs, presentations, brands, bottles, packaging and other distinctive signs appearing on the Website. The Customer therefore refrains from any reproduction or exploitation of the aforementioned rights and elements, without the express, written and prior authorisation of OHTOP PARIS, which may make such authorisation conditional upon financial consideration.

13. PERSONAL DATA

 

The Customer is informed and accepts that his/her personal data may be collected on the Website and used by OHTOP PARIS, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "General Data Protection Regulation" or "GDPR"). 

 

The data collected is as follows:

 

 

 

 

 

 

 

 

Data is not transferred outside the European Union.

 

OHTOP PARIS uses tracking technologies, in particular cookies, to improve the Website and adapt it to the Customer's needs.

 

OHTOP PARIS undertakes to use the Clients' confidential information only in connection with the operation of its Website.

 

In accordance with the provisions of the French Data Protection Act of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Customer has a right of access, rectification, deletion, limitation, opposition, portability of personal data concerning him/her contained in the files of OHTOP PARIS.

 

The Client also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), notably on its website www.cnil.fr.

For any information or complaint relating to data processing, the Customer may contact OHTOP PARIS by e-mail at customer@ohtop.paris or by post at the following address: OHTOP / SHOWROOM ROMEO 18 Rue Ferdinand Duval 75004 Paris, France

 

La Maison Crivelli undertakes to deal with all users' questions relating to data protection within a reasonable period of time.

14. FORCE MAJEURE

 

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these GCS, results from a case of force majeure within the meaning of article 1218 of the French Civil Code.

 

The party acknowledging the case of force majeure must, without delay and in writing, inform the other party of its inability to perform its obligation and justify this to the latter.

 

Performance of these GCS will be suspended for as long as the case of force majeure lasts. The suspension of obligations shall under no circumstances be a cause of liability or lead to the payment of damages or interest or late penalties. Nevertheless, OHTOP PARIS will endeavour, as far as possible, to put an end to the case of force majeure or fortuitous event or to find a solution that will enable it to perform its contractual obligations.

 

If the case of force majeure or fortuitous event is definitive or exceeds a duration of [sixty] (60) days, these GCS will be purely and simply cancelled by operation of law, without formality. Where applicable, the sums paid by the Customer for the order will be refunded.

5. GENERAL PROVISIONS

 

15.1. Autonomy of provisions

If any of the stipulations of these GTC are declared null and void or unenforceable by a competent court, the stipulation(s) will then be declared unwritten and will not lead to the nullity of the other stipulations.

 

These GCS will nevertheless continue to govern the commercial relationship.

 

15.2 Evolution and modification of the GCS

These GTC may be modified at any time and without prior notice by OHTOP PARIS, the applicable conditions being those in force on the date of the Customer's order.

 

15.3. Applicable law - Language

These GCS and the operations arising from them are governed by and subject to French law.

 

These GCS are drawn up in French. In the event that they are translated into a foreign language, only the French text will be deemed authentic in the event of a dispute.

 

15.4. Disputes

Any dispute must first be settled out of court.

Requests for out-of-court settlements should be sent by e-mail to customer@ohtop.paris

 

The Customer is informed that, in the event of a dispute, he/she may have recourse to the consumer mediation procedure under the conditions set out in Title I of Book VI of the Consumer Code and, in particular, to MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS.

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not received satisfaction or a response within two months, he may submit his complaint free of charge to the consumer ombudsman. The matter must be referred to the mediator within one year of the initial complaint.

 

The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org

or by post: MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS - FRANCE

 

In accordance with Article 14 of Regulation (EU) No. 524/2013, the Customer is also informed that the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union: https://webgate.ec.europa.eu/odr/

 

Disputes that cannot be resolved amicably will be referred to the competent French courts.

ANNEX 1 – PROVISIONS RELATING TO LEGAL GUARANTEES

Legal guarantee of conformity

Article L 217-4 of the Consumer Code

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code

The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model; – if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L 217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Guarantee against hidden defects

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX 2 – WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of OHTOP / SHOWROOM ROMEO 18 Rue Ferdinand Duval 75004 Paris, France or customer@ohtop.paris

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Remove the useless phrase

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