GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Seller identification
The website www.lesbainsguerbois.com is operated by LES BAINS GUERBOIS, a French single-member limited liability company (EURL) with share capital of 2,150,000 euros, registered with the Paris Trade and Companies Register under number 817 452 477.
Its registered office is located at 7 rue du Bourg-l’Abbé, 75003 Paris, France.
Intra-EU VAT number: FR48817452477.
Customer Service can be contacted by email at e-boutique@lesbainsguerbois.com or by telephone on +33 (0)1 40 29 10 10.
Article 2. Purpose and scope
These General Terms and Conditions of Sale, hereinafter the “GTCS”, govern sales of products made on the website www.lesbainsguerbois.com to consumers acting for purposes outside their trade, business, craft or profession.
They set out the conditions under which products are offered, ordered, paid for, delivered and, where applicable, returned.
These GTCS are accessible at any time on the website.
The GTCS applicable to an order are those in force at the time the order is concluded.
Les Bains Guerbois recommends that customers keep a copy of these terms.
Sales to professionals may be subject to separate commercial terms.
Article 3. Products
Les Bains Guerbois offers for sale perfumes, scented candles, gift sets and other creations of the house.
The essential characteristics of the products, in particular their volume, composition and price, are presented on the corresponding product pages.
Photographs and illustrations are intended to represent the products as faithfully as possible.
Due in particular to the use of natural raw materials, some variations in colour may occur between different batches of perfume, without these necessarily constituting a lack of conformity.
The provisions of this article do not limit the legal guarantees enjoyed by the consumer.
Article 4. Prices
Prices are displayed in euros. For deliveries within the European Union, they include all taxes. For certain destinations outside the European Union, the displayed price may differ depending on the applicable VAT regime. In all cases, the total amount payable is shown before the order is confirmed. Any customs duties and import taxes due in the country of destination are not included in the price (Article 9).
Les Bains Guerbois may change its prices at any time. However, products are invoiced on the basis of the prices applicable when the order is concluded.
Standard delivery is free to all destinations served by the website.
Any paid delivery options are clearly presented before payment is confirmed.
Promotional offers, discounts, promotional codes and commercial benefits are subject to the specific conditions communicated when they are presented.
Article 5. Orders
The customer selects the desired products and adds them to the basket.
Before finally confirming the order, the customer can check the details of the products, their quantity, their price and the delivery and billing information.
Final confirmation of the order implies acceptance of these GTCS and confirmation of the obligation to pay.
An order confirmation is then sent to the customer by email.
Les Bains Guerbois may refuse or cancel an order for a legitimate reason, in particular in the event of proven fraud, refused payment or unavailability of the products, under the conditions permitted by the applicable regulations.
If an order that has already been paid is cancelled at the initiative of Les Bains Guerbois, the sums due to the customer are refunded in accordance with the customer’s legal rights.
To place an order, the customer adds the products to the basket, checks the basket, enters the delivery and billing information, chooses the delivery and payment method, reads and accepts these GTCS, then confirms the order. Until this confirmation, the customer can check the details of the order and correct any input errors by modifying the basket or returning to the previous steps.
The contract may be concluded in French, English, German, Spanish, Italian, Polish, Dutch or Croatian.
Where the order is for an amount equal to or greater than 120 euros, Les Bains Guerbois keeps the written record of the contract from its conclusion until delivery of the products, and then for a period of ten years from delivery, and guarantees the customer access to it at any time upon request to Customer Service.
Article 6. Product availability
Products are offered subject to available stock.
In the event of exceptional unavailability after the order has been confirmed, Les Bains Guerbois informs the customer as soon as possible.
Depending on the circumstances, the customer may accept a replacement solution proposed by the house or obtain a refund for the unavailable products, without prejudice to the customer’s legal rights.
No replacement product will be imposed without the customer’s consent.
Article 7. Payment
Payment is made using the solutions offered when the order is confirmed.
Transactions are carried out through secure payment service providers.
Les Bains Guerbois does not store the complete bank details of the cards used to make payments.
If payment is refused, the order cannot be confirmed.
Any payment facilities are subject to the specific conditions of the provider concerned, communicated before they are used.
Article 8. Delivery
Orders are prepared and shipped from France.
Les Bains Guerbois delivers to the destinations indicated on its website.
Standard delivery is free to all destinations served.
Shipments are made by Colissimo.
Orders are generally prepared within 48 working hours.
Parcels are handed over to Colissimo during our daily collection, which takes place Monday to Friday at 3 p.m.
The delivery time depends on the destination and is communicated to the customer before the order is finally confirmed.
Unless a specific delivery date or period has been agreed, Les Bains Guerbois undertakes to deliver the products without undue delay and at the latest within thirty days of the conclusion of the contract.
After shipment, the customer receives an email enabling them to track their parcel.
In the event of late delivery or non-delivery, the customer has the rights provided for by the applicable regulations.
Article 9. International deliveries
Orders are shipped from France to the destinations offered on the website.
For certain destinations outside the European Union, customs duties, import taxes or other regulatory charges may be payable.
Where these amounts are not included in the sale price and are legally payable by the recipient, the customer is informed of this before the order is concluded.
Les Bains Guerbois remains responsible for its contractual obligations in accordance with the applicable legal provisions.
Article 10. Receipt of products
The customer is invited to check the condition of the parcel on receipt.
In the event of an anomaly, damage, a missing product or an apparent defect, the customer may contact Customer Service at e-boutique@lesbainsguerbois.com.
The risk of loss of or damage to the products passes to the consumer when the consumer takes physical possession of them, or when a third party designated by the consumer, other than the carrier, takes possession of them, subject to the exceptions provided for by the applicable regulations.
The absence of reservations made to the carrier does not deprive the customer of their legal guarantees.
Article 11. In-store collection
Where this option is offered when ordering, products may be collected from the Les Bains Guerbois boutique, located at:
2 rue du Bourg-l’Abbé, 75003 Paris, France.
The customer is informed when the order is available.
The order number and, if necessary, proof of identity may be requested on collection.
Collection by a third party is possible on presentation of the appropriate supporting documents.
Orders concluded at a distance with in-store collection remain subject to the legal provisions applicable to distance sales.
Article 12. Right of withdrawal
In accordance with the French Consumer Code, the consumer has, in principle, a period of fourteen days from receipt of the order to exercise the right of withdrawal, without having to give reasons for the decision.
Where several products in the same order are delivered separately, the period runs from receipt of the last product.
The customer can exercise the right of withdrawal online, free of charge, using the “Exercise my right of withdrawal” function, accessible from the footer of every page of the website and at: https://lesbainsguerbois.com/en/returns/
The customer may also send us an unequivocal statement by email to:
e-boutique@lesbainsguerbois.com
A customer who uses the online withdrawal function receives an electronic acknowledgement of receipt setting out the statement and the date and time it was sent.
Customer Service then provides the instructions needed to return the products.
Exercising the legal right of withdrawal is not subject to prior authorisation from Customer Service.
For consumers located in countries where no equivalent legal right applies, Les Bains Guerbois contractually grants a fourteen-day return option, under the terms set out in these GTCS, without prejudice to any more favourable mandatory protections.
Article 13. Return procedure and costs
Under the conditions provided for by law, the customer has fourteen days from communicating the decision to withdraw to send back or return the products.
The direct costs of return are borne in full by Les Bains Guerbois.
Customer Service provides the customer with a prepaid Colissimo return label and the necessary instructions.
The customer may also return the products directly to the Les Bains Guerbois boutique at 2 rue du Bourg-l’Abbé, 75003 Paris.
For returns by carrier, the destination address is shown on the label provided by Customer Service.
The customer is advised to keep the proof of postage until the request has been processed.
Article 14. Condition of returned products and consumer liability
Each Les Bains Guerbois Eau de Parfum comes with a sample of the fragrance ordered, allowing the customer to discover the perfume before using the main bottle.
The house recommends testing this sample before any use of the purchased product.
Returned products may be inspected with regard to their condition, integrity and contents.
In accordance with Article L.221-23 of the French Consumer Code, the consumer may be held liable for any diminished value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
Excessive use, in particular significant or total consumption of the contents, may result in a substantial diminution in the value of the product.
In the event of an objectively established diminution in value attributable to the consumer, Les Bains Guerbois reserves the right to claim compensation under the conditions provided for by law.
Any claim for compensation is based on objective evidence establishing the nature and extent of the diminution in value.
The legal exceptions to the right of withdrawal apply only where their conditions are actually met.
The mere opening of a commercial packaging does not, in itself, constitute an automatic ground for excluding the right of withdrawal.
These provisions do not affect the legal guarantees applicable to defective or non-conforming products.
Article 15. Refunds
Where a consumer validly exercises the right of withdrawal, Les Bains Guerbois refunds the sums due in accordance with the applicable regulations.
The refund is made without undue delay and at the latest within fourteen days of the date on which Les Bains Guerbois is informed of the decision to withdraw.
In accordance with Article L.221-24 of the French Consumer Code, Les Bains Guerbois may withhold the refund until it has received the products back or until it has received proof that they have been sent back, whichever is the earlier.
The refund is made using the same means of payment as that used for the order, at no cost to the consumer.
In the event of withdrawal from the entire order, the delivery costs initially paid are refunded in accordance with the law, except for the additional costs resulting from the express choice of a delivery method more expensive than the standard delivery offered.
Les Bains Guerbois retains the right to claim separately any compensation resulting from a diminution in the value of the products attributable to the consumer, under the conditions provided for by law.
Article 16. Commercial exchanges
Independently of the consumer’s legal rights, Les Bains Guerbois may offer an exchange of fragrance, subject to availability and the prior agreement of Customer Service.
Commercial exchanges are offered only between products of the same size and the same value.
For example, a 100 ml Eau de Parfum may be exchanged for another 100 ml fragrance of the same value, subject to the applicable conditions.
Exchanges between different sizes, in particular between 30 ml and 100 ml, are not offered under this commercial policy.
These provisions limit neither the legal right of withdrawal nor the consumer’s legal guarantees.
Article 17. Gifts and promotional offers
Some commercial offers may include a free product, in particular a 10 ml Eau de Parfum.
These gifts are granted subject to compliance with the specific conditions of the offer concerned, communicated to the customer before the order is confirmed.
Where a gift is conditional on the purchase of certain products, its return may be requested in the event of a total or partial return that causes the benefit of the offer to be lost.
Any consequences of failure to return the gift are dealt with in accordance with the conditions of the offer and the applicable regulations.
No automatic flat-rate deduction contrary to the consumer’s rights may be applied.
Article 18. Legal guarantees
Products sold by Les Bains Guerbois benefit from the applicable legal guarantees, in particular the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
These guarantees apply independently of any commercial return or exchange policies that may be offered.
Les Bains Guerbois is responsible for implementing the legal guarantees under the conditions provided for by the applicable regulations.
The consumer may contact Customer Service at e-boutique@lesbainsguerbois.com for any request relating to these guarantees.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer only has to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to supply all updates necessary to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract and obtain a full refund in return for the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the goods are delivered back in working order.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in return for the goods.
Where more favourable mandatory provisions of a foreign law apply to the consumer, they remain preserved.
Article 19. Complaints and consumer mediation
In the event of any difficulty relating to an order, the customer is invited to contact our Customer Service:
e-boutique@lesbainsguerbois.com
Les Bains Guerbois undertakes to examine each complaint carefully and to seek an amicable solution.
In accordance with the provisions of the French Consumer Code, after sending a written complaint to our Customer Service and in the absence of a satisfactory response, the consumer may use a mediation procedure free of charge, subject to the legal conditions of admissibility.
The consumer mediator designated by Les Bains Guerbois is:
CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
Telephone: +33 (0)1 89 47 00 14
Email: litiges@cm2c.net
Website: https://www.cm2c.net
Submit a dispute: https://www.cm2c.net/declarer-un-litige.php
The consumer may refer the matter to the mediator online or by post, under the conditions provided for by the applicable regulations.
Article 20. Personal data
Personal data collected in connection with orders, return requests and exchanges with Customer Service are processed in accordance with the applicable regulations, in particular the General Data Protection Regulation.
Information on the purposes of processing, legal bases, retention periods and the rights of data subjects is set out in our Privacy Statement, available at https://lesbainsguerbois.com/en/privacy-statement/
Acceptance of these GTCS does not constitute general consent to the use of personal data for optional purposes, in particular advertising.
Article 21. Liability and force majeure
Les Bains Guerbois undertakes to perform its contractual obligations in accordance with the applicable regulations.
In the event of force majeure meeting the conditions of Article 1218 of the French Civil Code, the parties benefit from the consequences provided for by law.
No provision of these GTCS may exclude or limit the mandatory rights granted to consumers.
Article 22. Intellectual property
The trademarks, names, texts, photographs, graphic creations and other content on the website are protected by the applicable intellectual property rights.
Any unauthorised reproduction or use of these elements is prohibited, subject to the exceptions provided for by law.
Article 23. Governing law and international disputes
These General Terms and Conditions of Sale are governed by French law.
However, where the consumer is habitually resident in another country, this choice does not deprive the consumer of the protection afforded by the mandatory provisions of the law that would have applied in the absence of this choice, in particular in accordance with Article 6 of Regulation (EC) No 593/2008, where applicable.
These GTCS do not limit any right that the consumer cannot legally waive.
In the event of a dispute, the competent courts are determined in accordance with the applicable legal rules, in particular those protecting consumers.
Article 24. Changes to the GTCS
Les Bains Guerbois may amend these GTCS to take account of changes in its business or in the regulations.
Amendments apply to orders concluded after their entry into force.
Earlier orders remain subject to the contractual provisions that applied to them, without prejudice to the consumer’s mandatory rights.
Annex. Model withdrawal form
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
To LES BAINS GUERBOIS, 7 rue du Bourg-l’Abbé, 75003 Paris, France, e-boutique@lesbainsguerbois.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
Optional fields, to help us process your request:
Order number:
Products concerned:
Consumers may also exercise their right of withdrawal online using the “Exercise my right of withdrawal” feature, available at: https://lesbainsguerbois.com/en/returns/