GENERAL CONDITIONS OF SALE AND USE

Notices required by the law of confidence in the digital economy, for the www.pirate-parfum.com website and designation of parties

This site is administered by PIN SAS with capital of €200,000, listed in the trade and companies register of STRASSEN under number 2011 2203 452, with registered offices at 43, route d'Arlon, L-80 STRASSEN (Luxembourg).

The site administrator can be contacted by telephone on +32 2 2569320 or by e-mail at the following address: contact@pirate-parfum.com

European VAT N°: LU 24578455.
Business declared to the pharmacy and medicine division of the health ministry of the Grand Duchy of Luxembourg.

This site is hosted by Rackspace, whose registered offices are located at Rackspace US, Inc. 5000 Walzem Road, San Antonio, Texas 78218. Rackspace can be contacted by telephone on 800-961-2888.

The managing editor of this site is PIN SA, who is also responsible for editing the site.

Access to this site is free of charge, and unrestricted for any web user. Its purpose is online perfume sales.

Signing a contract governed by these general conditions with the administrator of this site implies acceptance by the web user of these general conditions. Web users also acknowledge that they have fully acquainted themselves with these conditions. This acceptance shall consist of the web user ticking the box next to the phrase: "I have read and agree to the general conditions of sale and use of the site."

Ticking the box will be considered as having the same value as a hand-written signature as far as the web user is concerned. The web user acknowledges the evidential value of the automatic recording systems used by the administrator of this site and, unless s/he can provide proof that this system is incorrect, s/he waives the right to challenge them in the event of a dispute.
Acceptance of these general conditions assumes that web users have the necessary legal capacity to do so, or failing this, that they have the authorisation of a guardian or trustee if they are incapable, of their legal representative if they are minors, or even hold a mandate if they are acting on behalf of a moral person.

Procedure for placing orders and description of the purchasing process

To meet the provisions of the law of confidence in the digital economy of 21 June 2004, the ordering process is described hereafter:

To place an order, web users will be able to select one or several items and add them to their basket. Once their order is complete, they will be able to access their basket by clicking on the relevant button.

By viewing their basket, members will be able to check the number and nature of the items they have chosen, as well as the unit price, the shipping costs and the total price of the order. They will have the option to remove one or more items from their basket. This summary will also show customers whether or not they are able to exercise their right to cancel and the applicable time periods.

If they are happy with their order and they wish to confirm it, users will be able to click on the confirm button; this will take them to a form where they can either enter their log-in details if they already have them, or register with the site by completing the form with their personal information.

Once they have logged in, or once they have fully completed the form, customers will be invited to check or change their delivery and billing details, then they will be asked to make payment and to do this, they will be redirected to the secure payment interface.

Once payment has been received by the site administrator, the latter undertakes to confirm receipt to the customer by e-mail within 72 hours.

Within the same time limit, the site administrator also undertakes to send the customer an e-mail summarising the order, confirming to the customer that it is being processed. This e-mail will include all information relating to the order - the products ordered, their delivery, as well as how the customer can exercise their right of cancellation.

The prices shown on the site are in Euros or Pounds Sterling, and include taxes but not delivery costs. These prices are subject to change at any time by the site administrator, and the prices displayed are only applicable on the day of the order - they are not valid for the future.

In any case, delivery costs will be indicated to the customer before any payment is made and they only apply to deliveries to the countries detailed on the Delivery page at the bottom of the website, or before the order is confirmed. For any delivery location other than the ones included in the grid of available countries on the order confirmation page, Pin Sa cannot be held responsible if it is not possible to deliver the goods to the customer.

The products and items sold shall remain the property of the seller until payment of the full price has been made, in accordance with this retention of ownership clause.

The availability of the products is indicated on the site with each item description, as well as on the order confirmation page.

Payment information

The web user may place an order on this site and can make payment using a credit or debit card, Ideal transfer, Elv or Paypal.

Delivery or provision

Orders are delivered by ABC Mail Group, or any carrier appointed by the site administrator, within 30 working days of the seller successfully receiving payment for the value of the goods.

However, some products or certain order volumes may require a longer delivery time - this will be explicitly mentioned to the consumer when the order is confirmed.

Provisions on consumer rights

The customer service department for this website can be accessed Monday to Friday, 8am to 5pm by calling the following telephone number: +32 2 2569320, by sending an e-mail to contact@pirate-parfum.com or by post by writing to PIN SAS, 43, route d'Arlon, L-80 STRASSEN (Luxembourg). If the site administrator is contacted by telephone or e-mail, they must respond within 60 days.

In accordance with current legislation, consumers have 7 days from the date of receipt of the package to request an exchange or refund. To exercise this right, they are responsible for returning (at their cost and using the recommended delivery method) the package to the company’s carrier:

Along with a letter asking for either a refund or an exchange.

However, in accordance with the provisions of article L121-20-2 of the consumer code, consumers may not, in any case, attempt to exercise any right of cancellation for orders of any products which, due to their nature, cannot be re-shipped or are likely to deteriorate or spoil quickly (e.g. perfume). Therefore, perfumes may only be returned if they have not been unsealed or damaged and are thus in perfect resale condition.

Any delivery delay may result in termination of the sale by the consumer, who can do so simply by making a written request. The consumer will then be reimbursed for the amounts paid when the order was placed. This clause does not apply if the delivery delay is due to a force majeure event, which is beyond the control of the site administrator.

In such a case, the customer agrees not to bring legal action against the site and its administrator, and waives their right to terminate the sale outlined in this article.

Guarantee for products purchased on this site

All products on this site are sold in accordance with current legislation and regulations and have all necessary approvals to be sold. The obligatory notifications required by current legislation and regulations will be shown on this site, more specifically in the description of each item.

In the event of a fault with a product purchased on this site, customers have, in accordance with the provisions of the civil code on legal guarantees for hidden faults, a period of two years from the date the fault was discovered to ask for the product to be exchanged or refunded, and, pursuant to article L211-5 of the consumer code, they will have a period of two years from the date of receipt of said product to ask for it to be exchanged or reimbursed, if the item delivered does not comply with the stated definition in the aforementioned article. To assert one of these rights, customers are responsible for returning the package to the company’s registered offices: L2B, Leuvensesteenweg 573, 9A, 1930 Zaventem, Belgium; along with a letter requesting a reimbursement or exchange. The cost of sending the package, only in this latter case, will be reimbursed to the customer by cheque or bank transfer, within thirty days.

Hidden defects, as these are faults inherent in the item and which, under normal conditions of use and conservation, would make it unfit for its intended use and, as the compliance obligation is understood as delivery of the contractually agreed item, the administrator of this site shall not be responsible for the normal wear and tear of products, accidental damage or damage which occurs as a result of abnormal use of the products or of them being stored in poor conditions (which could cause oxidation or evaporation of the product).

Personal area

For any web user to be able to place an order on this site, they must create a personal area. To do this, the member will be asked to supply certain personal information. The member agrees to supply correct information at the risk of the contract being terminated by the site administrator and the customer’s account being deleted.

Some information will be treated as indispensable to the conclusion of the contract and this information must be collected in order to create the personal space and to confirm the conclusion of the contract. Refusal by a member to supply said information will prevent the personal area being created and, thus, the order from being confirmed.

This area allows the customer or member to view all the orders they have placed on the site, and also allows them, if applicable, to monitor the delivery of the ordered goods.

If the data contained in the personal area were to disappear following an unforeseen event, technical breakdown or a force majeure event, the administrator of this site cannot be held responsible, as this information has no evidentiary value; it is merely used for information purposes. The site administrator undertakes, however, to securely store all contractual items, which must be kept according to current laws or regulations.

The pages corresponding to personal areas can be printed without restriction by the holder of the account in question, but they do not under any circumstances constitute evidence; they are only for information purposes and are intended to ensure the customer can manage their orders efficiently.

When creating their personal area, the user is asked to choose a password. This password ensures the confidentiality of the information contained in the "my account" section, and the user is thus prohibited from transferring it to a third party. Otherwise, the site cannot be held responsible for unauthorised access on a user’s account.

The site administrator reserves the exclusive right to delete the account of any member who has breached these general conditions (including but not limited to the following cases: when the member has knowingly supplied incorrect information when registering or when setting up their personal area) or any account that has been inactive for at least a year. This deletion cannot constitute damages for the excluded member, who cannot claim any compensation for this.

This exclusion does not rule out the possibility, for the site administrator, of bringing legal action against the member, when the turn of events so requires.

Provisions on the publication of a public profile

Members have the option to set up a public profile. To do this, members may give certain personal information.
It is expressly understood that the member, by deciding to subscribe to the services offered by the site administrator, and by completing the form to set up their public profile, acknowledges that this data is likely to be published on this site and circulated to all members and visitors, as well as on any other media determined by the site administrator, in compliance with these conditions. The profile may also include a photograph of the member, which will likely allow other members to deduce the ethnic origin of the member, who acknowledges and accepts this unreservedly.

Providing this information and completing the fields of the profile creation form shall constitute the member’s complete acceptance and is an explicit manifestation of their wish to publish said information on this site, and on any other media determined by the site administrator, in accordance with these conditions.

Members are explicitly made aware that they will be able to stop their public profile being visible. To do this, they must request deletion of their member account and termination of the services by following the relevant procedure, which is set out in these general conditions. Any removal of either optional data or the public profile will be effective within three (3) working days of receipt of the request by the site administrator or from the modification of data on the member’s account.

In the absence of a fault which can be directly attributed to the administrator, the latter cannot be held liable for the circulation of this data, irrespective of the detriment alleged by the member who will be, according to the conditions defined above, considered as having expressly requested the circulation of their personal data.

However, the administrator does not guarantee the veracity, probity or honesty of the information given by the members and cannot be liable for any false statements made by a member. The site administrator cannot be held responsible for the use of the Service.

All public profile forms will be subject to prior validation by the site administrator or their team of moderators. There will also be a button on each profile for reporting illicit, illegal content or content which is against public order or good morals.

The member, for any contribution posted on their profile, declares that they are the owner of all associated presented content and that they are free of all rights, or, at the very least, they are considered as having authorisation from the holder of these rights. The member may not publish Content which infringes the intellectual property rights of others and shall ensure that each person represented has given their agreement to the use and circulation of their image. The member releases the Site and its administrator from any potential third-party claims against it due to violation of their Rights or violation of applicable legislation.

The site administrator shall not be held responsible for the originality of the contributions, relying on the good faith of the contributors and due to the obvious difficulty in performing checks of this nature. However, if the team of moderators detects this kind of abuse, the Administrator is authorised to take the necessary deletion or modification steps.

Member contributions

Members have the option of contributing to the content of this site by publishing comments or feedback on their experience of using the products offered by the site administrator, or even on their contractual relationship with the site administrator.

Contributions, in the form of an article or comment, will be subject to validation by the site administrator or its team of moderators.

Contributors are informed that the administrator of the site, represented, if applicable, by the moderators, can choose to publish the article in question on the newsletters of this site and on the sites of all its partners; it is up to the site administrator to mention the pseudonym of the contribution’s author. The author thus waives his/her rights over the content of the contributions, in favour of the administrator of the site, for any circulation or use, even commercial, on the internet, this of course always being done in compliance with the authorship of the writer.

Administrator newsletter

By ticking the relevant box or explicitly giving their permission, members agree that the site administrator can send them, at a frequency and in a format determined by the latter, a newsletter which may include information about its business.
When the user ticks the relevant box, they agree to receive commercial offers from the administrator of this site for products and services similar to those ordered.

Registered members will be able to unsubscribe from the newsletter by clicking on the relevant link, which is included in each newsletter.

Notifications concerning the Computing and Freedom

Web users have the unrestricted option to provide their personal information. It is not necessary to provide personal information to use the site. However, registration on this site involves the administrator collecting certain personal information about web users. Web users who do not wish to give the information required to use the services offered by this site, and, if applicable, to create a personal area, cannot use the services offered by the administrator of this site, or place orders on this site.

When an order is placed on this site, payment information, especially the credit or debit card number and its use for commercial identification, is subject to the consent of the person concerned, which the person can provide on the various forms on the site.

The data gathered is necessary for the proper administration of the services offered on this site and for it to meet the contractual obligations of the administrator. This data is stored by the administrator in this sole capacity, and the administrator agrees not to use it for other purposes, or transfer it to third parties without the express agreement of users or in situations where it is permitted by law.

The contact details of all users registered on this site are kept for ten years - this period is necessary for the proper administration of the site and the normal use of the data. This data is kept under secure conditions, according to usual industry practice, in accordance with the Computing and Freedom Law of 6 January 1978.

In accordance with this law, users have a right of opposition, interrogation, access and rectification over the data they have supplied. To assert these rights, users must make a request to the administrator of this site, by sending an e-mail to contact@pirate-parfum.com, or by writing to the administrator’s registered offices, the address for which appears at the top of these general conditions.
The personal data collected will be processed by computer and will be reserved solely for the administrator of the site.

The person responsible for processing the data is PIN SA, whose contact details appear at the top of these general conditions.

The personal data collected will not be transferred outside the European Union.

Furthermore, the administrator reserves the right to collect the public IP (Internet Protocol) addresses of all web users. IP addresses will be collected anonymously, and will be kept for the same length of time as personal information. IP addresses are only collected to allow the proper administration of the services offered on this site. The IP address corresponds to a series of digits separated by a full stop and is the unique identifier for a computer on the Internet.

The site administrator must pass all personal data relating to a web user to the Police (upon legal requisition) or to any person (if ordered to do so by a judge). The IP address of your computer could be used to match the identity of the subscriber, as stored by the ISP (internet service provider).

Notification on the data collected by cookies

To give all web users the best possible browsing experience on this site and so that the various interfaces and applications can work better, the site administrator may place cookies on the user’s terminal. This cookie stores information about navigation on the site (date, page, times), as well as any data entered by web users while they are on the site (searches, login, email, password). These cookies may be stored on a web user’s terminal for variable lengths of time up to two months, and can be read and used by the site administrator during subsequent visits to the site by the web user.

The user has the option to block, change the storage time, or delete this cookie using the browser interface (usually: tools or options/privacy or confidentiality). If this is done, browsing on this site is not optimised. If the systematic deactivation of cookies on the web user’s browser prevents him/her using certain services or functions provided by the site administrator, this malfunctioning shall not constitute damages for the member, nor can the member claim compensation as a result.

Web users also have the option of deleting cookies previously stored on their computer, by going to the relevant menu in their browser (usually, tools or options/privacy or confidentiality). Doing so has no effect on their use of this site, but users will lose all the advantages of having this cookie. In any case, they will have to re-enter all their information.

Site administrator’s disclaimer

If it is not possible to access the site due to technical or any other problems, customers will not be able to cite damages and will not be able to claim any compensation.

If a parcel is delivered which is manifestly and visibly damaged, the customer is responsible for refusing it in order to take advantage of the carrier’s guarantee. The customer must also notify the seller of this situation without delay, so that a new package can be prepared, then shipped once the returned damaged package has been received. In this case, the delivery times shown above in these general conditions shall no longer apply.

The unavailability, even prolonged and without any limit of duration, of one or more products, may not constitute damages for web users and cannot under any circumstances result in compensation being paid by the site or its administrator.

The site administrator guarantees that the visual representations of the products published on this site are perfectly consistent with reality, to meet its accurate information obligation. However, the current state of technology means that the rendering of these representations, particularly in terms of colour or shape, may vary noticeably from one terminal to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the resolution of the display. These variations and differences cannot under any circumstances be attributed to the administrator, whose liability cannot under any circumstances be engaged as a result.

The site administrator agrees to obey all current applicable provisions in France and cannot be held responsible for failure to adhere to current regulations and legislation in other countries.
Customers are unreservedly responsible for using the products in accordance with their directions for use and acknowledge that perfumes are products with a use-by date. The risks linked to the use of these products are mentioned on the site and on the product, and, if applicable, on the product directions. By signing these general conditions, buyers state that they have been fully informed of all the risks, even extraordinary ones, relating to the products being sold. In the event of an undesirable effect which is not mentioned either on this site, on the packaging or on the product directions, the consumer is asked to notify their doctor, the manufacturer of said product or the French agency for the safety of health products (agence française de sécurité sanitaire des produits de santé).
In accordance with article 1386-15 of the civil Code, the site administrator accepts no liability from professionals for damage caused to property which is not used by the victim mainly for their use or their private consumption.

The hypertext links on this site may lead to other websites and the administrator of this site cannot be held liable if the content of these sites breaches current legislation. Likewise, the administrator of this site cannot be held responsible if visiting one of these sites results in damages for the web user.

Intellectual property rights over information published on this site

All information comprising this site belongs to the administrator and is thus protected by intellectual property legislation.

Therefore, web users acknowledge that, in the absence of authorisation, any complete or partial copying or any circulation or use of one or more of these pieces of information, even modified, is likely to result in legal action by the site administrator.

This protection covers all textual and graphic content of the site, but also its structure, name and graphics standards.

Modification

These general conditions may be modified at any time by the administrator of the site or their representative. The general conditions applicable to the user are those in force on the day their order is placed or on the day they log on to this site. The administrator of course undertakes to keep all their former general conditions and send them to any user who requests them.

Applicable law and jurisdiction

These general conditions are subject to Luxembourgish law.

Unless public policy provisions state otherwise, any disputes which may arise in the performance of these general conditions may, before any legal action is brought, be submitted to the administrator of the site for assessment in an attempt to reach an amicable agreement. Amicable agreement requests do not affect the time limits for bringing legal proceedings.

Nullity and non-waiver

If one of the clauses in these general conditions is declared null and void as a result of a legal decision, this does not automatically render the other clauses null and void; they shall continue to have legal effect.

If the site administrator does not cite temporarily or permanently one or more clauses of these general conditions, this shall not, under any circumstances, entail a waiver of the option to cite one of the other general conditions.