Terms and conditions
ARPA SAS, through its website www.arpa.com (the “Website”), markets cosmetics and perfumery products developed in strict compliance with the requirements of the French perfumery (the “Products”).
The Terms and Conditions apply to all orders of Products through the Website with the exception of “special orders” and “tailor-made” products.
Sales through the Website are only for customers (the “Clients”).
Given the prestigious character of the Products, they are marketed through a selective distribution network. As a consequence, the Products shall not be subject, in any circumstances, to resale or distribution.
The Products displayed on the Website are offered for sale within the limit of available stocks and under the conditions of sale specified on the Website, in particular the pricing conditions.
ARPA reserves the right to modify, at any time and without notice, the Products displayed on the Website. The sale conditions related to the Products, in particular pricing conditions, are those in force at the time of acceptance of the ordering.
The greatest care is taken by ARPA in the presentation and the description of the Products. However, if in spite of this, substantive errors or omissions do occur, ARPA may not, in any case, be held liable for such errors or omissions.
In the eventuality of a Product no longer being available after an order is completed, ARPA will notify the Client by email or telephone with the least possible delay to propose the purchase of another Product on the Website as a replacement or to cancel the order.
In this latter eventuality (cancellation of order), ARPA will refund the Client no later than 30 days from the date of payment if the Client’s bank account has already been debited.
ARPA shall not be held liable in any way should it run out of inventory or if the Products otherwise become unavailable.
II. Conditions of ordering
While browsing the Website, the Client is able to know the various Products offered for sale on the day of the visit to the Website.
Navigation through various pages of the Website in no way constitutes an order.
During the browsing on the Website, the Client can be willing to place an order and can do so simply by clicking on the icon “add to basket”, such icon being next to each item shown.
The order placed through the Website is subject to the creation of an account on the Website or to the “Express Checkout” procedure.
These procedures require the validation of various steps by the Client in order to finalize the order and in particular require: to provide its contact details as well as the delivery address; to check its order and, if necessary, to correct the errors or modify the order, to accept the Terms and Conditions, to pay the price of the ordered Products, to confirm the order.
Clicking on the check box of acceptance of the Terms and Conditions during the ordering process constitutes acceptance of the Terms and Conditions.
An email summarizing the order shall be sent to the Client by ARPA as soon as the order is recorded.
The maximum amount of an order that may be placed by a single Client (same name, same address) at one time shall not exceed the sum of Euros 5000, taxes included (but before charges for shipping).
Handling charges of 14€ (TBC) will be invoiced for any order below 15€.
III. Online ordering - Payment
At the end of the ordering process, the Client is asked to click on the ‘Pay’ icon. As soon as this is entered, the order is transmitted for processing. It can no longer be modified or cancelled except under the conditions expressly presented under the Terms and Conditions or under conditions of applicable law.
The data registered by the Website www.arpa.com constitutes the proof of the overall transaction accomplished between ARPA and its Client. In case of conflict concerning a transaction accomplished over the Website, this registered data shall constitute irrefutable proof of the content of the transaction.
The price of Products is given in Euros, all taxes included (taxes in force in French territory) and excluding delivery costs. ARPA reserves the right to modify at any moment and without prior notice the price of Products offered on the Website. The Products are billed at a price including taxes posted on the Website at the moment of finalization of an order provided those Products ordered are indeed available at the moment of the order.
All orders placed on the Website must be paid immediately after the validation of the order.
All orders are payable in Euros. Payments are secured and debit and credit cards accepted are shown on the ‘payment’ window. Cards issued by banks not domiciled in the French territory must be international banking cards.
The delivery of the order only takes place after verification of payment and upon receipt of the authorization to debit the banking card. The order is paid at once. The mere fact of providing a banking card number implies the authorization to debit the Client’s account for the amount of the order.
In the case of unavailability of Products ordered (see ‘Availability’), only the price of Products and the shipping costs will be debited.
Once an order has been placed, it will be shipped to the postal address given by the Client when ordering, being specified that the address may not be a PO Box.
A competent third party carries out delivery and the Client understands that ARPA cannot be held responsible in case of non execution or defective execution of this obligation attributable to the Client or resulting of an unforeseeable or insurmountable problem incurred by the third party or in the case of an act of God.
The method and cost of shipping will be indicated in the course of placing the order.
Purchased Products will be transported by usual postal services known to commit themselves to delivery of parcels usually within two to five days for France, up to three weeks depending on countries.
Orders will be executed within 30 days maximum counting from the day following the placement of the order by the Client, provided payment has been made in full.
Any delay in delivery should be indicated as soon as possible with an email to firstname.lastname@example.org.
A delivery shall be deemed to have occurred as soon as the Products are made available to the Client by the transporter, the delivery being materialized by the control system used by the transporter.
It is for the Client to verify immediately on receipt of the Products that those Products have arrived in the expected condition.
In case of delay, breakage or missing Products, the Client shall indicate its reservations on the delivery slip. In any event, the Client may then only exercise recourse against the transporter. Any problem must be confirmed by letter sent to the transporter within three days of receipt of the Products.
In addition, any problem of this type must be reported to the following address: email@example.com.
V. Legal guarantee - Withdrawal
V.1 Legal Guarantee
ARPA, as a professional seller, guarantees that all Products conform to the use for which they are expected and present no faults or hidden defects that render them dangerous or unsuited to their normal use.
In case a Product fails to conform to the information given about the Product on the Website, and in accordance with article L.217-9 of the French Consumer Code, or, in the case of Products with hidden defects as per article 1641 of the French Civil Code, the Products will be, at the discretion of the Client, fully reimbursed or replaced.
ARPA shall reimburse the Client within a maximum period of 30 days, subject to the conditions mentioned below.
According to the provision of Article L.217-15 of the French Consumer Code, the articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer code and article 1641 and the first paragraph of article 1648 of the French Civil Code are fully reproduced:
“Article L.217-4 of the Consumer Code: The seller delivers a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility”.
“Article L.217-5 of the Consumer Code: The product is conform to the contract:
1. If it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or if it has the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
“Article L.217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product. ”
« Article L.217-16 of the Consumer Code: When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee.
The said period shall run from the time when the buyer requests assistance of the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.»
“Article 1641 of the Civil Code: The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
“Article 1648, first paragraph of the Civil Code:
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. “
In case of receipt by the Client of non-compliant Product(s) or Product(s) with a hidden defect, the disposition of article 5.2 below will apply.
The Client shall have a period of 14 calendar days from the delivery date to exercise its right of withdrawal and to ask for the reimbursement of the Product(s) ordered and that are not giving satisfaction.
A withdrawal form shall be provided with the delivery of Product(s).
In order to exercise its withdrawal right, the Client must return the withdrawal form with the Product(s) in perfect condition and in original packaging accompanied with the invoice and a letter to the following address: ARPA SAS 24 rue Gabrielle Josserand, Pantin 93500, France
To guarantee the product is still in perfect condition for return, a sample will accompany the product outside the bottle box. The sample must be tried before breaking the seal on the bottle box, as this rupture represents damage to the product and will not be eligible for return.
Any Product damaged, already used, bearing traces of use, having been changed or not returned in the original packaging shall not be, in any circumstances, subject to the exercise of the withdrawal right.
ARPA shall reimburse to the Client the total amount paid including the delivery costs with the exception of the costs of return. The reimbursement will be made in the same manner as the payment for the order, within a period of 30 days of the Client’s exercise of its withdrawal right subject to above mentioned conditions.
In compliance with article L.121-28 of the French Consumer Code, the above mentioned withdrawal right is not applicable to Products tailored to the Client’s specifications or which have been clearly personalized namely the tailor-made perfumes or the special orders.
VI. Confidentiality and Personal Data
ARPA implements all available means to ensure the confidentiality and the security of personal data of the Client collected through its Website.
The collected data is needed to manage orders and is subject to a data processing. As such, information related to the Client may be disclosed to technical service providers or sub-contractors of ARPA. The Client can object to the transfer of his personal data being precised that this objection can lead to the impossibility to deal with his order.
Apart from the managing of orders, the Client’s data may be used by ARPA and its partners:
- To inform the Client about the forthcoming events and sales through invitations;
- To reinforce and personalize communication between ARPA and the Client in particular through information related to Products, to the brand “ARPA” and the display of new contents.
Furthermore, ARPA may use technical means to obtain non-personal informations on internet users in order to improve the functionalities of the Website, for instance by recording the number of visitors on a web page.
In accordance with the “Informatique et Libertés” French law of 6 January 1978, the Client shall benefit from a right of access, rectification, opposition and removal of its personal data. The Client may effectively exercise that right by sending an email at: firstname.lastname@example.org.
The computer processing has been declared to the CNIL under the following number: 1413679.
VII. Intellectual property
The trademark “ARPA” and any other trademark and logo related to ARPA, registered or not, displayed on the Website as well as the domain name www.arpa.com are the exclusive property of ARPA.
The Website as a whole and all its constituted elements (in particular texts, sound tracks, softwares, animations, photographs, videos, graphic depictions, logos and any distinctive signs etc.) are intellectual works protected under the provisions of the French Intellectual Property Code. The Website and all its constituted elements are the exclusive property of ARPA which is the only one entitled to use the related intellectual property rights and personal rights, in particular the trademarks, logos, designs, copyrights and image rights.
The use of all or any part of the Website, in particular the downloading, reproduction, transmission, performance or broadcasting, other than for personal use and private use for non commercial purposes, is strictly prohibited. The infringement of these provisions is subject to the sanctions provided by the French Intellectual Property Code and the Civil Code.
VII.3 Hypertext links
The creation of hypertext links leading to any of the web pages of the Website or to any components of the Website is prohibited, except prior written authorization of ARPA, such authorization may be revoked at any time. All the websites containing a hypertext link leading to the Website are not under the control of ARPA which accept no responsibility (in particular editorial) regarding the access and the content of the said website.