Terms of Sale

EDITIONS DE PARFUMS FREDERIC MALLE FRANCE WEBSITE TERMS AND CONDITIONS OF SALE

The following Terms of Sale of sale (“Terms of Sale”) apply to the offer and sale of products either: ( 1) through the Editions de Parfums Frederic Malle France website located at www.fredericmalle.com/eu (the “Site”); or (2) by phone at (212) 249-7941 via the customer contact centre of Frederic Malle (the “Customer Service Centre”) from Mondays to Saturdays (12-19 PM Paris time) .These Terms of Sale exclusively apply to sales made through the Site or Customer Service Centre. Sales conducted through EPFM retail boutiques, shop-in-shops or authorized retail partners are not subject to these Terms of Sale.

By making a purchase through the Site or the Customer Service Centre, you acknowledge that you have read, understood, and accepted, without limitation or qualification, these Terms of Sale, as well as our Terms of Use and Privacy Policy

1.Identification of the Vendor

2.General Provisions

• To b e eligible t o purchase products through the Site o r the Customer Service Centre customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) have a delivery address outside of the United States or Canada; (c) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (d) hold a valid credit card.
• These Terms o f Sale are available in French and in English and shall be governed by French law. Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to expressly accept these Terms of Sale. Customers may save or print these Terms of Sale, which are also available at any time on the Site. These Terms of Sale may be modified at any time.
• The Terms of Sale applicable to an order shall be the ones published on the Site (i) at the time that an order has been placed on your behalf by a Customer Service representative (when the order is placed through the Customer Service Centre) or (ii) at the time the customer places an order (in the case of an order placed through the Site). Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due. For orders placed through the Customer Service Centre, the Terms of Sale applicable to a customer’s order will be sent to the customer by email if they have provided your email address. In any case (and, in particular, for orders placed through the Customer Service and for which a customer has not provided their email address) the main provisions of these Terms of Sale will be printed on the back of the invoice for that order.

3.Products

• Information on products is available on the Site or via the Customer Service Centre and is provided in accordance with French law.
• We will take all reasonable care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are accurate, complete, reliable, current, or error-free.
• The products described on the Site, and any samples thereof that we may provide to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that, in our sole discretion, may result in the violation of these Terms of Sale.

4.Prices

• All prices indicated for products available via the Site or the Customer Service Centre are [inclusive of VAT] at the current rates and are expressed in Euros. Delivery charges shall be added to the price of the products and are indicated separately on the order form.
• We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors.In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
• Prices may be modified at any time. Applicable prices shall be the ones published on the Site at the date of placing of an order by customer.

5.Placing an Order

• The customer can navigate freely on the Site without being bound to placing an order. If the customer chooses to do so, the customer will be guided through the process of placing an order by a series of simple instructions on the Site or the Customer Service Centre.
• EPFM reserves the right to limit the quantity of products that can be ordered by customer in a single purchasing session via the Site or the Customer Service Centre. In any case, order quantities (via the Site or the Customer Service Centre) are limited as follows:
  • Customer may purchase no more than eight (8) units of an identical SKU, per individual sales transaction.
  • Customer may purchase no more than a maximum of fourteen (14) units per individual sales transaction.
  • Customer may place no more than three (3) orders per day.
• For any order of more than six (6) products, customers must order through the Customer Service Centre and pay via bank transfer with delivery to be initiated only upon receipt of the full payment.
• Customer must click “Add to bag” to place the product selected in the desired quantity in their “Shopping Bag”. Customer may decide to continue shopping for other products and add them to their Shopping Bag or proceed to checkout by clicking the “Proceed to Checkout” button. At any time during shopping customer may review the products in their Shopping Bag by clicking on “Proceed to Checkout”. Customer may remove products from their Shopping Bag by clicking on “Remove” next to the chose product in the Shopping Bag”.Customer may also call the Customer Service Centre and a sales representative will provide the customer with product information and assist the customer with a purchase.
• Customer must follow the onscreen instructions to proceed through the checkout process on the Site. The customer may always correct any errors in data he/she has entered, change the Shopping Bag contents, by adding or removing one or more products from the Shopping Bag, or cancel the entire order during checkout before sending his/her order. Before submitting an order on the Site, the customer shall acknowledge and declare that he/she has read all the instructions provided during the checkout process and fully accepts these Terms of Sale, through a confirmation action on the Site (for example, by ticking a box). The customer places an order request for products via the Site by clicking on the “Place Order" button at the end of the order process. When ordering via the Customer Service Centre a sales representative will follow the order process on your behalf.
• After an order has been submitted, a submission page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of French law, the email confirming receipt o f the order contains a summary o f the Terms o f Sale, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.
• If an order confirmation does not arrive within 24 hours after submission, customer may contact us at (212) 249-7941 or via email at contactus@fredericmalle.comfor assistance.
• If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at (212) 249-7941 or via email at contactus@fredericmalle.com. For fastest service, customers should have their order number available.

6.Gift-Wrap; Gift Note

• We always take special care of orders.We will be happy to create a beautiful gift package at no additional charge. Packages may b e delivered with a EPFM Box or special packaging depending on their availability. The EPFM Box or special packaging may be valuable. In case you decide to return a product delivered in a EPFM Box or special packaging,the product should be returned in its original a EPFM Box or special packaging.
• If the customer wishes to have his/her order packaged as a gift, he/she must simply click on the “Gift Wrap” option during “Checkout”.
• In case a“Gift Wrap” order request includes more than one product, we will create one gift package for all of them.
• You may personalize your order by adding a complimentary gift note printed by EPFM containing your message.EPFM reserves the right to withhold or refuse acceptance of any order for products accompanied by a gift note that contains language that is objectionable or unlawful

7.Offer Codes

• To redeem an offer code, customers must enter their code into the “offer code” box during the checkout process on the website. Offer codes are case sensitive and should be entered exactly as they appear.
• When an offer code is accepted, the offer will be displayed in the “Order Review”.
• One offer code may be used per order.

8.Payment Options

• Customers may pay for the products by credit card.EPFM accepts the following credit cards for payments: Visa, MasterCard and American Express credit cards and through the PayPal platform with a non-US or Canada billing address.EPFM also accepts international Visa, MasterCard and American Express credit cards from any EU Member State, provided that your shipping address is outside the United States or Canada.
• American Express credit cards cannot be used for sales made through the Customer Service Centre.
• EDFM will authorize and process your payment when submit your order to purchase products on the Site or through the Customer Service Centre. Your payment card will be charged the applicable purchase price at such time. By submitting products your order on the Site or through the Customer Service Centre, you expressly authorize EPFM to perform such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.
• For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
• All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to EPFM, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
• If you order through the Customer Service Centre, you will need to communicate to the8.6. Customer Service Centre your payment card number and your three digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be monitored o r recorded for security reasons or quality assurance purposes.EPFM will never otherwise store your payment card number and your three- or four- digit security code. Please refer to our Privacy Policy. for more details about how and how long we may use or keep your personal information and the conversation recordings.

9.Order Inquiries

• Generally, products are shipped within several days of receipt of an order.For any shipping information customers may contact EPFM at (212) 249-7941 or via email at contactus@fredericmalle.com.
• Customers can check the status of their most recent orders by visiting the Order History page under “My Account”. This is the easiest and fastest way to get the most current information regarding customers’ orders.
• When the customer clicks on Order History page, he/she will be prompted to log in with. his/her email address and password. An order summary page will provide the customer with detailed information about his/her current and past orders. After an order is shipped, the relevant tracking number, if available, will be displayed. Customers can track the delivery status of the order by checking within your Order History.
• Occasionally, orders or parts of an order are cancelled by our system for various reasons.. Some reasons are:
  • Item(s) not available
  • Impossibility in processing payment information
  • Cannot deliver to address provided
  • Duplicate order was placed
  • Cancellation due to a customer request
• If an order is cancelled, the customer will receive an email to explain the reason for the. cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, he/she may contact EPFM at (212) 249-7941 or via email at contactus@fredericmalle.com.

10.Delivery

• Orders are processed and delivered on regular business days only (Monday through Friday,. excluding bank holidays). Orders placed on Saturday and Sunday will b e processed on the following working day.
• EPFM only delivers to addresses outside the United States and Canada. We. are unable to process orders to a P.O Box address or military addresses.
• Shipping charges shall be borne by the customer and are indicated separately on the order. form and the delivery note.For our more information regarding shipping charges see our Delivery page.
• When estimating package delivery time, please allow time for credit approval, address. verification and order processing. Once the order is processed and ready for dispatch,EPFM will send you the confirmation of order by email. You can access a tracking number that will allow you to track the status o f your order online by reviewing [Order History] under “My Account”.
• EPFM will use reasonable efforts to meet the delivery times from the set forth on our Delivery page.
• Saturday and Sunday will not be considered as a regular business day with respect to. estimated delivery time. Delivery on Saturday may however be proposed as a service to specific post codes by the Customer Service Centre. Please contact the Customer Service Centre for more information.
• In accordance with Article L.216-1 to L.216-3 of the Consumer Code, the products shall b e delivered within thirty (30) days from the day following that o f the order placment by the customer, unless we notify the customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.
• EPFM insures each purchase during the time it is in transit until it is. delivered to you. We require a signature by a person who has reached the age of majority to confirm your acceptance of each Product delivered, at which point risk and responsibility for your purchased products pass to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by EPFM and transfer of risk and responsibility to the recipient in the same way as if the product had been delivered to you.

11.Right of Withdrawal

• EPFM is committed to offering customers the finest fragrance products. available. If the customer feels the products they received from EPFM do not meet this expectation, pursuant to Article 221-18 of the Consumer Code, the customer has the right to withdraw from the contract, without specifying any reason, within fourteen (14) working days of the date the products were received. No returns will be accepted after this return period.
• Pursuant to Article L.221-28 of the French Consumer Code, the right to withdraw does not. apply when the customer opened the packaging of the products further to delivery and when hygiene or health protection purposes prevent the return of such products.
• Notification of customer’s intention to exercise the right o f withdrawal can be done by. emailing us at email at contactus@fredericmalle.com. with customer’s order details, including customer order number and the description of the products which are being returned. Within the order packaging, the customer will find a dispatch note with details of the order together with details of our returns process. If the products listed on the delivery note do not match those contained in your delivery, customer should notify EPFM immediately by calling (212) 249-7941 or v ia e mail at contactus@fredericmalle.com
• If the customer returns products for reasons other than defects in the products, o r. incomplete or incorrect delivery, he/she will be required to arrange and pay for the return of the products to EPFM.
• If you have exercised your right of withdrawal you must send back the. product to the EPFM Returns Department without undue delay and in any event not later than fourteen (14) days from the day on which you informed EPFM that he or she does not want to keep the product. Any failure to do so may delay any reimbursement that you may be entitled to receive.
• It is strongly recommended that the parcel be sent by a recorded delivery service (one. that requires a signature upon receipt). We cannot be liable for returned products lost in transit. Only merchandise received by the EPFM Returns Department will be eligible for a refund.
• Products that have been purchased through the Site or the Customer Service Centre. may be returned to Returns Department at the following address:
  EDITIONS DE PARFUMS FREDERIC MALLE
  RETURNS DEPARTMENT
  21 Rue Du Mont Thabor
  Paris 75001
  FRANCE
• Products that have been purchased through the Site or the Customer Service Centre. cannot be returned to a EPFM boutique or an authorized Frederic MalleEPFM retail partner.
• The above provisions are only applicable to purchases made through the Site or the. Customer Service Centre. Products purchased a t a EPFM boutique will be subject to the return policy of the applicable boutique.

12.Reimbursement

• Upon exercising the right of withdrawal, EPFM will reimburse the customer. the full price of the products within thirty (30) days of the date of receipt of the withdrawal, provided that they are shipped back unused and undamaged and comply with these Terms of Sale. Refunds will only be made against the original credit card used. We will send to the customer a notification email once the reimbursement has been made. Only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund but they may request an exchange in accordance with the Section titled “Exchanges” below.
• Upon receiving a return, EPFM will verify that the returned product satisfies. the conditions of the return policy and these Terms of Sale and then proceed with its reimbursement.
• The products shall b e returned i n a n unused state and in perfect condition, with a ll. protective materials in place and tags and stickers attached to them subject to quality inspection and functional testing as defined below. You must take reasonable care of the product when examining it. With regard to any deterioration of the product, compensation is only due if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing o f the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet. Any failure to return the original EPFM Box or special packaging in proper condition will entitle EPFM to withhold the corresponding value from such refund.
• As to perfumes, the product must not be opened and must be returned in its original. packaging. If the pump of the bottle of the perfume has been initiated, the item will not be accepted for return or exchange.

13.Exchanges

• Customer may exchange a product purchased on the Site or through the Customer Service. Centre for another product subject to the same terms as the withdrawl right set out above.
• If a product is returned to the EDFM Returns Department by the customer for an exchange,. the original order will be cancelled and the customer will be entitled to receive a refund o f the price difference if the product to be exchanged is more expensive than the desired product or will be charged the price difference if the product to be exchanged is less expensive than the desired product. A new order will be placed in accordance with these Terms of Sale with respect to the exchanged product.
• EDFM will send an invoice to the customer which specifies the value o f the returned. product, the price of the product for which the original product has been exchanged and the difference to be paid by customer or the amount that the customer is entitled to receive, as indicated below.
• The new delivery will subject to the shipping costs and delivery times indicated above

14.Lack of Conformity

In case of lack of conformity of products pursuant to Article L.217-4 to L.217-12 of the Consumer Code , the legal guarantees established by such provisions will apply. The customer has the right to have the products brought into conformity free of charge by repair or replacement. In case of failure of one of the remedies above, the customer has the right to have an appropriate reduction made in the price o f the products, or the contract cancelled. The customer waives these rights if it fails to notify us of the lack of conformity within two (2) months of the date on which the customer detected such lack of conformity. We shall be held liable where the lack of conformity becomes apparent within two (2) years as from delivery of the products.

15.Guarantees

• Pursuant to Article L.217-15 & seq of the Consumer Code, some of the products sold. on the Site may benefit from a commercial guarantee, the duration and conditions of which are specified on the Site. In the event such a guarantee applies, the customer will receive along with the product a written guarantee statement specifying its scope, duration, terms, conditions and address of the guarantor.
• Independently from any commercial guarantee which may apply, we also guarantee the. absence of defects in our products pursuant to Articles 1641 to 1648 and 2232 of the Civil Code.

16.Force Majeure

We shall not be liable for the non-performance or partial performance of our obligations under these Terms of Sale in the event of force majeure, as defined by applicable law. In case of force majeure, we will duly inform the customer within five (5) working days of the occurrence of the force majeure event. Further to a delay of one month due to force majeure to deliver the product, we undertake to reimburse the customer the full price of the products as well as delivery costs.

17.Customer Service, Online Dispute Resolution and Mediatio

• In case of complaint about a purchase made through the Site or the Customer Service. Centre, you may contact us at (212) 249-7941 or via email at contactus@fredericmalle.com.
• According to EU Regulation no.524/2013 on online dispute resolution for consumer. disputes, you may refer disputes through t o the E U Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
• Likewise and pursuant t o Article L.611-1 t o L.611-3 o f the Consumer Code, a. customer having placed an order is entitled to refer disputes related to the sale o f the products to the following Alternative Dispute Resolution entity, free of charge:
ANM (Association Nationale de la Médiation)
62, Rue Tiquetonne
PARIS
Phone : 0142338103
Website : http://www.anm-mediation.com/

18.Applicable Law and Jurisdiction

• These Terms of Sale are governed by French law and must b e interpreted i n. accordance with French laws.
• Any disputes arising from the interpretation, validity and/or execution of these Terms. of Sale shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer.

19.Contacts

For any information and support on products and methods of purchase through the Site the customer may contact us at (212) 249-7941 (Monday to Saturday; 12PM -19 7PM Paris time) or via email at contactus@fredericmalle.com or by post to the following address: