Terms of sale
Terms and conditions of sale of the website estampe-fragrance.com
applicable from 20/04/2026
ARTICLE 1. PARTIES
These general conditions are applicable between Estampe Fragrance, Auto-entrepreneur (French sole proprietorship), registered with the Trade and Companies Register of Nevers in France, under number 814192241, registered office: 14 Rue des Recollets, 58000 Nevers, FR, phone: +33631030089, contact: via our contact page, intra-community VAT number: FR44814192241, hereinafter referred to as "the Publisher", and any natural or legal person, governed by private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any natural or legal person, governed by private or public law, registered on the Site.
"Site Content": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Estampe Fragrance, Auto-entrepreneur (French sole proprietorship) in its capacity as publisher of the Site.
"User": any natural or legal person, governed by private or public law, connecting to the Site.
"Product": any goods sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL estampe-fragrance.com, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is freely accessible to any User. Browsing the Site implies the acceptance by any User of these general conditions. Mere connection to the Site, by any means whatsoever, in particular through a robot or browser, shall constitute full acceptance of these general conditions. Upon registration on the Site, this acceptance shall be confirmed by ticking the corresponding box.
The User thereby acknowledges having fully read and accepted these terms without restriction.
Ticking the aforementioned box shall be deemed to have the same value as a handwritten signature from the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.
These general conditions apply to relations between the parties to the exclusion of any other conditions, in particular those of the User.
Acceptance of these general conditions presupposes that Users have the legal capacity to do so, or otherwise that they have the authorisation of a guardian or curator if they are legally incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
To place an order, Users may select one or more Products and add them to their cart. Product availability is indicated on the Site, in the description sheet of each item. Once their order is complete, they can access their cart by clicking on the dedicated button.
5.2. Order validation by the User
By consulting their cart, Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will have the option to remove one or more Products from their cart.
If their order suits them, Users can validate it. They will then access a form on which they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once connected or after fully completing the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface bearing the mention "order with obligation to pay" or any similar wording.
5.4. Order confirmation by the Publisher
Once payment has been actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarising the order and confirming its processing, including all relevant information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The displayed prices are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are expressed in euros, all taxes included, excluding shipping costs.
6.2. Payment method
The Customer may make payment via Paypal, Stripe, Shopify.
In the case of payments by bank card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the banking institution.
In the case of payment by money order, cheque or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.
6.3. Invoicing
The Publisher shall send or make available to the Customer an invoice electronically after each payment. The Customer expressly accepts receiving invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed under any pretext, including in the event of a dispute.
Any sum unpaid on its due date shall give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without such penalty prejudicing the enforceability of the sums due as principal.
Furthermore, any late payment shall result in the defaulting Customer being charged collection fees of 40 euros, the immediate enforceability of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The customer service of the Site is accessible via the contact page of the site: estampe-fragrance.com/en/pages/contact or by post at the address indicated in article 1 of these general conditions.
ARTICLE 8. PERSONAL ACCOUNT
8.1. Creation of the personal account
The creation of a personal account is an essential prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal account. The refusal by a User to provide said information will result in the prevention of the creation of the personal account and, incidentally, the validation of the order.
When creating the personal account, the User is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal account. The User therefore undertakes not to transmit or communicate it to a third party. Failing this, the Publisher cannot be held liable for unauthorised access to a User's personal account.
The Customer undertakes to regularly check the data concerning them and to carry out online, from their personal account, any necessary updates and modifications.
8.2. Content of the personal account
The personal account allows the Customer to consult and track all their orders placed on the Site.
The pages relating to personal accounts are freely printable by the account holder concerned, but in no way constitute admissible evidence in court. They are merely informative in nature, intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely keep all contractual elements whose retention is required by law or regulation in force.
8.3. Deletion of the personal account
The Publisher reserves the right to delete the account of any Customer who breaches these general conditions, particularly when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer's personal account has remained inactive for at least one year. Such deletion shall not constitute a fault of the Publisher or damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the possibility for the Publisher to undertake legal proceedings against the Customer, when the facts justify it.
ARTICLE 9. PERSONAL DATA
In the context of its services, the Publisher will process personal data of its Customers.
9.1. Identity of the data controller
The party responsible for collecting and processing data on the Site is the Publisher.
9.2. Identity of the Data Protection Officer
The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com, always taking care to create a hyperlink on the URL of our site.
9.3. Data collected
9.3.1. Data collected from customers
In the context of its contractual relations, the Publisher may collect and process information from its Customers, namely: Email, First name and last name, Phone, Address, state, province, postal code, city.
9.3.2. Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- Initiating legal proceedings;
- Verifying the identity of Customers;
9.3.3. Legal basis for processing
The data collected is based on a contractual relationship as its legal basis.
9.3.4. Recipients of the data
The data collected can only be consulted by the Publisher within the limits strictly necessary for the performance of contractual commitments.
This data, whether in individual or aggregated form, is never made freely visible to a third party natural person.
9.3.5. Retention period of personal data
The personal data collected is retained for the duration of the contractual relationship, and for the duration during which the Publisher's liability may be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is kept under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secured.
9.3.7. Data minimisation
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher guides its Customers to provide personal data strictly necessary for the performance of contractual commitments.
The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any received data not useful to its activities as soon as possible.
9.4. Respect of rights
Customers of the Publisher have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
Customers of the Publisher have the possibility to access the personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent upon the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement "I certify on my honour that the copy of this identity document is true to the original. Done at … on …", followed by their signature.
To help them in their process, Customers will find here a template letter drawn up by the CNIL.
9.4.2. Right to rectification, deletion and right to be forgotten
Customers of the Publisher have the possibility to request the rectification, updating, blocking or erasure of their personal data which may, where applicable, be inaccurate, erroneous, incomplete or out of date.
Customers of the Publisher may also define general and specific directives regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their relative be taken into account and/or that necessary updates be carried out.
To help them in their process, Customers will find here a template letter drawn up by the CNIL.
9.4.3. Right to object to data processing
Customers of the Publisher have the possibility to object to the processing of their personal data.
To help them in their process, Customers will find here a template letter drawn up by the CNIL.
9.4.4. Right to data portability
Customers of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
Customers of the Publisher have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data may only be stored and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period that shall not exceed 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If Customers of the Publisher consider that the Publisher is not complying with its obligations regarding their personal data, they may submit a complaint or request to the competent authority. In France, the competent authority is the CNIL, to which they may submit a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorised providers to facilitate the collection and processing of data of its Customers. These providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
Partner
Capacity
Recipient country
Processing carried out
Guarantees
9.5.2. Transfer upon requisition or court decision
Customers also consent to the Publisher communicating the data collected to any person, upon the requisition of a state authority or court decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, Customers consent to the data collected being transmitted by the Publisher to that company and that this company carries out the personal data processing referred to in these General Conditions of Service in lieu of the Publisher.
ARTICLE 10. LIABILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to provide the necessary care and diligence in the supply of Products of a quality consistent with the specifications of these General Conditions. The Publisher is only bound by a best-efforts obligation regarding the services covered by these terms.
10.2. Force majeure - Customer's fault
The Publisher's liability shall not be engaged in the event of force majeure or Customer's fault, as defined in this article:
10.2.1. Force majeure
Within the meaning of these general conditions, the following shall be considered as a case of force majeure enforceable against the Customer: any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, breach attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, security flaws attributable to the Site's host or developers, flood, power outage, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be exempt from the performance of its obligations to the extent of this impediment, limitation or disruption.
10.2.2. Customer's fault
Within the meaning of these General Conditions, the following shall be considered as a Customer's fault enforceable against them: any misuse of the Service, fault, negligence, omission or failure on their part or on the part of their employees, non-compliance with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in their personal account. The implementation of any technical process, such as robots or automatic queries, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale shall also be considered as a Customer's fault.
10.3. Technical problems - Hyperlinks
In case of inability to access the Site, due to technical problems of any nature whatsoever, the Customer cannot claim damage and cannot claim any compensation. The unavailability, even prolonged and without any limiting duration, of one or more online services, cannot be constitutive of a prejudice for Customers and cannot in any way give rise to the granting of damages by the Publisher.
The hyperlinks present on the Site may refer to other websites. The Publisher's liability shall not be engaged if the content of these sites contravenes the legislation in force. Similarly, the Publisher's liability shall not be engaged if the visit, by the User, to one of these sites, causes them prejudice.
In the current state of technology, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colours or shapes, may significantly vary from one computer terminal to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences shall under no circumstances be attributable to the Publisher whose liability cannot in any case be engaged on this basis.
10.4. Damages payable by the Publisher
Failing any legal or regulatory provision to the contrary, the Publisher's liability is limited to direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher shall in no event be held liable for indirect damages such as, in particular, loss of data, commercial damages, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly and within the same limits, the amount of damages payable by the Publisher shall in any event not exceed the price of the Product ordered.
10.5. Hyperlinks and Site Content
The Site Content is published for information purposes only, without warranty of accuracy. The Publisher cannot under any circumstances be held liable for an omission, inaccuracy or any error contained in this information that would cause direct or indirect damage to the User.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
Site Content may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for infringement.
11.2. Contractual protection of Site Content
The User contractually undertakes towards the Publisher not to use, reproduce or represent, in any manner whatsoever, the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL PROVISIONS
12.1. Applicable law
These general conditions are subject to French law.
12.2. Amendments to these general conditions
These general conditions may be amended at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal account implying acceptance of the new general conditions where applicable.
12.3. Disputes
Pursuant to Order No. 2015-1033 of 20 August 2015, all disputes that may arise in the context of the performance of these general conditions, and for which a solution cannot be found beforehand amicably between the parties, must be submitted to mediation.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since 1 January 2016, mediation has been mandatory for all. Thus, any professional selling to private individuals is required to provide the contact details of a competent Mediator in the event of a dispute, whether they sell at distance or in a physical store (Source: FEVAD).
AME / https://www.mediationconso-ame.com/
12.4. Entirety
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties must as far as possible replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
12.5. Non-waiver
The failure by the Publisher to exercise the rights recognised hereunder shall in no event be construed as a waiver of the right to assert such rights.
12.6. Telephone solicitation
The Customer is informed that they have the option to register on the opposition list to telephone solicitation at http://www.bloctel.gouv.fr/.
12.7. Languages of these general conditions
These general conditions are provided in French. The English version is provided for convenience only; in the event of any discrepancy, the French version shall prevail.
12.8. Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.