GENERAL TERMS AND CONDITIONS OF SALE
TORRENTE WEBSITE

1. PURPOSE

The purposes of these general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") are, on the one hand, to inform any possible consumer of the terms and conditions of sale, purchase and delivery of Torrente products and, on the other hand, to define the rights and obligations of the consumer and France Luxe (the consumer and France Luxe being hereinafter referred to collectively as the "Parties" or individually as the "Party") when the consumer (hereinafter referred to as the “Purchaser”) purchases Torrente products online for non-professional needs. They apply without restriction or reserve to all sales of products provided by France Luxe on its website at www.torrente.fr (hereinafter referred to as the "Site").

Therefore, the fact of any person ordering a product offered for sale on the France Luxe Site entails full acceptance of the General Terms and Conditions of Sale, which the Purchaser acknowledges having read prior to placing his order.

The General Terms and Conditions of Sale applicable to an order placed by a Purchaser on the France Luxe Site are those accepted by the Purchaser at the time of placing his order.

France Luxe may at any time amend or update the General Terms and Conditions of Sale, subject to informing any possible Purchaser in this respect prior to validating any order.

The General Terms and Conditions of Sale, which the Purchaser may at any time read on the Site by clicking the "Customer Service" heading on the Site, supplement the terms and conditions of use of the Site, which are available at any time in the "Legal notices" section of the Site and are applicable to the Purchaser.

2. ORDERING PRODUCTS ON THE SITE

2.1 Terms

Prior to placing his order, the Purchaser acknowledges that:

• the purchase of products on the France Luxe Site is not directly linked to a professional activity and is strictly limited to personal use;
• he has full legal capacity, enabling him to commit himself as regards the General Terms and Conditions of Sale.

France Luxe sells its products through the Site solely as a retailer and to final consumers. Orders placed on the Site are reserved for individuals and for "final Purchaser" firms other than for their resale.

France Luxe shall consider any order not clearly corresponding to a retail sale and, more generally, any unusual, fraudulent or presumed fraudulent order as null and void. Any resale or distribution of Torrente products purchased on the Site is formally prohibited. France Luxe reserves the right to cancel any order placed by a Purchaser with whom it is in dispute over a previous order.

2.2 Prices

The sale prices of products on the Site, which are stated in euros, are those displayed on the Site and appear in the order summary when the Purchaser submits the order. France Luxe may change the sale prices of the products at any time.

Prices include the value-added tax (VAT) applicable on the day of the order. Any change in the applicable rate will be automatically passed on to the price of products which France Luxe sells on the Site.

Sale prices do not include the flat-rate contribution in the shipping costs, which is invoiced as a supplement to the price of the purchased products. The flat-rate contribution in the shipping costs will be specified prior to the Purchaser submitting the order.

2.3 Characteristics of the products

The Site presents the essential characteristics of the products offered for sale. The Purchaser is invited to note these characteristics prior to confirming his order.

France Luxe may at any time change the composition, characteristics or range of products offered for sale on its Site.

Products ordered by the Purchaser are those presented on the Site on the day of the order. France Luxe reserves the right to change the products online on the Site, the presentations or the packaging of the products without notice.

France Luxe may not be held liable for errors or inaccuracies in photographs or graphical representations of products sold on the Site, particularly on account of the technical limitation of the colour rendering on the Purchaser’s equipment.

Offers presented by France Luxe are valid within the limit of available stocks. France Luxe shall not be held liable in case of stock shortage or products becoming unavailable. Should a product become unavailable after an order has been placed, the Purchaser will be informed of this by email. He will then be asked either to order another item shown on the Site as a replacement, or to be refunded no later than within thirty (30) days for the payment if the Purchaser’s bank account has been debited.

If there are any queries on the products put up for sale on the Site, the Purchaser may contact France Luxe customer service by clicking the "Customer service" icon on the Site.

2.4 Order

Prior to definitively validating his order, the Purchaser has the possibility of verifying the order summary and of changing it.

In addition to the references of the ordered products, their quantity, their unit price, the overall price and the shipping costs, the order summary specifies the contact details submitted by the Purchaser, the required delivery address and information relating to payment.

Once the Purchaser confirms his order by clicking the "Validate your payment" icon, the order is final and cannot be changed. The Purchaser must carefully check the accuracy of his selection before confirming his order.

The Purchaser will receive a confirmation email from France Luxe for his validated order.

The sale will only be considered final once France Luxe has sent the order confirmation to the Purchaser and when France Luxe has collected the total amount of the price, subject to the provisions of Article 6 below.

Should ordered products become unavailable, France Luxe will inform the Purchaser of this by any means and it may cancel the order or inform the Purchaser of the expected date of the products becoming available again.

The Purchaser may choose either to cancel his order against a full refund or to accept the proposed new date of the products becoming available.

France Luxe recommends that the Purchaser keeps the information provided in the order confirmation sent by France Luxe in a backup paper or computer document.

In compliance with Article L. 134-2 of the French Consumer Code and Decree no. 2005-137 of 16 February 2005), when the contract is entered into by electronic means and it concerns an amount of not less than one hundred and twenty (120) euros, the professional contractor must store the document which specifies this for a period of ten (10) years as from conclusion of the contract until the date of delivery of the goods.

3. PAYMENT

Payment must be made at the time of the online order by the Purchaser. At no point may the amounts paid by the Purchaser be considered as deposits or down payments.

All orders are payable in euros, including all taxes and compulsory contributions.

To settle his order on the Site, the Purchaser must have a bank card, which is the only settlement means accepted.

The following bank cards are accepted on the Site: Carte Bleue, Visa and Master Card, and they must be issued by a bank or financial institution located within the European Union or in Monaco.

The Purchaser guarantees France Luxe that he has the required authorisations to use the settlement means which he has chosen for his order when submitting his purchase order.

France Luxe reserves the right to suspend or cancel any fulfilment of an order and/or a delivery, regardless of its nature and level of fulfilment, in case of failure to pay or partial payment of any amount that might be owing by the Purchaser, in case of payment incident or in case of fraud or attempted relating to use of the Site.

Interest stipulated by contract, calculated on the basis of three times the legal interest rate in force, shall be automatically applicable to amounts unpaid at the end of a period of ten (10) days following the settlement date or as from notification of payment rejection by the bank. Delivery of any further order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions of these General Terms and Conditions of Sale.

France Luxe uses a secure payment tool, known as Sherlock’s. Security of payment depends on authentication of the Purchaser, and on the confidentiality of all the data. To ensure this security, this system uses proven cryptographic techniques and it complies with the various banking regulations applicable in France.

The information for credit card payments are clearly indicated on the Site, provided that if the Client is seeking additional help, he can contact the Customer Relations Department at 01 42 56 30 01 Monday to Friday from 10h to 13h and from 14h30 to 18h.

4. DELIVERY AND ACCEPTANCE

4.1 Delivery area

Products purchased on the Site may only be delivered in the following countries:

Germany,

Austria,

Belgium,

Canada,

China,

Spain,

Finland,

La France,

Greece,

Italy,

Japan,

Luxembourg

Netherlands,

Poland,

Portugal,

Czech republic,

UK,

Sweden,

Swiss,

Denmark,

Hong Kong,

Norway,

Australia,

Singapore,

Ireland,

Israel,

Romania,

Slovakia

Algeria,

Andorra,

Belarus

Botswana,

Cyprus,

Estonia,

Guadeloupe,

Iceland,

Latvia,

Liechtenstein

Lithuania,

Malta,

Hungary,

Monaco,

Reunion Island,

Slovenia,

Tunisia,

Turkey,

Ukraine,

Bulgaria,

French Guiana,

French Polynesia

Any delivery address situated outside this territory will be rejected during the ordering process. For reasons, in particular, of security, France Luxe will not process any order for which a P.O. box or a cedex address is provided.

4.2 Terms and conditions of delivery

Products ordered and paid for by the Purchaser under the conditions described in articles 2 and 3 above shall be delivered to the address given by the Purchaser in the purchase order.

Purchase invoices will be sent by email to the address indicated by the Purchaser when he registered on the Site.

Products are delivered at the own risks of the Purchaser or the consignee of the ordered products.

If the Purchaser fails to comply with the contractual terms and conditions described in this Article 4, no claim by the Purchaser shall be accepted.

The Purchaser or the consignee of the ordered products must verify the apparent condition of the parcel and products on delivery.

No dispute relating to the delivery itself is possible if the parcel appears as having been delivered.

If there is an apparent anomaly (damage, missing product compared with the delivery note, damaged or broken parcel or product, etc.), the Purchaser or the consignee of the ordered products has three (3) clear days as from receipt of the order to inform the transport company, on the delivery note or by letter sent by recorded delivery, of any incident relating to the condition or contents of the delivered parcel. Once this deadline has expired, no claim regarding the condition of the parcel and/or its contents may be admissible against the transport company or France Luxe.

In any case, the Purchaser or the consignee of the ordered products must, within this same three (3) clear days deadline as from receipt of the order, for claims relating to the condition and/or contents of the parcel, and within seven (7) clear days as from delivery for all claims relating to conformity of the delivery to the order, indicate the problem encountered to France Luxe by clicking the “Customer Service” heading on the Site, or by specified email.

During the ordering process, the Purchaser is informed of the deadlines and methods of shipment possible for purchased products.

For any order confirmed on the Site, preparation of the order will take place within approximately 1- 48 hours as from the time when the order has become definitive within the meaning of Article 2.4 above, within the limit of available stocks.

Delivery deadlines, following validation of an order under the terms and conditions described in Article 2.4 above, are around 5-7 days  (except holiday and weekend ) for Europe, around 7-10 days (except holiday and weekend) for out of Europe. 

In case of exceeding these deadlines by more than seven (7) days and not due to an event of force majeure or an external cause, the Purchaser may cancel his order in writing, addressed to the contact details indicated in the “Contact us” section on the France Luxe Site.

Acceptance of ordered Products without reservation by the Purchaser after the delivery deadline has expired constitutes acceptance of the delivery and waiving the right to dispute the delay.

4.3 Shipping costs

The flat-rate contribution in the shipping costs is free for Metropolitan France and Europe.

As international air transport regulations do not authorise shipment of alcoholic products by air, deliveries of parcels containing alcohol-based perfumery products are made exclusively by post.

At the time of summarising the order and prior to the Purchaser validating it, the flat-rate contribution in the shipping costs is specified. This amount will be owing by the Purchaser over and above the price of the purchased products.

5. PRODUCT WARRANTY

Products sold by France Luxe on its Site are covered against any manufacturing fault in accordance with legal guarantees in force, as from their delivery date. In particular, products sold on the Site are subject to the legal warranty conditions provided for in articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code as well as articles 1641 and 1648 of the French Civil Code.

In case of a fault in a product, measures are taken to have it repaired or replace it at no cost to the Purchaser.

The Purchaser undertakes to read all operating instructions for products purchased on the Site and to adhere to them.

Any use of purchased products which does not comply with the operating instructions published by France Luxe cannot involve the latter’s liability.

If some products are covered by specific guarantees, these are enclosed with the product and they describe the terms and conditions and the deadlines for their implementation. The Purchaser undertakes to read, on delivery, and to return to France Luxe, any warranty coupon which might be enclosed. The contractual warranty then only runs subject to France Luxe receiving the warranty coupon.

6. RIGHT OF WITHDRAWAL AND CANCELLATION PERIOD

Pursuant to Article L. 121-20 of the French Consumer Code, the Purchaser has seven (7) clear days, as from the date of him or the consignee receiving the order, to return without giving reasons and at his cost all or part of his order and to obtain the refund corresponding to the total amount of his cancelled order.

The products must be returned to France Luxe in accordance with the procedure described in Article 7 below.

7. RETURN OF PRODUCTS

The Purchaser may return delivered products to France Luxe subject to the terms and conditions and in accordance with the instructions set out in detail below. The products must be returned to France Luxe in perfect condition for resale or in their original condition (packaging, accessories, manual, etc,) and duly sealed.

The Purchaser must inform France Luxe of his wish to return all or part of the delivered products before expiry of the seven (7) clear days period referred to in Article 6 above, by email to the address indicated in the “Contact us” section appearing on the France Luxe Site, and return the products to France Luxe within fifteen (15) calendar days following the delivery date.

Delivery charges to return the parcel remain at the cost of the Purchaser, except in case of non-conformity of the products delivered in relation to the order.

The initial delivery costs are not refunded to the Purchaser except in the cases referred to in Article 4.2 above relating to delivery deadlines or in Article 6 above relating to exercising the right of withdrawal, or in case of non-conformity of the delivered products compared with the order.

In the case of product exchanges, the costs of the new delivery of the products are payable by the Purchaser.

To return a product, the Purchaser must follow the following instructions:

• Use the original packaging to return the product(s).
• Return a duplicate of the invoice. Returns without a copy of the invoice are not accepted.
• Send the parcel by recorded delivery to the following address:
  France Luxe
  A l'attention du Service clients Torrente e-boutique
  7, Place Vendôme
  75001 Paris
  France

France Luxe does not accept parcels sent postage due. Any risk linked to the return of the product is covered by the Purchaser

8. RESERVATION OF OWNERSHIP

France Luxe retains full ownership of products sold until collection of the full price, in principal, with costs, taxes and compulsory contributions included.

In case of payment incident, the Purchaser undertakes to return the received product(s) to France Luxe when first requested.

9. LIABILITY

France Luxe may not be held liable for any consequential damage or special or incidental incidents which might occur on account of the purchase of the products.

Likewise, France Luxe’s liability as regards the obligations of the General Terms and Conditions of Sale cannot be involved in case of the occurrence of an event of force majeure as defined by French courts.

10. PARTIAL INVALIDITY

If one or more stipulations of the General Terms and Conditions of Sale are found to be invalid or declared as such pursuant to a law or regulation or following a definitive decision by a competent court, the other stipulations shall retain their full force and their scope.

11. LAW APPLICABLE – DISPUTES

Product sales made in compliance with the General Terms and Conditions of Sale are subject to French law. Implementation of the United Nations Convention on Contracts for the International Sale of Goods is expressly ruled out by the General Terms and Conditions of Sale.

Any dispute relating to the existence, interpretation, execution or termination of the contract entered into between France Luxe and the Purchaser shall be subject to an attempt to reach an amicable settlement between the Parties prior to any referral of the case to the competent courts.

If no amicable settlement can be reached, the French courts shall have exclusive jurisdiction, which the Purchaser expressly acknowledges accepting.

12. PROTECTION OF PERSONAL DATA

Personal data collected by France Luxe at the time of any order by the Purchaser are required by France Luxe and any of its partners in order to manage his order, and France Luxe and/or any company of the Group to which it belongs, may use them, subject to the rights exercised by the person concerned, to inform the Purchaser of products or services provided by France Luxe, the companies of its Group and/or its business partners.

The Purchaser has the right to access and have amended or deleted data concerning him which is processed by France Luxe, as well as the right to object to the processing of these data for the purposes of direct marketing. These rights are exercised with France Luxe by letter sent to France Luxe customer service, at the address indicated in the “Contact us” section of the Site.

13. INTELLECTUAL PROPERTY

All elements (drawings, models, illustrations, images, sound tracks, texts, logos, brands, etc.) constituting the Site are the exclusive property of France Luxe.

It is strictly prohibited to reproduce, fully or in part, by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site, or to create works derived from the Site.

The "TORRENTE" brand, figurative brand and all other brands or logos linked to Torrente, whether registered or otherwise, displayed on the Site, as well as the "torrente.fr" domain name, are and shall remain the exclusive property of France Luxe. Any reproduction, distribution, transmission, modification or use of these brands without the prior express consent of France Luxe, for any reason whatsoever, is prohibited.

It is forbidden to delete any copyright, trademark or other exclusive rights from the Site or from any content appearing there. 

14. VENDOR’S IDENTITY

Name: France Luxe
Address: 7 Place Vendôme
City: Paris (75001)
Country: France
Registration no.:  Paris Trade and Companies Register no. 484 756 069
Telephone no.: 33 (0) 1 42 56 30 01 (cost of a local call, subject to additional cost linked to the operator)