General Terms Conditions of Sale

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions of online sale (hereinafter referred to as the “GTC”) are entered into between: on the one hand, ETABLISSEMENTS TIFFON SA, a simplified joint stock company with capital of €1,131,173.99, registered with the Angouleme Trade and Companies Register under number 905 720 041, SIRET 90572004100052, having its registered office at 29 QUAI DE L’ILE MADAME, 16200 MAINXE-GONDEVILLE. on the other hand, any consumer making an online purchase on the ETABLISSEMENTS TIFFON SA website, i.e. www.tiffon.com (hereinafter the “CUSTOMER”).

The General Terms and Conditions of Sale apply exclusively to natural persons who are non-trading consumers, acting to satisfy their personal needs. In this respect, the CUSTOMER declares that he/she has the capacity to enter into this contract, that he/she is of legal age and that he/she is not under any form of protection. All orders placed by the CUSTOMER on theETABLISSEMENTS TIFFON SA website (hereinafter the “Site”) imply the CUSTOMER’s prior, express and unreserved acceptance of the GTC, to the exclusion of any other document in contradiction with these GTC.
The GTC may be modified at any time byETABLISSEMENTS TIFFON SA. The GTC applicable to all orders placed on the Internet Site will be those in force on the day of the order.
The headings of the articles in the GCS are given for information only. They will be declared non-existent in the event of a problem interpreting the titles or clauses of the GCS.
If one of the stipulations of these General Terms and Conditions is deemed invalid by a competent court, it will be expressly withdrawn. However, this deletion will not affect the validity of the other stipulations of the GCS.
The fact that ETABLISSEMENTS TIFFON SA does not avail itself of any of the GTC at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

ARTICLE 2: OFFER

2.1 In accordance with Article L. 111-1 of the French Consumer Code, the products for sale on the Web Site and their essential characteristics are presented by ETABLISSEMENTS TIFFON SA in the form of technical data sheets.

2.2 ETABLISSEMENTS TIFFON SA offers its CUSTOMERS loyalty points enabling them to benefit from discounts on their orders. Loyalty points can only be associated with one physical person. A CUSTOMER cannot therefore benefit from the advantages linked to loyalty points if he or she places an order invoiced in the name of another natural person.

2.3 For any questions relating to the products offered on the site, the CUSTOMER may contact customer services in accordance with article 9 of the GTCS.

ARTICLE 3: ORDERING

3.1 The CUSTOMER may place an order :
– Directly on the website only.
– ETABLISSEMENTS TIFFON SA does not validate or take orders by telephone.

3.2 When placing their first order via the Website, the CUSTOMER must enter their electronic address – e-mail – in order to open a customer account. The CUSTOMER must then complete an electronic form. This information is essential for the processing and delivery of orders and the preparation of invoices.
Orders can be placed and registered on the Website if the CUSTOMER has identified him/herself by entering his/her e-mail address and password.
If the information provided by the CUSTOMER is insufficient or incomplete, the order will not be definitively validated.

3.3 Any order placed implies acceptance of the prices and descriptions of the products.
All orders will not be considered definitive until full and effective payment of the sums due has been received.
A written confirmation of the order will be sent to the CUSTOMER by e-mail with an order number.
The confirmation of the order and all the data recorded by ETABLISSEMENTS TIFFON SA constitute proof of the transactions. ETABLISSEMENTS TIFFON SA reserves the right to cancel any order from a CUSTOMER with whom ETABLISSEMENTS TIFFON SA has had a dispute concerning the payment of a previous order or any order presenting abnormal conditions and/or which does not respect the terms of the GCS.
ETABLISSEMENTS TIFFON SA also reserves the right to request proof of identity and/or proof of address for any order placed on the Internet Site. This information will always remain confidential within ETABLISSEMENTS TIFFON SA.

3.4 Out-of-stock items or items awaiting restocking are indicated on the product sheet presented on the Web Site. The CUSTOMER will not be able to select the product concerned (in the unavailable packaging and fragrance) and add it to his/her order.
If a product is temporarily and exceptionally out of stock, ETABLISSEMENTS TIFFON SA undertakes to inform the CUSTOMER by e-mail or telephone within 48 to 72 hours in order to offer an equivalent replacement product at its expense.
In the absence of a response from the CUSTOMER, the order validated on the Internet Site by the CUSTOMER containing one or more products out of stock will be put on hold in its entirety until receipt of the products by ETABLISSEMENTS TIFFON SA.
In the event that the CUSTOMER wishes to be reimbursed for the product that is out of stock, ETABLISSEMENTS TIFFON SA will reimburse the CUSTOMER within a period of fifteen (15) days in accordance with the conditions set out in the GCS.

ARTICLE 4: PRICE

4.1 The price of each product indicated on the Internet Site is expressed in Euros, all taxes included.
All prices indicated in Euros on the Web Site are valid only in mainland France, French overseas departments, Corsica, Monaco, Switzerland, Belgium, Luxembourg, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, Switzerland, the United Kingdom and the United States.

4.2 The invoice corresponding to the CUSTOMER’s order is available on the Website in its customer area via its order details.

4.3 The invoice will include French VAT.
All prices are quoted subject to obvious typographical errors. In the event of an obvious typographical error in the price, ETABLISSEMENTS TIFFON SA will inform the CUSTOMER that the order will be invoiced at the price corrected for the obvious typographical error.
The CUSTOMER will have the option of accepting the order under the corrected conditions or cancelling the order.

4.4 ETABLISSEMENTS TIFFON SA reserves the right to modify the prices displayed on the Web Site. The prices shown online may be changed at any time without prior notice.
However, the modification of product prices cannot be taken into account on an order already validated by a CUSTOMER. The prices in force at the time the order is validated by the CUSTOMER shall apply.

ARTICLE 5: PAYMENT TERMS

All purchases on the Site are payable in cash and in full when the order is placed.
The choice of payment method is made when the order is finalised.
The choice is between :
Bank cards
XXXX Bank
IBAN: FRXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
BIC: XXXXXXXX

Any bank charges levied by the CUSTOMER’s bank shall be borne by the CUSTOMER.
The CUSTOMER will credit ETABLISSEMENTS TIFFON SA’s account with the sum corresponding to the total amount to be paid, specifying the name and number of the order.
An order will only be dispatched once the full amount has been received. The goods remain the property of ETABLISSEMENTS TIFFON SA until full and effective payment has been received. This reservation of ownership does not prevent the transfer of risks which will be borne by the company ETABLISSEMENTS TIFFON SA until the moment when the CUSTOMER takes physical possession of the goods, or by a third party designated by the CUSTOMER, other than the carrier.

ARTICLE 6: DELIVERY OF PRODUCTS

6.1 ETABLISSEMENTS TIFFON SA undertakes to deliver to the CUSTOMER within 24 to 96 hours (working days) in Metropolitan France depending on the customer’s destination, and may not exceed (30) thirty days for France and other foreign countries.
In the event that the CUSTOMER wishes to benefit from specific packaging or delivery conditions, ETABLISSEMENTS TIFFON SA will issue a specific quote which will be invoiced additionally.
The CUSTOMER’s parcel is delivered by the postal services directly to the delivery address entered by the CUSTOMER when placing the order. In the event of absence during a Colissimo delivery, the CUSTOMER has fifteen (15) days to collect the parcel from the date of the delivery notice issued by La Poste and 10 days in a relay point. If the CUSTOMER is not expected at home on the day of delivery, the CUSTOMER may :

ask for the parcel to be made available, on the day of the initially scheduled delivery, at the following address

(post office, Pickup relay or Colissimo agency)

Delivery charges: from €XX incl. VAT (France)
Point relais
Pickup relay
Post office
Free for orders over €XX

Delivery charges: from ETABLISSEMENTS TIFFON XX€ incl. VAT (France)
Home delivery (no signature required)
Free from XX€ onwards

Postage is free for the CUSTOMER when the order exceeds €XX (incl. VAT) in mainland France for Colissimo delivery (home address, point relais, pickup, post office).
Postage is charged for DOM TOM and overseas territories and military personnel on long service abroad without an opex address. All these destinations are not eligible for free delivery.

The following countries never benefit from free delivery:
– Guadeloupe
– Martinique
– French Guiana
– Reunion Island

Shipments to mainland France, Corsica, Belgium, Switzerland and Monaco are made by Colissimo.
Shipments to French overseas departments and territories, zone 1 and zone 2, are made by Colissimo Domicile Outre-Mer.
Shipments to Switzerland and Belgium are made by Colissimo Expert International and are free of charge for orders of at least XX euros including VAT.

Except in special cases, all products will be delivered at once.

Tracking your order
Parcels are scanned as soon as they leave our warehouses by the Colissimo team. The parcel is scanned an average of 8 times during its journey to the delivery point. So you benefit from very precise tracking. To keep track of your parcel in real time, you will receive an e-mail and a text message with the tracking link, which you can consult at any time.
Chrono Relais, the best alternative to home delivery.
The Chrono Relais solution allows you to have your orders delivered to one of the 7,000 pickup points across France. This solution makes life easier for you and allows you to manage your time better, thanks to an SMS alert when your parcel arrives at the pickup point, as well as extended opening hours, late in the evening and on Saturdays.
The benefits of pick-up point delivery
You receive the welcome of a local shop
Quick collection of your parcel
You can appoint a friend to pick up your parcel
Leading network of pick-up points in France
8,500 pick-up points nationwide
At least one pickup point in towns with more than 20,000 inhabitants
72% of the population live less than 5 minutes from a pickup point
95% of the population live less than 15 minutes by road from a pickup point
More than 100,000 parcels delivered every day throughout France

6.2 Upon receipt of the order, the CUSTOMER must check the conformity of the products delivered.
The CUSTOMER must check the contents of the parcel in the presence of a representative of the Post Office.

Any apparent defect and/or any non-conformity of the quantity of product(s) delivered with the order must be the subject of reservations by the CUSTOMER to the carrier by registered letter with acknowledgement of receipt within three (3) days from the date of receipt of the product(s) and be confirmed within the same period by the CUSTOMER by contacting ETABLISSEMENTS TIFFON SA : – either by telephone on 00 00 00 00 00 (price of a local call) from Monday to Saturday (excluding public holidays) from 10:00 to 19:00, or by e-mail to the following address: contact@cognac-tiffon.com
In the event of failure to deliver on time, if the delay exceeds seven (7) days and is not due to force majeure, the CUSTOMER may cancel the order by registered letter with acknowledgement of receipt addressed to the ETABLISSEMENTS TIFFON SA customer service department within sixty (60) working days from the end of the agreed delivery period. If delivery has not taken place between the sending and receipt of the said letter, ETABLISSEMENTS TIFFON SA will reimburse all the sums paid by the CUSTOMER as soon as possible, and at the latest within thirty (30) days following the exercise of its right by the CUSTOMER.
If a parcel is returned to ETABLISSEMENTS TIFFON SA due to an incomplete or erroneous address or contact details (telephone, e-mail) or because the time limit for collection at a collection point has been exceeded, the postal charges for the second delivery of the order will be invoiced to the CUSTOMER.

6.3 In the event of a dispute by the customer declaring on their honour that they have not received their goods.
If the customer, having placed an order on our online sales site, declares on his honour or in good faith that he has not received his merchandise, even though the status of LA POSTE indicates: “DELIVERED PARCEL”, ETABLISSEMENTS TIFFON SA shall not be held responsible for any mishandling or error committed by the post office and its services during delivery.
ETABLISSEMENTS TIFFON SA, cannot return the goods to its customer by relying on its simple declaration, whereas the post office certifies having delivered and validated the customer’s status as being “DELIVERED”.

6.4 Procedure to follow in the event of a dispute.
The customer must contact the post office by telephone on 0825 878 888 to open a dispute file. The Post Office will then open an investigation to determine whether the customer’s goods have been delivered to the correct recipient, or whether an error was made during delivery.
Once the investigation has been completed, if the Post Office recognises a delivery error at the level of the addressee, then ETABLISSEMENTS TIFFON SA, in turn, may ask to be reimbursed for its dispatched goods, in order to be able to reimburse its customer, or to return the goods ordered at the time of the said order.
If the POST office does not recognise any error in the delivery or the addressee, ETABLISSEMENTS TIFFON SA will not be held responsible in any way and will consider that the customer has made a mistake.

Consequently, ETABLISSEMENTS TIFFON SA will not refund the customer and will not return any goods from the said order.
This procedure, set up in collaboration with LA POSTE, aims to detect numerous frauds on the part of certain customers, who on their simple oral or written declarations, attempt to defraud or mislead the ETABLISSEMENTS TIFFON SA merchant site, in order to attempt to recover goods in duplicate.

ARTICLE 7: RIGHT OF WITHDRAWAL

7.1 In accordance with article L121-21 of the French Consumer Code, the CUSTOMER has fourteen (14) clear working days from the date of delivery of the order to exercise his/her right of withdrawal with ETABLISSEMENTS TIFFON SA.
If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
A standard withdrawal form is available in the appendix to these General Terms and Conditions of Sale.

7.2 For any refund or exchange of a product, the CUSTOMER must return the product within this period to ETABLISSEMENTS TIFFON SA.
The said product must be returned in perfect condition, in its original packaging, to the following address: 29 QUAI DE L’ILE MADAME 16200 MAINXE-GONDEVILLE.
Any product that has been damaged or opened, or more generally showing any signs of use, will be refused. Any product in a condition that does not allow it to be resold will not be reimbursed.
ETABLISSEMENTS TIFFON SA cannot be held responsible for the loss or deterioration of returned packages.
The CUSTOMER is responsible for the costs associated with returning the product.
When returning the product, the CUSTOMER must enclose the invoice. ETABLISSEMENTS TIFFON SA will exchange or reimburse the product at its purchase price including delivery costs within 14 (fourteen) clear days from receipt of the product.

ARTICLE 8: GUARANTEES AND LIABILITY

8.1 In accordance with legal provisions, the products offered byETABLISSEMENTS TIFFON SA on the Internet Site benefit from the legal guarantees provided by articles 1641 and 1648 of the French Civil Code, and L.211-1 to L.211-18 of the French Consumer Code.
ETABLISSEMENTS TIFFON SA may not be held liable for damage of any kind resulting from improper use, negligence, lack of maintenance or deterioration of the product due in particular to abnormal storage or conservation conditions by the CUSTOMER.

8.2 ETABLISSEMENTS TIFFON SA cannot be held responsible in the event of force majeure.
By force majeure, we mean any event such as those usually accepted by French jurisprudence.

8.3 The products offered on the Internet Site are not intended for use by professionals.
Consequently, ETABLISSEMENTS TIFFON SA may not be held liable for any prejudice,

of any kind, resulting from the use of the product purchased for a professional activity.

8.4 ETABLISSEMENTS TIFFON SA declines all responsibility for any technical difficulties that CUSTOMERS may encounter on the Internet Site, whatever the cause or origin, in particular in the event of bugs, failure to respect the integrity of information through communication networks, lack of terminal capacity to restore information or failure to transmit and route their orders within the normal time limits.

8.5 The products sold on the Website comply with the regulations in force in France. ETABLISSEMENTS TIFFON SA may not be held liable in the event of infringement of the regulations of another country where the products are delivered.

8.6 The hypertext links on the Site lead to other Internet sites.
ETABLISSEMENTS TIFFON SA has no rights over these sites.
Consequently, ETABLISSEMENTS TIFFON SA cannot be held responsible, for any reason whatsoever, for the content, products and/or services or any data or information available on or from external sites and/or sources, which contravene French, Community or international regulations.
ETABLISSEMENTS TIFFON SA cannot be held responsible for the non-conformity of products sold by its partners and/or any other problem of this nature.
Third party sites or partners of ETABLISSEMENTS TIFFON SA may use hypertext links referring to the Site, subject to prior written acceptance by ETABLISSEMENTS TIFFON SA.
CUSTOMERS and all users of the Site acknowledge that ETABLISSEMENTS TIFFON SA may not be held responsible for these links or for the content of third party sites producing such a link to ETABLISSEMENTS TIFFON SA.

ARTICLE 9: CUSTOMER SERVICE

Customer Service is available to the CUSTOMER for any questions or information relating to our services, products or the tracking of your order.
Customer Service is there to advise and assist the CUSTOMER with their purchases. For any question requiring a very specific service to the CUSTOMER, our customer service is available on 05 45 92 91 46 (price of a local call) from Monday to Saturday (excluding public holidays) from 10:00 am to 7:00 pm or by e-mail: contact@cognac-tiffon.com.
For all calls relating to the proper execution of these General Terms and Conditions of Sale or the processing of a complaint, our customer service department is available on 00 00 00 00 00(price of a local call) or by e-mail: contact@cognac-tiffon.com

ARTICLE 10: PROTECTION OF PERSONAL DATA – CONFIDENTIALITY

10.1 In order to comply with European and French standards for the protection of personal data and privacy, ETABLISSEMENTS TIFFON SA is registered with the Commission Nationale de l’Informatique et des Libertés (CNIL).

The personal information provided by the CUSTOMER when registering is recorded and stored securely.

10.2 The CUSTOMER has the right to access, rectify and object to any personal data concerning him/her, in accordance with the French Data Protection Act no. 78-17 of 6 January 1978.
In the event that the CUSTOMER wishes to modify, add to or delete personal data (inaccurate, out of date, etc.) recorded by ETABLISSEMENTS TIFFON SA, the CUSTOMER must send a letter to the aforementioned company accompanied by a photocopy of his/her identity card to the following address: 29 QUAI DE L’ILE MADAME 16200 MAINXE-GONDEVILLE.
The company ETABLISSEMENTS TIFFON SA undertakes to respect the strict confidentiality of the personal information provided by the CUSTOMER.

ARTICLE 11: PROTECTION OF THE WEBSITE

The Internet Site is the exclusive property of ETABLISSEMENTS TIFFON SA.
Consequently, the content of the Website (texts, photographs, graphic charter, etc.) constitutes works within the meaning of Articles L112-1 et seq. of the French Intellectual Property Code.
As such, any partial or total reproduction of the Website and/or any of its elements is strictly forbidden without the consent of ETABLISSEMENTS TIFFON SA. Any use of the elements of the Internet Site must be subject to the prior written authorisation of ETABLISSEMENTS TIFFON SA.
Any use, representation or reproduction of the trademark and/or logo is strictly prohibited, under penalty of prosecution, in particular for counterfeiting.
If a person wishes to use the information on the Site for commercial or other purposes, they must inform ETABLISSEMENTS TIFFON SA beforehand in writing (via customer service), which reserves the right to accept or refuse the request.

ARTICLE 12: APPLICABLE LAW

The GCS are governed by French law.
In the absence of an amicable settlement, any person failing to comply with these stipulations will be held accountable before the competent French courts.

APPENDIX: MODEL WITHDRAWAL FORM
MODEL RETRACTION FORM
(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of [the trader here inserts his/her name, geographical address and, where available, fax number and e-mail address] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :

(*) Delete as appropriate.