Terms and Conditions of Sale
The e-commerce website www.panouge.com (named as the « Site ») is published by PANOUGE SAS, a simplified joint-stock company with a share capital of 600 000 euros, registered on the Register of Commerce and Companies in Paris under the number 329 530 646, SIRET number 329 530 646 00036, Inter-community VAT number FR 57 329 530 646, and whose registered office is located at 12 avenue Victor Hugo 75116 Paris, France.
Director of publication: PANOUGE SAS
Phone number: +33(0)18.104.22.168.32
ARTICLE 1: OBJECT
These Terms and Conditions of Sale shall exclusively apply to all sales of products made to individuals in their capacity of consumers hereafter referred to as the “Client” via the website www.panouge.com.
It is stipulated that the Products are intended exclusively for personal use by the Client and may not be acquired with the intention of resale. For any professional request, please contact the Sales Department on this email: firstname.lastname@example.org
PANOUGE SAS reserves the right to modify these Terms and Conditions of sale at any time, without notice.
The client has access to the latest version by clicking on the link “Terms of Sale” of the website.
ARTICLE 2: ACCEPTANCE OF TERMS OF SALE
By ordering a Product from the Site, the Client acknowledges his awareness of these Terms and Conditions of Sale and accepts them unreservedly. These Terms and Conditions of Sale may be subject to further changes, the applicable version to the purchase of the Client is the current one on the site at the time of placing the order. No signature will be required from the Client for this acknowledgement to be valid.
It is stipulated that the nullity of a contractual clause shall not imply nullity of the Terms and Conditions of Sale.
The temporary or permanent non-application of one or several clauses of these Terms and Conditions of Sale by a professional seller shall not be deemed a waiver of the other Terms and Conditions of Sale clauses which continue to be in force.
ARTICLE 3: THE PRODUCTS
The products available for sale are those that feature on the website the day that the Client consults it.
Each product is accompanied by a description, a photograph and a price. All these contents shall reflect the products in the closest possible way. However, if simple errors or omissions appear on the Site or any other related sites, PANOUGE SAS may not be held responsible.
PANOUGE SAS reserves , at any time, the right to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that PANOUGE SAS had already accepted prior to implementing such amendments.
ARTICLE 4: AVAILABILITY
Products are offered according to their available stock. If a product is out of stock after order confirmation, PANOUGE SAS will inform the Client by phone or by email as early as possible. The Client will have then the choice between ordering a new Product, waiting for a new availability of the Product, or being reimbursed.
In the latter case, PANOUGE SAS will reimburse the Client no later than thirty (30) days from the date of the payment reception, if the account has been debited.
PANOUGE SAS does not incur any liability in case of out of stock or unavailability of a product.
ARTICLE 5: PRICE
Prices are indicated in Euros including VAT, taking into account the value-added tax applicable on the day of the order; all changes in rate can be reflected in the price of the products and services.
The applicable prices are those specified on the Site at the time of order placement by the Client, excluding any typographical error that may occur. The Products prices exclude shipping costs, which are invoiced additionally in the checkout total. Shipping costs are indicated during the ordering process. Customs duties are not included in the product prices or in the total amount invoiced and could be due at the shipping according to local regulations.
PANOUGE SAS reserves the right to modify all prices at any time and without notice, on the basis that the prices mentioned on the Site the day of the order will be the only price applicable to the Client. Consequently, such changes shall not affect any orders already accepted by PANOUGE SAS.
PANOUGE SAS reserves the right to put free products or samples in the order of the Client.
ARTICLE 6: ORDERING
The orders will be placed only by Internet and on the website: www.panouge.com. The Client shall bear telecommunication costs pertaining to Internet access and use.
By browsing the Site, the Client can find out about the Products offered for sale on the day he views the Site. The Client is not committed in any way to make an order by browsing the Site. The choice and purchase of a Product is placed under the sole responsibility of the Client. While browsing the Site, the Client who wishes to make an order may do so just by clicking on the icon “Add to Cart”. By default, the stated quantity is 1. If the desired quantity ordered is higher than 1 unit per reference , the Client can manually change the quantity into the Cart.
PANOUGE SAS cannot send by a single parcel any quantity exceeding 5000 ml (Five liters) of Perfume as it is prohibited by courier and postal services. In the case that one order exceeds this quantity, the shipment shall be fractioned to a number of parcels to comply with this regulation.
The Client can view its order by clicking on icon “My Cart” and can at any time complete it, amend it, or cancel it until effecting the payment.Once the selection of the Products has been completed, the Client will be able to order them by clicking on “Next Step” in his cart.
Then the client is invited to fill in the form with personal information (surname, name, address, email, phone number, delivery address if this one is different from the billing address). Then the Client will choose the desired delivery mode.
The Client acknowledges and guarantees that the information is valuable and correct and that he is the person associated to the information provided.
The Client shall verify all information relating to its order, select a payment method, read and unreservedly agree with these Terms and Conditions of Sale. The Client must verify its address of delivery and modify it if needed. Otherwise, billing address will be considered as the address of delivery.
When the Terms and Conditions of Sale are confirmed by the Client and payment process is finalized, the Client will receive a confirmation email with all the details of the order placed.
This email does not confirm the availability of the products ordered, and the validation of payment. The sale will be considered as definitive when the Client will receive an email confirming the shipping of the order.
For the purpose of protection against credit card fraud, PANOUGE SAS reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity card , passport and or credit cards …) in order to verify , in some cases, the authenticity of the credit card and its ownership.
Unless a reply to PANOUGE SAS request for additional information is received within fifteen (15) days of the date on which the request was sent, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.
PANOUGE SAS shall reserve the right to refuse any order or delivery in in case the limits set out in the recital clauses of these Terms and Conditions of Sale being exceeded, or in case of any precedent or existing dispute with the Client, or of either total or partial non-payment of a previous order by the Client, or of card payment authorization being declined by banking institutions, or of non-payment or partial payment.
ARTICLE 7: PAYMENT AND INVOICING
Payment in Euros must be made via Internet on Site www.panouge.com when the order is placed.
The client may choose to pay either by Credit Card (Visa, MasterCard), or with his PayPal account. In both cases, the Client will be redirected to the PayPal Website. In being redirected to PayPal Website, PANOUGE SAS shall not be held responsible for any fraudulent use of the Client personal information.
Orders are processed upon receipt of the total amount.
PANOUGE SAS holds the property rights on Products until reception of full payment and until the amount is credited on its bank account or PayPal account.
In case of reimbursement, PANOUGE SAS retains the property rights on Products. In case of Products returned, PANOUGE SAS retains the right property when Products are received at the office.In the absence of confirmation by the Client’s bank within fifteen (15) days following acceptance of the order, the above-mentioned order shall be cancelled.
ARTICLE 8: DELIVERY
The online sale of the products presented on the Site is reserved for persons who reside in metropolitan France and within the European Union except Bulgaria, Greece, Malta, Cyprus and Romania due to non-insurance of postal services from France and or internal postal regulations. However, clients from these countries are invited to contact us to arrange a different way of expedition.
For security reasons, PANOUGE SAS will not process any orders for which only a P.O.BOX is provided.
The delivery in France is carried out by Colissimo or Chronopost. The Client will choose the most convenient delivery mode at the time of ordering. The delivery in European Union (except above-mentioned countries) is carried out by Colissimo.
The delivery will be made to the address indicated by the Client during the order process on the Site.
Orders are sent from the date PANOUGE SAS has sent the email with confirmation of delivery.
For information purpose, delivery times shall be as follows:
France – Colissimo : 2 to 5 business days
France – Chronopost : 1 to 2 business days
Europe – Colissimo : 4 to 9 business days
Sundays and national holidays are not considered as business days.
In any event, the order shall be processed within a maximum of thirty (30) days from the day of order confirmation and only when the full price of the order is duly paid.
Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Client by the shipper, as shown by the control system used by the shipper.
It is the Client’s responsibility to check immediately at the time of reception the conformity of the Products received.
The signature, without any notice, of the delivery slip by the Client will constitute acceptance of the Products.
In the event of damaged parcel, breakage, missing or damaged products, the Client is required to :
– List a complete and accurate claim on the delivery slip presented by the forwarder
– Keep and send to PANOUGE SAS a copy of the claim addressed to the forwarder
– When possible, attach to the mail a photo of the damaged product/parcel.
– Contact PANOUGE SAS Company within three (3) days by email: email@example.com
Any claim made after this deadline or without filling out the required form, will not be considered and PANOUGE SAS shall not be held liable in any way.
ARTICLE 9: DELAY OF DELIVERY
At the expiry of the 30 (thirty) days period, and if the ordered Product(s) has/have still not been dispatched, the Client may cancel their order by contacting PANOUGE SAS by mail on: firstname.lastname@example.org
Upon receipt of the above mail and in case the delivery was not effected in the meantime, PANOUGE SAS shall reimburse the bank account debited for the order, as soon as possible , and shall exclude all other forms of compensation.
In the event of partial delivery, the Client shall only be entitled to cancel their order for the undelivered remaining amount.
Any delay in delivery shall be notified as soon as possible by the Client via email sent to email@example.com, to enable PANOUGE SAS to conduct enquiries vis-à-vis the postal or courier services. The Client must be informed that the time required to conduct an enquiry will vary, and is beyond the control of PANOUGE SAS. If, during the course of this enquiry, the package is located, it shall immediately be re-dispatched to the delivery address designated in the order placed by the Client.
However, after enquiry and in case the package containing the Product(s) is reported to be lost, PANOUGE SAS shall, at its own expenses, re-dispatch the Product(s) to the Client or in the event of permanent unavailability, shall refund the Client, into the account debited on placement of the order, for the amounts received in accordance with the Terms and Conditions of Sale.
PANOUGE SAS cannot be held responsible for shipment delays due to cases of force majeure or other events occurring as well as strikes.
ARTICLE 10 : RETURN RIGHT
The Client shall be entitled to a return period of fourteen (14) business days. This period extends from the order delivery date to return date of the ordered Product(s) by the client at his own expenses. The Client shall inform PANOUGE SAS of his decision to return the products by email. Where the time period would end on a Saturday, Sunday or public holiday, it shall be extended until the end of the first following working day based on the date of the postmark.
In case of return, the Product(s) must be imperatively complete and in perfect condition in their original packaging together with the delivery note, and an accompanying letter to the following address: PANOUGE SAS – E-SHOP, 12 avenue Victor Hugo – 75116 PARIS, France.
The return right does not apply to opened products or products already used nor to products on which the protecting cellophane (transparent film) has been unsealed or removed.
The buyer shall retain all proof of this return.
PANOUGE SAS undertakes to reimburse the Client, into the bank account debited for the order, within a maximum of thirty (30) days from the date PANOUGE SAS receives the Products(s), subject to compliance with the conditions set above. Only the value of the returned Products will be reimbursed, the transport costs will not be refunded. In case of exchange, costs of new delivery will be borne by PANOUGE SAS.
ARTICLE 11: PRODUCT COMPLIANCE and GUARANTEE
The Products comply with current safety and public health legislation, fairness of trade transactions and consumer protection at the time of they are being placed in the market, in accordance with article L411-1 of the consumer code.
PANOUGE SAS as a professional vendor, guarantees that the Products comply with their designated use, and present no hidden faults or defects rendering them dangerous or unsuitable for their intended use.
In case of any non-compliant Product, the Client must contact the Consumer Department of PANOUGE SAS at the following address: firstname.lastname@example.org
The Consumer Department shall then inform the Client of the procedure to be followed.
On reception of the Product(s) deemed to be non-compliant, PANOUGE SAS shall inspect the Product(s) as soon as possible. If the non-compliance of the Product(s) is confirmed, PANOUGE SAS shall then reimburse into the bank account debited for the order, the non-compliant Product(s) within a period of thirty (30) days following receipt of the non-compliant Product(s) and the initial delivery costs.
List of ingredients:
PERLE RARE: ALCOHOL DENAT. (SD ALCOHOL 39-C) – PARFUM (FRAGRANCE) – AQUA (WATER) – BENZYL SALICYLATE – BUTYLPHENYL METHYLPROPIONAL – LINALOOL – COUMARIN – GERANIOL – CITRONELLOL.
PERLE RARE GOLD: ALCOHOL DENAT. (SD ALCOHOL 40-B) – PARFUM (FRAGRANCE) – AQUA (WATER) – BENZYL SALICYLATE – BUTYL METHOXYDIBENZOYLMETHANE – ALCOHOL – TRIS (TETRAMETHYLHYDROXYPIPERIDINOL) CITRATE – CI 19140 (YELLOW 5) – CI 14700 (RED 4) – SODIUM SULFATE – CI 17200 (RED 33) – ALPHA-ISOMETHYL IONONE – COUMARIN – EUGENOL – ISOEUGENOL – LIMONENE – LINALOOL – BENZYL ALCOHOL – BENZYL BENZOATE – BUTYLPHENYL METHYLPROPIONAL.
PERLE RARE HOMME: ALCOHOL DENAT. (SD ALCOHOL 40-B) – AQUA (WATER) – PARFUM (FRAGRANCE) – BHT – ALPHA-ISOMETHYL IONONE – CITRAL – CITRONELLOL – COUMARIN – GERANIOL – LIMONENE – LINALOOL – BUTYLPHENYL METHYLPROPIONAL.
PERLE RARE HOMME BLACK EDITION: ALCOHOL DENAT. (SD ALCOHOL 40-B) – PARFUM (FRAGRANCE) – AQUA (WATER) – ETHYLHEXYL METHOXYCINNAMATE – ETHYLHEXYL SALICYLATE – BUTYL METHOXYDIBENZOYLMETHANE – BHT – CI 17200 (RED 33) – CI 42090 (BLUE 1) – CI 19140 (YELLOW 5) – ALPHA-ISOMETHYL IONONE – CITRAL – CITRONELLOL – COUMARIN – EUGENOL – GERANIOL – AMYL CINNAMAL – HEXYL CINNAMAL – LIMONENE – LINALOOL – BENZYL ALCOHOL – BENZYL BENZOATE – BENZYL SALICYLATE – BUTYLPHENYL METHYLPROPIONAL.
PERLE RARE NUIT: ALCOHOL DENAT. (SD ALCOHOL 40-B) – PARFUM (FRAGRANCE) – AQUA (WATER) – ALPHA-ISOMETHYL IONONE – CINNAMYL ALCOHOL – CITRAL – COUMARIN – LIMONENE – LINALOOL – METHYL 2-OCTYNOATE.
PERLE RARE ROSE: ALCOHOL DENAT. (SD ALCOHOL 40-B) – PARFUM (FRAGRANCE) – AQUA (WATER) – ETHYLHEXYL METHOXYCINNAMATE – BUTYL METHOXYDIBENZOYLMETHANE – ETHYLHEXYL SALICYLATE – BHT – CI 60730 (EXT. VIOLET 2) – CI 17200 (RED 33) – ALPHA-ISOMETHYL IONONE – CITRAL – CITRONELLOL – FARNESOL – GERANIOL – HEXYL CINNAMAL – HYDROXYCITRONELLAL – LIMONENE – LINALOOL – BENZYL ALCOHOL – BENZYL BENZOATE – BENZYL SALICYLATE – BUTYLPHENYL METHYLPROPIONAL.
ARTICLE 12 : RESPONSABILITY
PANOUGE SAS, in the process of online sale, held only by a best effort undertaking, it cannot be held responsible for any damage resulting from using the Internet network such as loss of data, intervention, virus, breakdown of the service, or any other involuntary problems.
The company PANOUGE SAS cannot control the risks implied by the use of Internet and draws the Users’ attention to the existence of potential risks inherent to the use of the Site.
PANOUGE SAS and its publisher or members of staff cannot be held liable for :
- any direct or indirect damage resulting from use of this Website, in particular any operating, financial or commercial losses, or program or data destruction in any computer system
- any damage resulting directly or indirectly from the contents or the use of websites linked to the Site
- impossibility of reaching the Site and/or the one of Internet sites linked to the Site
- any errors or omissions that may be found in the Site
ARTICLE 13 : LEGALLY REQUIRED INFORMATION AND LEGAL CLAUSES
13.1 Data protection
In accordance with the Data Protection Act of 6 January 1978 , the Consumer shall have the right to access, modify, correct and delete personal information pertaining to them that is collected by PANOUGE SAS.
The Site is in process to be declared to the French data protection authority (CNIL).
13.2 Use of personal data
The personal data collected during the use of the site, specifically at the inception of the connection to the site or when the client completes a questionnaire, are coded into a computer for improving knowledge of its users, for commercial management, prospection and loyalty.
The collected data may also be used by PANOUGE SAS in order to send commercial or targeted promotional offers to its Users.
In accordance with the legal obligation, data shall be kept for a limited time, corresponding to the purpose for which the User gives such information.
The exercise of that right can be done via the online form accessible in “Contact” on the Site, or by written an email to: email@example.com
13.3 Force majeure:
Neither one of the Parties shall be held liable in the event of either total or partial non-compliance with their obligations, where such non-compliance is as a result of unforeseeable circumstances or a force majeure scenario for example, but not exhaustively, flooding, fire, storm, lack of raw materials, transport strikes, partial or total industrial action, or a lock-out. The Party affected by such an event shall be required to inform the other Party as soon as possible and at the latest within five (5) business days from the occurrence of the above mentioned event.
The Parties agree that they shall come together to work out the terms for execution of the order during a force majeure event.
In case the force majeure event lasts for more than one (1) month, PANOUGE SAS may choose not to honor the order, and PANOUGE SAS shall be required where necessary to reimburse the Client the amounts paid by the latter for the order in question.
13.4 Integral nature of the contract
These Terms and conditions of Sale and the order summary passed on to the Client shall form a contractual whole which shall constitute the entirety of the contractual relations between the Parties.
13.5 Cookies :
The visit of this Site activates cookies to facilitate and collect information about its use. A cookie is a computer file that records on the User’s hard disk notifying the visit. The User can disactivate cookies at any moment by changing the settings of his browser.
13.6 Archives – Proof
PANOUGE SAS will keep order forms and invoices on a reliable and durable system to constitute a mean of evidence as per provisions of Section 1360 of the French Civil Code.
The computerized records shall be deemed by the parties to be proof of the communications, orders, payments and transactions occurring between them.
ARTICLE 14: INTELLECTUAL PROPERTY
The Site www.panouge.com and each of its component elements, such as texts, architecture, software, animations, images, photos, illustrations, graphs, videos, logos, brands, including software items in connection with the Site (named as “Contents”) may contain confidential or information protected by intellectual property laws or any other applicable law.
Unless otherwise specified, the intellectual property rights on the Contents are the exclusive property of PANOUGE SAS, who grants no license or right other than that of viewing the Site.
Reproduction of all or part of Contents published on the Site is authorized only for personal and private use, any reproduction or use of copies of the Contents for other purposes, in any manner or form, is strictly prohibited.
It is forbidden for the user of the Site to copy, modify, create a derivative work of, reverse assemble, decompile, assign, sublicense or transfer, in any manner or form, any Contents from the Site
Any simple or hypertext link is strictly forbidden without express written agreement from the Company PANOUGE SAS, and should be removed upon simple request of this one.
ARTICLE 15 : APPLICABLE LAW
The law applicable to the Terms and Conditions of Sale and to the related sales shall be French law.
Any dispute that may arise as regards their validity, interpretation or execution that cannot be settled amicably by the Parties shall be heard by the Court of First Instance of Paris or the Courts deemed competent by application of ordinary law.