Refund Policy

Reimbursement policy of the voyagesimaginairesparfums.comwebsite

applicable as from 16/11/2020

ARTICLE 1. PARTIES

This refund policy is applicable between Voyages Imaginaires, SAS, share capital: €10000, registered with the RCS of Paris in France on 18/02/2019, under number 848384780, registered office: 32 rue des renaudes, France, telephone: +33144402416, email: [email protected]VAT number: FR64848384780, hereinafter referred to as "the Publisher", and any individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".

 

ARTICLE 2. DEFINITIONS

" Customer ": any person, natural or legal person, of private or public law, registered on the Site.

" Site content": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

" The Publisher ": Voyages Imaginaires, SAS taken in its capacity as publisher of the Site.

" Internet user ": any person or legal entity, of private or public law, connecting to the Site.

" Product ": goods of any kind sold on the Site by the Publisher to Customers.

" Site ": website accessible at the URL voyagesimaginairesparfums.com, as well as the related sub-sites, mirror sites, portals and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing on the Website implies the acceptance by any Internet User of these general terms and conditions. The simple connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

The Internet User acknowledges that he/she is fully aware of them and accepts them without restriction. 

The fact of ticking the above-mentioned box shall be deemed to have the same value as a handwritten signature on the part of the Internet User. The Internet User acknowledges the evidential value of The Publisher's automatic recording systems and, unless he or she can prove otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions are applicable to the relationship between the parties to the exclusion of all other conditions, and in particular those of the Internet User. 

Acceptance of these general terms and conditions assumes that Internet users have the necessary legal capacity to do so, or failing this, that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is the sale of Products to Customers.

ARTICLE 5. STEPS OF THE ORDER

5.1. Order

In order to place an order, Internet Users may select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet User

By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket. 

If their order suits them, the Internet users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer

As soon as they are connected or after they have completed the registration form in full, Customers will be invited to check or modify their delivery and invoicing details, then will be invited to make their payment by being redirected to the secure payment interface with the mention "order with obligation to pay" or any similar formula. 

5.4. Confirmation of the order by The Publisher

Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same time limit, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming its processing, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Prices

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and are not effective for the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.

6.2. Method of payment

The Customer can pay by Paypal, Stripe. Credit card payments are made by means of secure transactions provided by A renseigner [bankGateways].

In the context of payments by credit card, the Publisher has no access to any data relating to the Customer's means of payment. The payment is made directly in the hands of the banking establishment.

In the case of payment by money order, cheque or bank transfer, delivery periods only begin to run from the date of receipt of payment by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Failure to pay

Agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.

Any sum not paid on the due date shall give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty prejudicing the due date of the sums due in principal.

In addition, any delay in payment will result in the invoicing to the defaulting Client of collection costs of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by a penalty clause of 20% of the amount, as well as the possibility of unilateral termination of the contract at the Client's expense. This clause falls within the framework of the provisions of article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers it excessive.

6.5. Retention of title

The Products sold remain the property of The Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. RECLAMATION - WITHDRAWAL - GUARANTEE

7.1. 7.1. Customer service

The Site's customer service is available Monday to Saturday from 09:00 to 18:00 on the following toll-free telephone number: 0144402416, by e-mail at : [email protected] or by post to the address indicated in article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to reply within 48 working days.

 

7.2. Right of withdrawal - Distance selling

The present article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where appropriate, of the cost of return. 

The period referred to in the previous paragraph shall start either from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not supplied on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last good or lot or the last part. In the case of contracts providing for the regular delivery of goods over a specified period, the time limit shall run from receipt of the first good.

Where the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the first following working day.

The decision to withdraw must be notified to the Publisher at the address indicated in article 1 of these general conditions by means of an unambiguous statement. The Customer has, for example, the possibility of using the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer shall return or restitute the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.

When the right of withdrawal is exercised, the professional is obliged to reimburse the Customer for the totality of the sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where appropriate, the professional may defer the reimbursement until the Products have been recovered or until the Customer has provided proof of the dispatch of the Products, at the earliest of the two events. Beyond that, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code. 

Where applicable, the professional shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and provided that the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse the additional costs if the Client has expressly chosen a more expensive delivery method than the standard delivery method offered. 

The direct costs of returning the Product shall be borne by the Customer. These costs are estimated at a maximum of 180 euros if, due to its nature, the Product cannot normally be returned by post.

The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, time limits and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal shall not apply, in particular, to contracts :

  • the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the Customer and express renunciation of his right of withdrawal ;
  • the supply of goods made to the Customer's specifications or clearly personalised;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection ;
  • the supply of goods which, having been delivered and by their nature, are inseparably mixed with other articles ;
  • for the supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the time of conclusion of the contract depends on fluctuations in the market which are beyond the trader's control ;
  • maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of the spare parts and work strictly necessary to meet the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery ;
  • the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications ;
  • concluded at a public auction;
  • supplies of accommodation services, other than residential accommodation, transportation services of goods, car rentals, restaurant services or recreational activities that are to be provided on a specific date or during a specific period ;
  • the supply of digital content not provided on a material support, the execution of which has begun after prior express agreement of the Customer and express renunciation of the Customer's right of retraction.

Likewise, the right of withdrawal shall not apply to contracts executed in full by both parties at the express request of the Customer before the Customer exercises his right of withdrawal.

7.3. Contract resolution on the Customer's initiative

The Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods exceeds seven days. The Customer will then be refunded the sums committed by him at the time of the order.

The present clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to take advantage of the cancellation of the sale provided for in this article.

7.4. Guarantees

7.4.1. Warranty for defects and apparent defects

It is up to the Customer to check the good condition of the Products at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity to the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the packages delivered will only be taken into account if the Customer, being a merchant, has expressed reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.

7.4.2. Warranty for defects and hidden defects
7.4.2.1. Legal guarantees

Customers have a legal guarantee of correct delivery (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a security guarantee (Articles 1245 et seq. of the Civil Code). 

Customers in their capacity as consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code). 

7.4.2.2. Conventional warranty

In addition to the legal guarantee, the Products benefit from a conventional guarantee of conformity on French territory, for a period of 1 year from the date of delivery of the Product.

7.4.2.3. Return

In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or refund. 

In any event, the Customer is requested to follow precisely the Publisher's instructions regarding the return of Products.

The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.

The consumer Customer has a period of 30 days from delivery of the goods to act with the seller. As such, he may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. 

Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. 

When the consumer Client decides to implement the guarantee for hidden defects, he can choose between cancellation of the sale or a reduction in the sale price.

ARTICLE 8. FINAL STIPULATIONS

8.1. Applicable law

The present general conditions are subject to the application of French law.

8.2. Changes to these general terms and conditions

The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implies acceptance of the new general terms and conditions.

8.3. Litigation

By virtue of the order n°2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in the context of the execution of these general conditions and whose solution has not been previously found amicably between the parties must be submitted to Medicys: www.medicys.fr.

In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Any dispute arising out of or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com.

8.4. Full

The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation by a valid stipulation corresponding to the spirit and purpose hereof.

8.5. Non-waiver

Failure by The Publisher to exercise the rights granted hereunder shall in no way be construed as a waiver of such rights.

8.6. Telephone canvassing

The Customer is informed that he has the possibility to register on the opposition list to telephone solicitation at http://www.bloctel.gouv.fr/. 

8.7. Languages of the present general terms and conditions

The present general conditions are proposed in French.

8.8. Abusive clauses

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.