Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE – ONLINE SALES

1. Article 1 – Scope and purpose

1. These General Terms and Conditions of Sale (hereinafter the "GTC") apply exclusively to the online sale of BRUME ORPIN products (hereinafter the "Seller") on the website brume-orpin.com, (hereinafter the "Site") access to which is subject to registration.

2. The General Terms and Conditions apply to all orders for Products placed by end consumer customers acting for non-professional purposes (hereinafter the "Buyer" or the "Buyers") through the Site, with the exception of "special orders" or "custom-made" products.

3. The General Terms and Conditions apply exclusively to products delivered to Buyers established in France and/or in a member country of the European Union.

4. The General Terms and Conditions and all contractual information mentioned on the Site are written in French.

5. The applicable terms and conditions are those in effect on the date of the order.

6. The Seller reserves the right to modify these Terms and Conditions at any time, it being specified that these modifications will not apply to orders already accepted.

7. A dated version of the terms and conditions applicable to the order can be provided to Buyers upon request.

8. In the event that any clause of these General Terms and Conditions is declared null and void or unenforceable by a final decision of a competent court, such nullity or unenforceability shall not affect the validity of the other clauses, which shall remain in full force and effect.

9. The fact that the Seller does not invoke any of the clauses of the General Terms and Conditions at any given time shall not be interpreted as a waiver of the right to invoke them subsequently.

10. The website brume-orpin.com is published by the company BRUME ORPIN, a simplified joint-stock company with a capital of 50,000 euros, whose registered office is located at 75 boulevard Haussmann, 75008 Paris, registered with the RCS of Paris under SIREN number 828 675 421, VAT number FR83 828675421.

11. Telephone number: +33(0)1 89 97 26 82 – bonjour@brume-orpin.com

2. Article 2 – Pre-contractual information

1. In accordance with Articles L.111-1 and L.221-5 of the Consumer Code, the Buyer acknowledges having received, prior to any order, in a legible and understandable manner, the required legal information, included in these Terms and Conditions.

2. The Terms and Conditions are accessible at any time via a link at the bottom of the Website and on the Order confirmation page. The Seller encourages the Buyer to download and save them.

3. Validating the payment implies acceptance by the buyer of the Terms and Conditions, which they will have read beforehand.

3. Article 3 – Products

1. The products offered for sale on the website brume-orpin.com are perfumes, eau de toilette, perfume extract, scented candles and any other scented product created by BRUME ORPIN PARFUM; they are intended exclusively for Buyers acting for non-professional purposes.

2. Each product has a descriptive sheet accessible on the Site, presenting its essential characteristics, including its name, its capacity or format, its composition, as well as, where applicable, precautions for use and usage advice.

3. Photographs, visuals and illustrations of the products are provided for illustrative purposes only.

4. The products comply with current French and European regulations applicable to cosmetic and perfumed products, particularly with regard to safety and protection of the health of Buyers, at the time they are placed on the market.

5. Product offers and corresponding prices are valid as long as they are visible on the Site, within the limits of available stock.

6. In the event that the ordered product is unavailable, the Seller shall immediately inform the Buyer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order.

7. In the event of disagreement by the buyer, the Seller will proceed with the refund of the sums paid within 5 working days.

4. Article 4 – Formation of the contract

1. Offer

1. The sales offers presented on the website brume-orpin.com are offered for online sale to Buyers, for the countries mentioned on the website at the time of ordering.

2. Online sales offers are valid as long as they are visible on the Site and within the limits of available stock, unless otherwise specifically indicated on the Site.

2. Ordering process

1. To place an order, the Buyer selects the products of their choice and adds them to their basket. They then access an order summary specifying, in particular, the nature of the products, their quantity, their unit price, the total price including all taxes, as well as the applicable delivery charges.

2. Before final validation of the order, the Buyer has the opportunity to check the details of the order and correct any errors.

3. The order is definitively validated when the Buyer clicks on the order confirmation button, which explicitly states an obligation to pay. This click implies that the buyer has read and understood the Terms and Conditions, which are available in a format that allows for storage and reproduction.

3. Acceptance and conclusion of the contract

1. Confirmation of the order by the Buyer implies unreserved acceptance of these Terms and Conditions and formation of the sales contract.

2. A summary order confirmation is sent to the Buyer by email on a durable medium.

3. The Seller reserves the right to refuse or cancel any order for legitimate reasons, in the event of abnormally high quantities ordered by a Buyer, a manifest anomaly on the order or a prior dispute relating to payment.

4. Order modification

1. Any request to modify the order by the Buyer after its validation is subject to the prior and express acceptance of the Seller.

2. The Seller may, where appropriate, make minor modifications to the ordered product related to technical or regulatory developments, provided that these modifications do not alter the essential characteristics of the product.

5. Article 5 – Price

1. Selling price

1. The prices of products offered for sale on the website brume-orpin.com are indicated in euros (€), inclusive of all taxes (TTC), including the value added tax (VAT) applicable on the day of the order, in accordance with the consumer code.

2. The prices indicated do not include delivery, transport or postage costs, which are clearly and separately specified before final validation of the order and added to the total amount due by the Buyer.

3. The total amount payable by the Buyer, including the price of the products, additional charges and any applicable taxes, is communicated clearly and legibly before order confirmation.

2. Price applicable to the order

1. The applicable price is the one displayed on the Site at the time the Buyer validates the order.

2. The Seller reserves the right to modify its prices at any time. However, products are invoiced based on the rates in effect at the time of the order, without these modifications affecting orders already placed.

3. Promotional offers, price reductions or temporary benefits are valid for the duration and according to the conditions expressly indicated on the Site.

6. Article 6 – Payment

1. The price is due in full upon order confirmation. Payment is made immediately upon ordering by credit card.

2. The Site uses a secure online payment system that allows the Buyer to encrypt the transmission of their bank details via the secure payment platform's payment server. At no time will the Buyer's bank details pass through the Seller's computer system.

7. Article 7 – Delivery and Transfer of Risk

1. The products are delivered to the address provided by the Buyer when placing the order. It is the Buyer's responsibility to verify the accuracy and completeness of the information provided.

2. Delivery will take place within the time frame indicated when ordering and, in any event, within a maximum period of thirty (30) days from the validation of the order.

3. For informational purposes only, and without any firm commitment, the average delivery times generally observed are as follows:

- France: 48 business hours

- Europe: average delivery time of 3 business days

- EU zone: average delivery time of 3 to 5 business days

- Other countries: 3 to 10 business days

4. Ownership and risk transfer occur upon delivery of the products.

5. The risks of loss or damage are transferred to the Buyer when the Buyer, or a third party designated by the Buyer, takes physical possession of the products.

6. If the product does not conform to the order, the Buyer must submit a claim to the professional seller to obtain a replacement or, if necessary, a refund. Requests should be sent to bonjour@brume-orpin.com

8. Article 8 – Right of withdrawal

1. Principle

1. In accordance with Articles L.221-18 et seq. of the Consumer Code, the Buyer has a right of withdrawal allowing him to cancel all or part of his order without having to justify reasons or bear penalties, within a period of fourteen (14) days.

2. In accordance with the rules for calculating time limits, this 14-day period begins to run from the day after receipt of the goods.

3. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

2. Terms and conditions for exercising the right of withdrawal

1. The Buyer exercises his right of withdrawal by informing the Seller of his decision to withdraw, before the expiry of the aforementioned period, by means of an unambiguous statement expressing his intention to withdraw.

2. This notification can be made by email to bonjour@brume-orpin.com, or by post to the address indicated below. If you use this option, we will promptly send you an acknowledgement of receipt of your withdrawal on a durable medium (for example, by email).

3. The Buyer may also use the standard withdrawal form set out in Article 9.6 of these Terms and Conditions, although its use is not mandatory.

3. Return of products in the event of exercising the right of withdrawal

1. Products are returned at the Buyer's own risk and expense to the following address: BRUME ORPIN PARFUM – Returns Department - 75 boulevard Haussmann 75008 Paris – France

2. Products must be returned complete, in their original condition, undamaged and in their original packaging, allowing them to be resold as new.

3. The Buyer may be held liable for any depreciation of the products resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the products.

4. Refund in the event of exercising the right of withdrawal

1. In the event of a valid exercise of the right of withdrawal, the Seller shall reimburse all sums paid by the Buyer.

2. The refund will be made within fourteen (14) days from the date on which the Seller is informed of the decision to withdraw.

3. However, the Seller reserves the right to defer reimbursement until the products have been effectively recovered or until the Buyer provides proof of shipment of the products, whichever occurs first.

4. The refund will be issued using the same payment method as the initial transaction, unless the Buyer expressly agrees to another method, at no additional cost.

5. Standard withdrawal form

1. The Buyer may use the standard withdrawal form below if they wish to withdraw from the contract. This form should only be completed and sent if the Buyer wishes to exercise their right of withdrawal.

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In accordance with Article R222-1 of the Consumer Code:

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To: BRUME ORPIN PARFUM - Customer Service - 75 boulevard Haussmann 75008 Paris – France

Email address: bonjour@brume-orpin.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of the Buyer(s):

Buyer's address(es):

Signature of the Buyer(s) (only if this form is submitted on paper):

Date :

(*) Delete as appropriate.

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9. Article 9 – Legal Guarantees

1. General principle

The Products sold by the Seller comply with current French regulations and benefit, independently of any possible commercial warranty, from the legal guarantees provided by law, namely:

• the legal guarantee of conformity provided for in articles L.217-1 to L.217-32 of the consumer code;

• the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code.

These legal guarantees apply at no cost to the Buyer.

2. Information regarding legal guarantees (Article D.211-2 of the Consumer Code) consumption)

The consumer has two years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.

When a sales contract provides for the continuous provision of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or service throughout the entire provision period. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the item is 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 insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:

1° The professional refuses to repair or replace the item;

2° The repair or replacement of the item takes place after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who obstructs in bad faith 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 the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.

Regarding bringing the Product into conformity (replacement or repair), the Seller may not proceed according to the Buyer's choice if the requested bringing into conformity is impossible or entails disproportionate costs, particularly with regard to:

1. The value the property would have in the absence of a lack of conformity

2. The importance of non-conformity

3. The possible option of choosing the other option without major inconvenience for the Buyer.

The Seller may refuse to bring the Product into compliance if this is impossible or entails disproportionate costs, particularly with regard to cases 1 and 2.

The price reduction will necessarily be proportional to the difference between the value of the delivered Product and the value of that Product in the absence of the non-conformity.

It is specified that in cases where the Buyer is entitled to a reduction in the price of the Product or to the termination of the contract (see above box), the Buyer must expressly inform the Seller of his decision to obtain a reduction in the price of the Product or to terminate the contract, in accordance with Articles L.217-15 and L.217-16 of the Consumer Code.

The cancellation can only take place if the Products are returned to the Seller by the Buyer, at the Seller's expense.

In any situation, the Buyer will only be able to benefit from the cancellation or the price reduction in compliance with the provisions of the consumer code.

3. Implementation of legal guarantees

1. All Products referred to herein are covered by the aforementioned legal guarantees.

2. For any questions relating to legal guarantees, the Buyer can contact the Seller:

• by email: bonjour@brume-orpin.com

• or by post to the registered office address indicated in Article 1 of these Terms and Conditions.

The Buyer must provide all information necessary to identify the order in question (order number, invoice).

The party responsible for the legal guarantee is the Seller, whose name, postal and telephone contact details, and email address are included in the order form.

Territory: France

4. Exclusions

Legal guarantees do not cover:

• Damage resulting from misuse, improper use or failure to follow operating instructions;

• Normal wear and tear of the Products;

• Products that have been modified or altered by the Buyer or an unauthorized third party.

10. Article 10 – Liability

1. The Seller shall not be held liable in the event of improper use of the products or failure to comply with the precautions for use.

2. This limitation does not apply to mandatory legal liabilities.

3. The Seller's liability under these General Terms and Conditions of Sale and an Order shall not be engaged in the event that the non-performance of its obligations results exclusively from a case of force majeure as defined by article 1218 of the civil code and specified by case law.

4. The Buyer declares that they have full legal capacity to enter into this agreement under these Terms and Conditions.

5. If a Buyer without legal capacity orders Products on the Site, their legal representatives will have to assume full responsibility for the order and will in particular have to pay the price of the order.

6. In the event of a dispute, you can contact the company's customer service department by email (bonjour@brume-orpin.com) in order to try to resolve this dispute amicably.

11. Article 11 – Intellectual Property

1. The content of the Site is the exclusive property of the Seller.
   Under no circumstances is the Buyer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos…).

2. The Site or any part of the Site may not be reproduced, copied, sold or exploited for commercial or professional purposes without the express, written and prior authorization of the Seller.

3. Generally, the Seller retains ownership of all intellectual property rights to the photographs, presentations, trademarks, bottles, packaging, and other distinctive signs appearing on the Site. The Buyer is therefore prohibited from reproducing or using the aforementioned rights and elements without the Seller's express, prior written authorization, which may be subject to a financial consideration.

4. Failure to comply with the provisions of this article may result in civil and criminal liability for the person responsible.

12. Article 12 – Personal Data

1. In the context of the online sale of its products, the Seller is required to collect and process personal data concerning the Buyer.

2. The personal data requested from the Buyer is necessary for the performance of the sales contract concluded between the Buyer and the Seller. It is used exclusively for the following purposes: order management, processing and tracking; invoicing and payment; product delivery; after-sales service management and handling of any complaints; and compliance with the legal and regulatory obligations applicable to the Seller.

3. Personal data is recorded in a computer file by the Seller and is intended solely for the Seller's authorized internal departments.

4. They may be communicated to technical and logistical service providers acting as subcontractors, in particular for the purposes of secure payment, order delivery or hosting of the Site, exclusively for the purposes of the performance of the contract and in compliance with the requirements of the GDPR.

5. The Seller does not transfer personal data to third parties for commercial purposes.

6. The Seller implements appropriate technical and organizational measures to ensure the security, integrity and confidentiality of personal data, and to prevent any loss, alteration, disclosure or unauthorized access.

7. The personal data collected is kept for a maximum period of thirty-six (36) months from the last commercial interaction with the Buyer, subject to longer legal retention obligations applicable to certain data, in particular for accounting or tax purposes.

8. In accordance with Law No. 78-17 of 6 January 1978 as amended and the General Data Protection Regulation (GDPR), the Buyer has the right to access, rectify, delete, object to, limit the processing of and transfer personal data concerning him/her.

9. These rights can be exercised at any time by sending a request by email to the following address: bonjour@brume-orpin.com, or by mail to the following address: BRUME ORPIN PARFUM - 75 boulevard Haussmann 75008 Paris – France

10. If you object to the processing of data strictly necessary for the execution of the contract, the order cannot be executed.

13. Article 13 – Applicable Law and Dispute Resolution

1. These Terms and Conditions are governed by French law.

2. Pursuant to Articles L. 612-1 et seq. and R. 612-1 et seq. of the French Consumer Code, and provided that the Buyer has first submitted a written complaint to the Seller's customer service department by email (bonjour@brume-orpin.com) or by mail, which remains unanswered, the Buyer may resort to the free mediation service for the amicable resolution of the dispute. The contact details for this service are provided below: SAS MEDIATION – 222 chemin de la Bergerie 01800 Saint Jean de Niost – mediation@sasmediationsolution-conso.fr – https://www.sasmediationsolution-conso.fr

3. In any event, the Buyer may bring the matter before either one of the courts with territorial jurisdiction under the code of civil procedure, or the court of the place where he resided at the time of the conclusion of the contract.