Terms of sale

Scope

These Terms and Conditions of Sale (“T&Cs”) apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“Customers” or “the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website escaleparfum.com.

The products offered for sale on the website are the following:
Perfumes, Samples

The main characteristics of the Products, including specifications, illustrations, and any indications of dimensions or capacity, are presented on escaleparfum.com, and the Customer is required to review them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid while stocks last, as indicated when the order is placed.

These T&Cs are accessible at any time on escaleparfum.com and shall prevail over any other document.

The Customer declares that they have read and accepted these T&Cs by ticking the box provided for this purpose before the online ordering process on escaleparfum.com.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Wayfarer Studio
SASU with a share capital of 1,000 euros
Registered with the Paris Trade and Companies Register under number 944139294
102 avenue des Champs-Élysées, 75008 Paris
Email: contact@escaleparfum.com

The Products presented on escaleparfum.com are offered for sale in the following territories: Africa, North America, South America, Asia, Europe, and Oceania.

For any order placed outside mainland France, the Customer shall be deemed the importer of the relevant Product(s).

Customs duties, local taxes, import duties, or state taxes may apply. These shall be borne solely by the Customer.

Prices

The Products are supplied at the prices in force shown on escaleparfum.com at the time the order is registered by the Seller.

Prices are stated in euros, excluding tax and including tax.

The prices take into account any discounts that may be granted by the Seller on escaleparfum.com.

These prices are fixed and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside that period.

Prices do not include processing, shipping, transport, or delivery fees, which are charged in addition, under the conditions indicated on the website and calculated before the order is placed.

The amount requested from the Customer corresponds to the total purchase price, including these fees.

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

Orders

It is up to the Customer to select on escaleparfum.com the Products they wish to order, according to the following process:

The Customer chooses a Product and adds it to their cart, where it may be removed or modified before confirming the order and accepting these T&Cs. They then enter their contact details or log into their account and choose the delivery method. After the information is validated, the order becomes final and payment is due from the Customer according to the terms provided.

Product offers remain valid as long as they are displayed on the website, subject to stock availability.

A sale is only deemed valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and immediately report any error.

Any order placed on escaleparfum.com constitutes a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may track the status of their order on the website.

Any cancellation of the order by the Customer after acceptance by the Seller will only be possible within 2 days at the latest after acceptance of the order by the Seller and provided delivery has not yet taken place, regardless of any provisions relating to the application or non-application of the legal right of withdrawal.

Escale Parfum reserves the right to cancel any order without stating a reason.

Customer Account

To place an order, the Customer is invited to create an account (personal space).

To do so, they must register by completing the form provided at the time of ordering and undertake to provide accurate and truthful information regarding their identity and contact details, including their email address.

The Customer is responsible for keeping the information provided up to date. They may modify it by logging into their account.

To access their personal space and order history, the Customer must identify themselves using their username and password, which are provided after registration and are strictly personal. As such, the Customer must not disclose them to any third party. Otherwise, the Customer remains solely responsible for any use made of them.

The Customer may also request deletion of their account by visiting the dedicated page in their personal space or by sending an email to contact@escaleparfum.com. Deletion will take effect within a reasonable period.

In the event of non-compliance with these T&Cs and/or the terms of use, escaleparfum.com may suspend or close a customer account after formal notice sent by email remains without effect.

Any deletion of an account, for whatever reason, results in the complete deletion of all the Customer’s personal information.

Any event due to force majeure resulting in a malfunction of the website or server, and subject to any interruption or modification for maintenance purposes, shall not engage the Seller’s liability.

Creating an account constitutes acceptance of these T&Cs.

Payment Terms

Payment is made by secure means, according to the following methods:

  • payment by bank card or by bank transfer to the Seller’s bank account, the details of which are communicated to the Customer when the order is placed.

For payment by bank card, the card is debited only when the order is shipped.

However, where indicated on escaleparfum.com, the Customer may pay under the following terms and schedule: 4 monthly instalments at no extra cost via PayPal.

In such case, if payment is late and the sums due by the Customer are not paid by the above deadlines and after the payment date shown on the invoice, late payment penalties calculated at the legal interest rate applicable to the VAT-inclusive amount of the purchase price stated on the invoice shall automatically and by operation of law accrue to the Seller, without any formality or prior notice.

Late payment shall make the entire amount owed by the Customer immediately due, without prejudice to any other action the Seller may be entitled to take against the Customer.

Furthermore, in the event of non-compliance with the payment terms set out above, the Seller reserves the right to suspend or cancel delivery of any ongoing orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider handling banking transactions on escaleparfum.com.

Payments made by the Customer are only deemed final once the Seller has actually received the sums due.

The Seller shall not be required to deliver the ordered Products if the Customer has not paid the full price under the conditions stated above.

Delivery

Ordered Products will be delivered in mainland France or in the following zones: Africa, North America, South America, Asia, Europe, and Oceania.

Deliveries are made within 2 to 4 business days for mainland France and within one to two weeks for other zones, to the address provided by the Customer when placing the order on the website.

Delivery consists of transferring to the Customer physical possession or control of the Product. Except in special cases or where one or more Products are unavailable, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the ordered products within the timeframes specified above.

If the ordered Products have not been delivered within 14 days after the indicative delivery date, for any reason other than force majeure or the Customer’s own fault, the sale may be cancelled at the Customer’s written request under the conditions set out in Articles L216-2, L216-3, and L241-4 of the French Consumer Code. Amounts paid by the Customer will then be refunded no later than fourteen days after the date on which the contract is terminated, excluding any compensation or withholding.

Deliveries are carried out by an independent carrier, to the address specified by the Customer at the time of order and which the carrier can easily access.

Where the Customer has chosen to appoint their own carrier, delivery is deemed completed once the ordered Products are handed over by the Seller to the carrier, who accepts them without reservation. The Customer therefore acknowledges that delivery is the responsibility of the carrier and has no claim against the Seller in the event of non-delivery of the transported goods.

If the Customer makes a specific request regarding packaging or transport conditions for the ordered products, and such request is duly accepted in writing by the Seller, the related costs shall be subject to an additional specific charge based on a quote previously accepted in writing by the Customer.

The Customer must check the condition of the delivered products. They have a maximum of 48 hours to report any issue from the time of delivery, by letter or email, together with all supporting documents (including photos). After this period, and failing compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim may be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L217-4 and following of the French Consumer Code and under these T&Cs.

The risk of loss and damage is transferred only when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier themselves. In that case, the risk is transferred upon handover of the goods to the carrier.

Transfer of Ownership

Ownership of the Seller’s Products is transferred to the Customer only after full payment of the price, regardless of the delivery date of the said Products.

Right of Withdrawal

Pursuant to Article L221-18 of the French Consumer Code: “fourteen days to exercise the right of withdrawal from a distance contract.” For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the website, or by any other unambiguous declaration expressing the wish to withdraw, including by post sent to the Seller at the postal or email address indicated in ARTICLE 1 of these T&Cs.

Returns must be made in their original and complete condition, including packaging, accessories, instructions, and must not have been used, so that they may be resold as new. They must also be accompanied by the purchase invoice.

Opened, damaged, soiled, or incomplete Products will not be accepted.

Return shipping costs remain at the Customer’s expense.

An exchange, subject to availability, or a refund will be made within 14 days from receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

Seller Liability and Guarantees

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity for defective, damaged, or non-compliant Products,

  • the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use.

Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code
“The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when such installation has been made their responsibility under the contract or has been carried out under their responsibility.”

Article L217-5 of the French Consumer Code
“The goods conform to the contract:

  1. if they are suitable for the use normally expected of similar goods and, where applicable:

  • if they correspond to the description given by the seller and possess the qualities presented to the buyer as a sample or model;

  • if they have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer, or their representative, in particular in advertising or labeling;

  1. or if they have the characteristics defined by mutual agreement of the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”

Article L217-12 of the French Consumer Code
“An action resulting from lack of conformity is time-barred after two years from delivery of the goods.”

Article 1641 of the French Civil Code
“The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them.”

Article 1648 paragraph 1 of the French Civil Code
“An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.”

Article L217-16 of the French Consumer Code
“When the buyer asks the seller, during the course of a commercial warranty granted to them upon acquisition or repair of movable property, to carry out a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period runs from the buyer’s request for intervention or from the making available for repair of the item concerned, if this making available occurs after the request for intervention.”

To assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will refund, replace, or repair Products or parts under warranty that are deemed non-conforming or defective.

Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements, or repairs of Products deemed non-conforming or defective will be carried out as soon as possible and no later than 14 days following the Seller’s finding of the lack of conformity or hidden defect. Such refund may be made by bank transfer or cheque.

The Seller’s liability shall not be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify;

  • improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as normal wear and tear of the Product, accident, or force majeure.

Photographs and graphics presented on the website are non-contractual and shall not engage the Seller’s liability.

In any event, the Seller’s guarantee is limited to the replacement or refund of Products that are non-compliant or affected by a defect.

Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for delivery purposes. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on escaleparfum.com is as follows:

Account creation / when creating the Customer/user account:
Last name, first name, postal address, phone number, and email address.

Payment / when paying for Products offered on escaleparfum.com:
Financial data relating to the Customer’s/user’s bank account or credit card is recorded.

9.2 Recipients of personal data

Personal data is reserved for the exclusive use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer gives express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data collected for a period of 5 years, covering the limitation period applicable to contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Exercise of Customer and user rights

Under the applicable regulations on personal data, Customers and users of escaleparfum.com have the following rights:

They may update or delete the data concerning them as follows:

  • by deleting their account;

  • by writing to the email address indicated in Article 9.3 “Data controller” to delete their account;

  • by exercising their right of access to know the personal data held about them by writing to the address indicated in Article 9.3 “Data controller”;

  • if the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”;

  • they may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”;

  • they may also request the portability of the data held by the Seller to another provider;

  • finally, they may object to the processing of their data by the Seller.

These rights, insofar as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the data controller whose contact details are indicated above.

The data controller must respond within a maximum of one month.

If the Customer’s request is refused, the refusal must be justified.

The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or refer the matter to a judicial authority.

The Customer may be asked to tick a box in which they agree to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (details above) or by using the unsubscribe link.

Intellectual Property

The content of escaleparfum.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

Governing Law and Language

These T&Cs and the transactions arising from them are governed by and subject to French law.

These T&Cs are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Disputes

For any complaint, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these T&Cs.

The Customer is informed that, in any event, they may resort to amicable mediation, either through existing sector mediation bodies or through any alternative dispute resolution method (such as conciliation) in the event of a dispute.

Wayfarer Studio / Escale Parfum
Email: contact@escaleparfum.com
102 avenue des Champs-Élysées, 75008 Paris

The Customer is also informed that they may use the Online Dispute Resolution platform (ODR):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded under these T&Cs and not settled amicably between the seller or through mediation shall be submitted to the competent courts under ordinary law.