AFFINESSENCE online store
www.affinessence.com

The website www.affinessence.com (hereinafter referred to as the “Website”) is published by AFFINESSENCE SARL, whose registered office is located at 6 rue de Lota, 75116 Paris – France, registered under SIRET number: 79428575900039. Intra-Community VAT number: FR 06 794285759; Email: contact@affinessence.com; Tel.: +33 6 86 15 85 34.

The purchase of products offered on www.affinessence.com is subject to these Website General Terms and Conditions of Sale.

These General Terms and Conditions of Sale are valid as of 15 November 2015. The seller reserves the right to amend these terms of sale at any time and without prior notice.

Any order for a Product offered on the Website implies that the User has read and expressly accepted these General Terms and Conditions of Sale, without such acceptance being conditional upon a handwritten signature. Validation of the order form constitutes an electronic signature which, between the Parties, has the same value as a handwritten signature.

Orders placed on the Website are reserved for private individuals and for companies acting as “end buyers” and not for resale. The resale or distribution of products ordered through the Website is strictly prohibited.

AFFINESSENCE SARL declines all liability in the event of interruption of the Website or the occurrence of “bugs” or other computer viruses, and will do everything possible to satisfy its customers in the latter case.

AFFINESSENCE SARL declines all liability in the event of failure to meet its obligations as defined herein resulting from a case of force majeure.

I. AVAILABILITY

Product offers and prices are valid as long as they are visible on the Website, within the limits of available stock, and are restricted to the countries for which the Website authorizes sales.

Information on product availability is provided at the time the order is placed.

Errors or changes may exceptionally occur, notably in the case of simultaneous orders of the same product by several customers.

In the event that a product becomes unavailable after an order has been placed, AFFINESSENCE SARL will notify the consumer by email or by telephone as soon as possible, offering either to order another item presented on the Website as a replacement, or to cancel the order.

In the latter case, AFFINESSENCE SARL will refund the consumer no later than within 30 days of payment, if the bank account has been debited.

AFFINESSENCE SARL shall incur no liability in the event of stock-outs or product unavailability for any reason whatsoever, and reserves the right to change, at any time and without prior notice, the items offered on the Website.

II. ORDER PROCESS

By browsing the Website, the consumer may view the various products offered for sale on the date of consultation.

Browsing the different pages of the Website does not in any way commit the consumer to placing an order.

During browsing, a consumer wishing to place an order may do so simply by clicking the “Add to cart” button displayed next to each Product viewed.

The consumer is informed that, at any time during the order process—i.e., up to the actual payment—the consumer may return to the order, add to it, modify it, or cancel it, as long as it has not been finally validated.

III. ONLINE ORDER – PAYMENT AND PRICES

At the end of the order process, the consumer is invited to click the “Pay” button.

Once validated, the order is sent for processing. It may no longer be modified or cancelled except under the conditions expressly provided for in these General Terms and Conditions of Sale or as required by applicable law. Validation of the order constitutes acceptance of these General Terms and Conditions of Sale in their entirety. An order summary will be sent to the consumer by email, and an invoice will be sent when the order is dispatched.

The data recorded by the www.affinessence.com Website constitute proof of all transactions between AFFINESSENCE SARL and its customers. In the event of a dispute regarding a transaction carried out on the Website, the data recorded by AFFINESSENCE SARL shall be considered irrefutable evidence of the transaction’s content.

Pursuant to Article L.134-2 of the French Consumer Code, when the amount of an order is equal to or greater than €120, AFFINESSENCE SARL retains the electronic record evidencing the contract concluded between the parties for a period running from the conclusion of the contract until the date of delivery of the goods, and for ten (10) years thereafter (in accordance with Decree 2005-137 of 16 February 2005). The consumer may access this document at any time upon request sent to contact@affinessence.com.

Product prices are indicated in euros, including all taxes (VAT included for mainland France and European Union countries). However, goods exported to overseas territories or outside the European Union are sold excluding taxes and may be subject to taxes in the destination country according to local regulations. Such taxes are paid by the recipient upon delivery of the parcel. Upon entry into the destination country, the customs authorities determine any customs duties payable by the recipient based on the parcel’s contents (origin, nature, and value).

AFFINESSENCE SARL reserves the right to modify, at any time and without prior notice, the prices of products offered on the Website. Products are invoiced based on the rates displayed on the Website at the time the order is validated, subject to product availability at that moment.

Any order placed on the Website must be paid immediately upon validation of the order.

All orders are payable in euros. The bank cards or credit cards accepted are specified in the payment window. The order will be dispatched only after verification of the payment method and receipt of authorization to debit the bank card.

The consumer’s bank card will be debited only when the order is dispatched. If some items ordered are unavailable (see Availability), only the price and shipping costs relating to the available products will be debited.

IV. DELIVERY

Once the order has been prepared, it will be shipped to the postal address provided by the consumer when placing the order.

As delivery may be handled by a third-party service provider, the consumer is informed that AFFINESSENCE SARL cannot be held liable if non-performance or improper performance of this obligation is attributable to the consumer, to the unforeseeable or unavoidable act of a third party to the contract, or to a case of force majeure.

The method and amount of shipping costs are specified during the order process.

Purchased Products will be delivered by standard postal services, within the usual average delivery times: 2 to 10 business days from dispatch.

In the case of a tracked “Colissimo” shipment with signature on delivery, tracking is provided by the postal service up to the recipient, who receives the parcel against signature.

In the case of a “tracked letter” (e.g., a Discovery Set), tracking is provided by the postal service up to delivery for the following 20 countries: Germany, Belgium, Canada, Denmark, Spain, Estonia, United States, Finland, France, Great Britain, Hong Kong, Ireland, Iceland, Luxembourg, Malaysia, New Zealand, Netherlands, Portugal, Singapore, Sweden, Switzerland. For other destinations, tracking is provided only up to the French border.

AFFINESSENCE SARL cannot be held liable for longer and/or excessive delivery delays attributable to postal services, means of transport and/or communications, or force majeure.

In any event, and in accordance with Article L.121-20-3 of the French Consumer Code, the order will be fulfilled within a maximum of thirty (30) days from the day following the day on which the Consumer submitted the order, subject to full payment of the price.

Any delivery delay must be reported as soon as possible to: contact@affinessence.com.

Each delivery is deemed completed as soon as the product(s) are made available to the consumer by the carrier, either in the consumer’s mailbox (for example, for a Discovery Set) or as evidenced by the carrier’s tracking control system (for example, signature upon delivery for a Colissimo shipment).

It is the consumer’s responsibility to immediately check, upon receipt of the product(s), that the product(s) are compliant and intact. In the event of delay, breakage, or missing items, the consumer must make complete and precise reservations on the delivery slip. In all cases, the consumer may only exercise recourse against the carrier, to whom such reservations must be addressed.

In accordance with Article L.133-3 of the French Commercial Code, any reservations must be confirmed by registered letter to the carrier within three (3) days following receipt.

Any such reservation (or relating to a tracked letter) must also be immediately notified to the following address (with, where applicable, a copy of the registered letter sent to the carrier): AFFINESSENCE SARL, 6 rue de Lota, 75116 Paris – France — contact@affinessence.com.

V. LEGAL WARRANTY – WITHDRAWAL – UK RESPONSIBLE PERSON

V.1 Legal Warranty

As a professional seller, AFFINESSENCE SARL guarantees that the products conform to their intended use and do not present defects or hidden flaws rendering them dangerous or unfit for normal use.

If the product(s) are not compliant with the information provided when presenting the product(s) on the Website, in accordance with Article L.211-5 of the French Consumer Code, or if they present hidden defects referred to in Article 1641 of the French Civil Code, the consumer will be reimbursed.

AFFINESSENCE SARL undertakes to reimburse the consumer within a maximum period of thirty (30) days, subject to compliance with the conditions mentioned below.

The product(s) are subject to the warranty conditions provided by French law:

“Article L.211-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for lack of conformity resulting from packaging, assembly instructions, or installation when such installation was its responsibility under the contract or was carried out under its responsibility.”

“Article L.211-5 of the French Consumer Code: To conform to the contract, the goods must: 1° Be fit for the use normally expected of similar goods and, where applicable: – correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model – present the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer, or its representative, in particular in advertising or labeling; 2° Or present the characteristics agreed jointly by the parties or be fit for any special use sought by the buyer, made known to the seller and accepted by the seller.”

“Article L.211-12: Actions resulting from lack of conformity are time-barred two years from delivery of the goods.”

“Article 1641 of the French Civil Code: The seller is liable for warranty on account of hidden defects in the sold item that render it unfit for its intended use, or that so diminish such use that the buyer would not have purchased it, or would have paid a lower price, had they known.”

“Article 1648, first paragraph, of the French Civil Code: Actions resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.”

If the Consumer receives Product(s) that are non-compliant or have a hidden defect, the provisions of Article V.1 above shall apply.

Customer service: in the event of a quality issue/non-compliant product, please contact AFFINESSENCE SARL, which will indicate the procedure to follow: 6 rue de Lota, 75116 Paris – France. Email: contact@affinessence.com; Tel.: +33 6 86 15 85 34.

V.2 Withdrawal

In accordance with Article L.121-21 of the French Consumer Code as amended by Law No. 2015-990 of 6 August 2015 – Article 210, and Article 2 of Decree No. 2022-424 of 25 March 2022, the consumer has a period of fourteen (14) days to exercise the right of withdrawal, using the following MODEL WITHDRAWAL FORM:

If you wish to withdraw from the contract, and only in this case, please complete and return this form:

For the attention of AFFINESSENCE, 6 rue de Lota, 75116 Paris — email: contact@affinessence.com

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

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.

No later than fourteen (14) days after communicating the decision to withdraw, the consumer must return, at their own expense, the product(s), 반드시 complete, in perfect condition, meaning intact and unopened, in perfect resale condition, in their original packaging, accompanied by the invoice and a letter to the following address: AFFINESSENCE SARL, 6 rue de Lota, 75116 Paris – France.

AFFINESSENCE SARL will refund the consumer the sums paid at the time of the order (products and any delivery costs charged) after recovery of the goods and verification that they are in perfect condition to be put back on sale. The refund will be made within a maximum of thirty (30) days after the consumer exercises the right of withdrawal, subject to compliance with the conditions mentioned above.

V.3 Responsible Person (RP) for the UK

The following information applies only to sales made to consumers in the UK: Responsible Person (for authorities only):

Website: www.theregcom.com/rp — RP details: TRC 2514 AA NL

VI. APPLICABLE LAW AND COMPETENT JURISDICTION

Disputes relating to the conclusion, validity, interpretation, or performance of the contract are governed exclusively by French law. In the event of litigation, only the courts of the seller’s registered office shall have jurisdiction.

VII. PERSONAL DATA

By simply placing an order on the Website, the buyer authorizes AFFINESSENCE SARL to process their personal data and to use it for purposes such as customer administration, order management, delivery and invoicing, creditworthiness monitoring, marketing, and advertising. Any use of such data for marketing or personalized advertising purposes is subject to the customer’s prior consent, given during the order process.

A customer who has placed an order on the Website may at any time request access to and correction of the personal data recorded. The customer has the right to object, upon request and free of charge, to the processing of data for direct marketing purposes.