General Conditions of Sale

Article 1 – IDENTITY OF THE SELLER

Shop http://m-exception.com 1 Rue du Maillet 57100 Thionville - France Tel: 03 82 88 62 91 Siret - CEE Identification - FR09914448972

Article 2 – PREAMBLE

The purpose of these General Terms and Conditions of Sale (hereinafter "the GTC") is to define the terms and conditions of sale of the products offered by Maison d'exception (hereinafter "the Products") from its Website www.m-exception.com (hereinafter "the Website"). An order may only be placed by a customer residing in mainland France (including Corsica) or in the following countries: Monaco, Belgium, Spain, Germany, Luxembourg, Greece or Portugal (hereinafter "the Customer"). The Customer may only purchase the Products for personal use. It is therefore prohibited to purchase the Products for resale or any other professional use. Any order placed by the Customer automatically implies, without restriction or reservation, their irrevocable acceptance of the GTC. Thus, only the provisions of these GTC are binding between Maison d'exception and the Customer, to the exclusion of all others. Maison d'exception reserves the right to modify its GTC at any time, without notice. The new version of the General Terms and Conditions applies to orders placed after they are posted on the Website. Maison d'Exception therefore recommends that its Customers regularly review the latest version of the applicable General Terms and Conditions.

Article 3 – PRODUCTS

3.1 CHARACTERISTICS The essential characteristics of the Products marketed by Maison d'exception are described on the Website www.sensaura.fr. The Products offered comply with current French legislation and the standards applicable in France. There are no spare parts for our products. 3.2 AVAILABILITY The Products are available for purchase while stocks last. When a Customer places an order on the Website, they are informed of the availability of the Products they wish to order. However, in the event that a Product ordered by the Customer subsequently proves to be unavailable, Maison d'exception parfumerie will inform the Customer by email as soon as possible. Therefore:

  • if all the Products subject to the order are unavailable, the order will then be automatically cancelled and the Customer's bank account will be credited at the latest within 14 (fourteen) days following validation of the order,

  • If only certain Products that are the subject of the order are unavailable, the customer may then choose to replace the missing product, maintain their order or cancel all or part of their order.

3.3 QUANTITY www.m-exception.com is a retail site. Maison d'exception does not intend to sell to the Customer the Products offered in quantities exceeding the usual quantities intended to satisfy the Customer's private needs. Consequently, Maison d'exception reserves the right to refuse orders that are excessive in volume or frequency.

Article 4 – LEGAL GUARANTEES AND COMMERCIAL GUARANTEE

4.1 LEGAL GUARANTEES All products supplied by Maison d'exception benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the item sold under the conditions provided for in Articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code. These articles are reproduced below: Article L211-4 of the Consumer Code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility. Article L211-5 of the Consumer Code To comply with the contract, the goods must: 1° Be suitable for the use usually expected of a similar good and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

  • present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L211-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. Article 1641 of the Civil Code The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. Article 1648 of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. 4.2 COMMERCIAL GUARANTEE The commercial guarantee means any contractual commitment made by a professional to the consumer for the reimbursement of the purchase price, replacement or repair of the good, in addition to its legal obligations to guarantee the conformity of the good. No commercial guarantee is granted by Maison d'exception. 4.3 It is therefore recalled that when acting under the legal guarantee of conformity, the Customer: - benefits from a period of two years from the delivery of the good to act; - can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 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 also decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article 5 – PRICE AND PAYMENT TERMS

5.1 PRICE The price of the Products is invoiced to the Customer based on the rate in effect at the time of the order. Maison d'exception reserves the right to modify its prices at any time, without notice. The new rates are applicable to orders placed from the time they are posted online on the Website www.sensaura.fr. The price of the Products offered for sale on the Website is indicated in Euros, including VAT. Prices do not include delivery costs. Delivery costs are fixed. The amount of delivery costs is indicated to the Customer before confirming their order. 5.2 PAYMENT METHODS Payment for the order (price and delivery costs) is made only: - by CB – VISA and MASTERCARD bank card and PAYPAL.

  • by CB bank card in 3 installments.

The Customer's bank account will be debited when the order is validated. Please note that we do not accept payment by check. 5.3 PAYMENT SECURITY The Website www.sensaura.fr includes an SSL security system. The Website www.sensaura.fr uses a secure payment system coordinated with the Caisse d'Epargne banking institution. As part of its order verification and payment quality policy, SENSAURA may ask the Customer for a copy of an identity document and proof of address. The order will then only be validated after receipt and verification of the documents provided by the Customer. The Customer guarantees that he or she has the necessary authorizations to use the payment method chosen by him or her when validating his or her order. 5.4 INVOICING A detailed invoice, printable from the Customer's account, is accessible upon delivery of the Products ordered. 5.5 DISPUTE OR REFUSAL OF PAYMENT In the event of refusal of payment to Maison d'exception by a banking organization, Maison d'exception reserves the right to (1) suspend the management and delivery of the disputed order or (2) to refuse or cancel the order of the Customer with whom there is already an ongoing dispute relating to the payment of an order.

Article 6 – ORDER

Orders are exclusively placed on the Website www.m-exception.com by following the instructions provided therein. As a reminder, the Customer declares having read and accepted the General Terms and Conditions before formalizing their order. Any order validated by the Customer using the "double click" procedure ((i) placing the order and (ii) the possibility of modifying it before confirming it by clicking on the VALIDATE and PAY button) constitutes an irrevocable acceptance of the order subject to the specific provisions of the General Terms and Conditions such as the right of withdrawal or unavailability of stocks. The data recorded by Maison d'exception and its information systems constitute proof of all transactions between Maison d'exception and the Customer. Upon validation of the order, Maison d'exception sends the Customer a confirmation email summarizing the entire order.

Article 7 – DELIVERY

7.1 DELIVERY TERMS Packages are only delivered to mainland France (including Corsica) and the following countries: Monaco, Belgium, Spain, Germany, Luxembourg, Greece and Portugal. Deliveries are made via the postal services, using the Colissimo, Chronopost, or any other service chosen by Maison d'exception. The Products are delivered to the address indicated by the Customer at the time of each order. If the Customer wishes to be delivered to different addresses, they must place separate orders. Maison d'exception sends each Customer an email notifying them of the shipment of their order. 7.2 DELIVERY TIMES Maison d'exception undertakes to deliver the products in accordance with the average delivery time indicated on the website for each product. In the absence of a delivery time indicated, the delivery time of the product may not exceed thirty (30) days after confirmation of the order. An email informs the Customer of any possible delivery delay. 7.3 DELIVERY TRACKING Each Customer can track the processing status of their order by Maison d'exception live on the Website, in the "My Account" section. The Customer can click on the parcel number that will be communicated to them in the email notifying them of the dispatch of their order, and which also appears in the "Order Tracking" section of the Website. La Poste offers an order tracking service accessible from the website "www.Coliposte.net" by entering the parcel number. This service is independent of Maison d'exception. 7.4 DELAY IN DELIVERY If the average delivery time indicated is exceeded, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, Maison d'exception to make the delivery within a reasonable additional period, the latter has not performed within this period. The contract is considered terminated upon receipt by Maison d'exception of the letter or written document informing it of this termination, unless the professional has performed in the meantime. The Customer will then be reimbursed under the conditions set out in the paragraph "Reimbursement of Products" of the Article "RIGHT OF WITHDRAWAL". In the event of exceeding the average delivery time indicated to the Customer and if it appears that this time constituted for the Customer an essential condition of the contract, the Customer may immediately terminate the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract. In this case, the contract will be considered terminated upon receipt by Maison d'exception of the letter or written document informing it of this termination. In the event of termination due to late delivery of the product(s), Maison d'exception undertakes to reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the Customer terminated the contract. 7.5 NON-RECEIPTMENT OF PARCELS If upon delivery to the address indicated by the Customer, the latter is not present or refuses the parcel, the parcel will be deposited at the Post Office nearest to his home, where the Customer may collect it within a period of fifteen (15) days, upon presentation of the delivery notice left by the Post Office in his mailbox. At the end of this fifteen (15) day period, the Post Office will return any unclaimed parcel to Maison d'exception. If a parcel is returned to Maison d'exception for a reason attributable to the Customer, such as "unclaimed" or "does not live at the address indicated", Maison d'exception will inform the Customer concerned by email. In this case, with the Customer's agreement, the parcel will be reshipped, the reshipping costs being borne by the Customer. An email will inform the Customer of the procedure to follow for the payment of these shipping costs. In all other cases, the package will be kept by Maison d'exception for sixty (60) days. At the end of this period, Maison d'exception may decide to destroy the Products thus returned, without prior notice or formal notice. This destruction does not entitle the Customer to any refund, replacement or compensation. The Customer will not be reimbursed for the price of the order or the delivery costs. 7.6 PRODUCT DAMAGED ON DELIVERY In the event that the Products are delivered damaged, the Customer must notify the Post Office of this fact by registered letter with acknowledgment of receipt within seventy-two (72) hours (working hours) following delivery of the package. This complaint must be justified and describe in particular the condition in which the Products and their packaging were delivered to the Customer. It is recommended to examine the package in the presence of the delivery person and to note any reservations on the delivery slip, of which the Customer must keep a copy. Within the same period of seventy-two (72) hours, the Customer must send a copy of their complaint to the Customer Service of the Website www.m-exception.com, by email or by registered letter with acknowledgment of receipt, to the addresses listed in the “Customer Service and Complaints” Article of the General Terms and Conditions. Maison d’exception will then contact the Customer by email to organize the return of the Products at Maison d’exception’s expense. Furthermore, the Customer will have the following choice:

  • maintain their order and obtain a new delivery (except in the event of unavailability of the Product), this starting a new delivery period, or,

  • resolve the order, Maison d'exception proceeding to reimburse the price paid under the terms and conditions defined in the paragraph "Reimbursement of Products" of the Article "RIGHT OF WITHDRAWAL".

Article 8 – RIGHT OF WITHDRAWAL

The Customer has, from receipt of the products, a withdrawal period of fourteen (14) days to exercise his right of withdrawal, without having to justify himself or pay a penalty, at the address below: BOUTIQUE Maison d'exception N°1 rue du maillet 57100 Thionville - France 8.1 EXERCISE OF THE RIGHT OF WITHDRAWAL The Customer must inform Maison d'exception, within fourteen (14) days of his decision to withdraw by sending: - by any written means (mail, email, fax) expressing his wish to withdraw; or In the case of an order for several products delivered separately, the Customer has a withdrawal period of fourteen (14) days from receipt of the last product. The return costs are the responsibility of the Customer. These costs are estimated at a maximum of approximately 30 EUROS. Maison d'exception undertakes to do its utmost to respond to the Customer as quickly as possible. When the Customer exercises his right of withdrawal, the Customer undertakes to return the Products no later than fourteen days following the communication of his decision to withdraw. Failing this, the right of withdrawal will not be effective and the sale will be final. The Products must be returned intact, clean and complete (i.e. in perfect condition for resale, unmodified, in their original packaging), accompanied by any instructions and accessories. The Customer must return the Products by clearly indicating on the package the invoice number or the return number assigned to him. The Customer must also include a copy of his invoice in the package. It is the responsibility of the Customer who exercises his right of withdrawal to reserve proof of the return of the goods by him (presentation of a registered mail receipt, presentation of a document provided by the carrier, etc.). Prior to reimbursement, Maison d'exception reserves the right to carry out the necessary checks in the event of a discrepancy between the returned Products and the attached invoice or return number. 8.2 REIMBURSEMENT OF PRODUCTS The Customer will be reimbursed an amount equal to the price of the returned Products plus the shipping costs paid for the canceled order, with the exception of additional delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by Maison d'exception. The costs of returning the Products, the maximum amount of which is indicated above, will remain the responsibility of the Customer. This reimbursement will be credited to the bank account from which the payment received by Maison d'exception was issued. The refund will be made no later than fourteen (14) days from the date on which Maison d'exception was informed of the Customer's decision to withdraw, subject to receipt of the products in good condition or the Customer providing proof of actual shipment of the products. Maison d'exception will make the refund using the same means of payment as that used by the Customer when validating the order, unless the Customer expressly agrees to the refund of the amount by another means of payment and to the extent that the refund does not incur any costs for the Customer.

Article 9 – CUSTOMER SERVICE AND COMPLAINTS

The Website Customer Service is available to Customers for any information, Monday to Friday:

  • by email: support@m-exception.com

  • by mail to the following postal address:

Boutique Maison d'exception Internet Customer Service N°1 rue du maillet 57100 THIONVILLE - FRANCE Maison d'exception undertakes to do everything possible to respond to the Customer as quickly as possible.

Article 10 – RESPONSIBILITY

Maison d'exception cannot be held liable and Maison d'exception cannot be held liable under any circumstances for damages of any kind, whether material or immaterial, indirect, or physical, which could result from: - improper use of the Products by the Customer, in contradiction with usage, usual rules of caution and the information notices provided, - an inadequacy between the photographs and texts reproduced illustrating the Products offered and their characteristics, communicated for illustrative purposes and not contractual. Maison d'exception does not intend to sell its Products to professionals. Maison d'exception will therefore not incur any liability in the event of direct or indirect damage suffered by a professional. Maison d'exception cannot be held liable in the event of the occurrence of a force majeure event, i.e. an irresistible and unforeseeable event.

Article 11 – MISCELLANEOUS

11.1 NULLITY OR ILLEGALITY OF A CLAUSE In the event that one of the provisions of these General Terms and Conditions is deemed null or illegal, the validity and legality of the other provisions will not be affected. 11.2 INTELLECTUAL PROPERTY All texts, comments, works, illustrations, images and any other element appearing on the Website www.m-exception.com are the full and entire property of Maison d'exception. As such, any reproduction, representation, modification, adaptation or use of any of these elements is prohibited and constitutes an infringement that may incur the civil and criminal liability of the infringer. 11.3 PERSONAL DATA The information and personal data communicated by the Customer to Maison d'exception are intended to be used by the internal services of Maison d'exception and by its service providers, for the purposes of processing the Customer's Order. Maison d'exception may communicate this information to third parties. Maison d'exception may offer its customers who wish it offers from Maison d'exception partners. In these cases, Maison d'exception guarantees the confidentiality of customer information. Offers will be routed either by Maison d'exception or by a trusted partner. In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the Customer may exercise their right of access and their right to rectify or delete information concerning them by sending their request: - on the Website www.m-exception.com, in the "Contact", "Customer Service" section or directly by email to support@m-exception.com - or by post (indicating their email address, surname, first name, postal address), to the following address: BOUTIQUE Maison d'exception Internet Customer Service No. 1 rue du maillet 57100 THIONVILLE - FRANCE 11.4 SETTLEMENT OF DISPUTES AND APPLICABLE LAW These General Terms and Conditions are subject to French law. However, in the event of a dispute, the Customer will have the option of seeking, as a priority over any legal action, an amicable solution to the dispute. The Customer may then contact Customer Service, the contact details of which are provided in the "CUSTOMER SERVICE AND COMPLAINTS" section. In the absence of a prior amicable settlement between Maison d'exception and the Customer, all disputes arising in the context of the relationship between the Customer and Maison d'exception will be submitted to the competent courts.