TERMS AND CONDITIONS OF SALE

EDITIONS DE PARFUMS FREDERIC MALLE FRANCE WEBSITE TERMS AND CONDITIONS OF SALE

The following Terms of Sale of sale (“Terms of Sale”) apply to the offer and sale of products either: ( 1) through the Editions de Parfums Frederic Malle France website located at www.fredericmalle.eu (the “Site”); or (2) by phone at +33 1 42 22 02 21 via the customer contact centre of Frederic Malle (the “Customer Service Centre”) from Mondays to Saturdays (12PM - 7PM Paris time) .These Terms of Sale exclusively apply to sales made through the Site or Customer Service Centre. Sales conducted through EDPFM retail boutiques, shop-in-shops or authorized retail partners are not subject to these Terms of Sale.

By ticking the respective boxes during the ordering or account registration processes on the Site, you acknowledge that you have read, understood, and accepted, without limitation or qualification, these Terms of Sale, as well as our Terms of Use and Privacy Policy

1.Identification of the Vendor

2.General Provisions

2.1 To be eligible to purchase products through the Site or the Customer Service Centre customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) have a delivery address within a European Union member state or Switzerland; (c) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (d) hold a valid credit or debit card.

2.2 These Terms of Sale are available in French and in English and shall be governed by French law. Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to expressly accept these Terms of Sale. Customers may save or print these Terms of Sale, which are also available at any time on the Site. These Terms of Sale may be modified at any time.

2.3 The Terms of Sale applicable to an order shall be the ones published on the Site (i) at the time that an order has been placed on your behalf by a Customer Service representative (when the order is placed through the Customer Service Centre) or (ii) at the time the customer places an order (in the case of an order placed through the Site). Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due. For orders placed through the Customer Service Centre, the Terms of Sale applicable to a customer’s order will be sent to the customer by email if they have provided your email address. In any case (and, in particular, for orders placed through the Customer Service and for which a customer has not provided their email address) the main provisions of these Terms of Sale will be printed on the back of the invoice for that order.

3.Products

3.1 Information on products is available on the Site or via the Customer Service Centre and is provided in accordance with French law (or such other laws as may be applicable).

3.2 We will take all reasonable professional care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are accurate, complete, reliable, current, or error-free.

3.3 The products described on the Site, and any samples thereof that we may provide to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that may result in the violation of these Terms of Sale.

4.Prices

4.1 All prices indicated for products available via the Site or the Customer Service Centre are inclusive of VAT at the current rates and are expressed in Euros. Delivery charges are displayed to the customer prior to finalizing an order and will be added to the price of the products and are indicated separately on the order form.

4.2 We regularly verify that all the prices displayed on the Site are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.

4.3 Prices may be modified at any time. Applicable prices shall be the ones published on the Site at the date of placing of an order by customer.

5.Placing an Order

5.1 The customer can navigate freely on the Site without being bound to placing an order. If the customer chooses to do so, the customer will be guided through the process of placing an order by a series of simple instructions on the Site or the Customer Service Centre.

5.2 EDPFM reserves the right to limit the quantity of products that can be ordered by customer in a single purchasing session via the Site or the Customer Service Centre. In any case, order quantities (via the Site or the Customer Service Centre) are limited as follows:

• Customer may purchase no more than six (6) units of an identical product, per individual sales transaction.
• Customer may purchase no more than twelve (12) total units per individual sales transaction.
• Customer may place no more than three (3) orders per day.

5.3 For any order of more than six (6) products, customers must order through the Customer Service Centre and pay via bank transfer with delivery to be initiated only upon receipt of the full payment.

5.4 Customer must click “Add to bag” to place the product selected in the desired quantity in their “Shopping Bag”. Customer may decide to continue shopping for other products and add them to their Shopping Bag or proceed to checkout by clicking the “Proceed to Checkout” button. At any time during shopping customer may review the products in their Shopping Bag by clicking on “Proceed to Checkout”. Customer may remove products from their Shopping Bag by clicking on “Remove” next to the chose product in the Shopping Bag”. Customer may also call the Customer Service Centre and a sales representative will provide the customer with product information and assist the customer with a purchase.

5.5 Customer must follow the onscreen instructions to proceed through the checkout process on the Site. The customer may always correct any errors in data he/she has entered, change the Shopping Bag contents, by adding or removing one or more products from the Shopping Bag, or cancel the entire order during checkout before sending his/her order. Before submitting an order on the Site, the customer will have an opportunity to review and edit all of the details for their order, including billing and shipping information, prior to confirming their purchase. In addition, the customer shall acknowledge and declare that he/she has read all the instructions provided during the checkout process and fully accepts these Terms of Sale, through a confirmation action on the Site (for example, by ticking a box). The customer places an order request for products via the Site by clicking on the [“Place Order”] button at the end of the order process. When ordering via the Customer Service Centre a sales representative will follow the order process on your behalf.

5.6 After an order has been submitted, a submission page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of French law, the email confirming receipt of the order contains a summary of the Terms of Sale, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and on existing commercial warranties.

5.7 If an order confirmation does not arrive within twenty four (24) hours after submission, customer may contact us at +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com for assistance. Please note that we can only assist consumers in English and French.

5.8 If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com. For fastest service, customers should have their order number available. Please note that we can only assist consumers in English and French.

6.Gift-Wrap; Gift Note

6.1 We always take special care of orders. We will be happy to create a beautiful gift package at no additional charge. Packages may be delivered with a EDPFM Box or special packaging depending on their availability. The EDPFM Box or special packaging may be valuable. In case you decide to return a product delivered in a EDPFM Box or special packaging, the product should be returned in its original a EDPFM Box or special packaging.

6.2 If the customer wishes to have his/her order packaged as a gift, he/she must simply click on the “Gift Wrap” option during “Checkout”.

6.3 In case a “Gift Wrap” order request includes more than one product, we will create one gift package for all of them.

6.4 You may personalize your order by adding a complimentary gift note printed by EDPFM containing your message. EDPFM reserves the right to withhold or refuse acceptance of any order for products accompanied by a gift note that contains language that is objectionable or unlawful.

7.Payment Options

7.1 Customers may pay for the products by credit or debit card. EDPFM accepts the following credit and debit cards for payments: Visa, MasterCard and American Express credit cards and through the PayPal platform with a billing address within any European Union Member State or Switzerland. EDPFM also accepts international Visa, MasterCard and American Express credit cards from any EU Member State, provided that your shipping address is within any European Union Member State or Switzerland.

7.2 American Express credit cards cannot be used for sales made through the Customer Service Centre.

7.3 EDPFM will authorize and process your payment when submit your order to purchase products on the Site or through the Customer Service Centre. Your payment card will be charged the applicable purchase price at such time. By submitting your order on the Site or through the Customer Service Centre, you expressly authorize EDPFM to perform such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.

7.4 For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

7.5 All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to EDPFM, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

7.6 If you order through the Customer Service Centre, you will need to communicate to the Customer Service Centre your payment card number and your three digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Subject to your prior consent, your telephone conversation may be monitored or recorded for security reasons or quality assurance purposes. EDPFM will never otherwise store your payment card number and your three- or four- digit security code. Please refer to our Privacy Policy for more details about how and how long we may use or keep your personal information and the conversation recordings.

8.Order Inquirie

8.1 Generally, products are shipped within several days of receipt of an order. For any shipping information customers may contact EDPFM at +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com.

8.2 Customers can check the status of their most recent orders by visiting the “Order History” page under “My Account”. This is the easiest and fastest way to get the most current information regarding customers’ orders.

8.3 When the customer clicks on “Order History” page, he/she will be prompted to log in with his/her email address and password. An order summary page will provide the customer with detailed information about his/her current and past orders. After an order is shipped, the relevant tracking number, if available, will be displayed. Customers can track the delivery status of the order by checking within your “Order History” page.

8.4 Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

• Item(s) not available
• Impossibility in processing payment information
• Cannot deliver to address provided
• Duplicate order was placed
• Cancellation due to a customer request

8.5 If an order is cancelled, the customer will receive an email to explain the reason for the cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, he/she may contact EDPFM at +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com.

9.Delivery

9.1 Orders are processed and delivered on regular business days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday will be processed on the following working day.

9.2 EDPFM only delivers to addresses within the European Union or Switzerland. We are unable to process orders to a P.O Box address or military addresses.

9.3 Shipping charges shall be borne by the customer and are indicated separately on the order form and the delivery note. For our more information regarding shipping charges see our “Delivery” page

9.4 When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for dispatch, EDPFM will send you the confirmation of order by email. You can access a tracking number that will allow you to track the status of your order online by reviewing the “Order History” page under “My Account”.

9.5 EDPFM will use reasonable efforts to meet the delivery times from the set forth on our “Delivery” page

9.6 Saturday and Sunday will not be considered as a regular business day with respect to estimated delivery time. Delivery on Saturday may however be proposed as a service to specific post codes by the Customer Service Centre. Please contact the Customer Service Centre for more information.

9.7 In accordance with Article L.216-1 to L.216-3 of the French Consumer Code (the “Consumer Code”), the products shall be delivered within thirty (30) days from the day following that of the order placement by the customer, unless we notify the customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.

9.8 EDPFM insures each purchase during the time it is in transit until it is delivered to you. We require a signature by a person who has reached the age of majority to confirm your acceptance of each Product delivered, at which point risk and responsibility for your purchased products pass to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by EDPFM and transfer of risk and responsibility to the recipient in the same way as if the product had been delivered to you.

10.Right of Withdrawal

10.1 EDPFM is committed to offering customers the finest fragrance products available. If the customer feels the products they received from EDPFM do not meet this expectation, or the customer has changed their mind about the purchase, pursuant to Article 221-18 of the Consumer Code, the customer has the right to withdraw from the contract, without specifying any reason, within fourteen (14) working days from the date on which you or a third party you name and who is not the carrier has received the products. For orders of several products that are shipped separately, the withdrawal period is fourteen (14) days from the date on which you or a third party you name and who is not the carrier has received the last product for such order. No returns will be accepted after this return period.

10.2 Customers do not have a right to withdraw or exchange any products that have been personalized for reasons other than defects in the products, or incomplete or incorrect delivery. If a personalized product is delivered damaged or is defective, customers should immediately contact EDPFM at +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com

10.3 Pursuant to Article L.221-28 of the Consumer Code, the right to withdraw does not apply when the customer opened the packaging of the products further to delivery and when hygiene or health protection purposes prevent the return of such products.

10.4 To exercise your withdrawal right you have to inform us, prior to the expiration of the withdrawal period, about your decision to withdraw this contract by means of an unequivocal declaration (e.g., by postal letter or email), which must be sent to: EDITIONS DE PARFUMS FREDERIC MALLE, RETURNS DEPARTMENT, 21 Rue Du Mont Thabor, Paris 75001, France, +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com. Your declaration of withdrawal should include your order details, including customer order number, your name and the description of the products which are being returned. For ease of returns, within the order packaging, the customer will find a dispatch note with details of the order together with details of our returns process. If the products listed on the delivery note do not match those contained in your delivery, customer should notify EDPFM immediately by calling +33 1 42 22 02 21 or via email at eshop@editionsdeparfums.com.

10.5 To the extent permitted under applicable law, if the customer returns products for reasons other than defects in the products, or incomplete or incorrect delivery, the customer will be required to arrange and pay for the return of the products to EDPFM. If you are a customer living in Germany, please contact us at +33 1 42 22 02 21 or eshop@editionsdeparfums.com regarding shipping your return.

10.6 If you have exercised your right of withdrawal you must send back the product to the EDPFM Returns Department at the address set forth below without undue delay and, in any event, not later than fourteen (14) days from the day on which you informed us of your withdrawal. Any failure to do so may delay any reimbursement that you may be entitled to receive. This requirement is met if the returned goods are postmarked prior to the expiration of the fourteen (14) day period.

10.7 Products that have been purchased through the Site or the Customer Service Centre may be returned to Returns Department at the following address:

EDITIONS DE PARFUMS FREDERIC MALLE
RETURNS DEPARTMENT
21 Rue Du Mont Thabor
Paris 75001
FRANCE

10.8 It is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt). We cannot be liable for returned products lost in transit. Only merchandise received by the EDPFM Returns Department will be eligible for a refund.

10.9 Products that have been purchased through the Site or the Customer Service Centre cannot be returned to an EDPFM boutique or an authorized EDPFM retail partner.

10.10 The above provisions are only applicable to purchases made through the Site or the Customer Service Centre. Products purchased at an EDPFM boutique will be subject to the return policy of the applicable boutique.

11.Reimbursement

11.1 Upon exercising the right of withdrawal, EDPFM will reimburse the customer the full price of the products within fourteen (14) days of the date of receipt of your unequivocal withdrawal, provided that they are shipped back unused and undamaged and comply with these Terms of Sale. We may withhold reimbursement until you have provided proof that you have shipped back the goods.

11.2 Refunds will only be made in the same method of payment as used by you in the original transaction. We will send to the customer a notification email once the reimbursement has been made. Only a customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund but they may request an exchange in accordance with the Section titled “Exchanges” below.

11.3 The products shall be returned in an unused state and in perfect condition, with all protective materials in place and tags and stickers attached to them subject to quality inspection and functional testing as defined below. You must take reasonable care of the product when examining it. With regard to any deterioration of the product, compensation is only due if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet.

11.4 As to perfumes, the product must not be opened and must be returned in its original packaging (including the EDPFM gift box, if applicable). If the pump of the bottle of the perfume has been initiated, the item will not be accepted for return or exchange.

12.Exchanges

12.1 Customer may exchange a product purchased on the Site or through the Customer Service Centre for another product subject to the same terms as the withdrawal right set out above.

12.2 If a product is returned to the EDPFM Returns Department by the customer for an exchange, the original order will be cancelled and the customer will be entitled to receive a refund of the price difference if the product to be exchanged is more expensive than the desired product or will be charged the price difference if the product to be exchanged is less expensive than the desired product. A new order will be placed in accordance with these Terms of Sale with respect to the exchanged product.

12.3 EDPFM will send an invoice to the customer which specifies the value of the returned product, the price of the product for which the original product has been exchanged and the difference to be paid by customer or the amount that the customer is entitled to receive, as indicated below.

12.4 The new delivery will subject to the shipping costs and delivery times indicated above.

13.Lack of Conformity

In case of lack of conformity of products pursuant to Article L.217-4 to L.217-12 of the Consumer Code, the legal guarantees established by such provisions will apply. The customer has the right to have the products brought into conformity free of charge by repair or replacement. In case of failure of one of the remedies above, the customer has the right to have an appropriate reduction made in the price of the products, or the contract cancelled. The customer waives these rights if it fails to notify us of the lack of conformity within two (2) months of the date on which the customer detected such lack of conformity. We shall be held liable where the lack of conformity becomes apparent within two (2) years as from delivery of the products.

14.Guarantees

14.1 Independently from any commercial guarantee which may apply, we also guarantee the absence of defects in our products pursuant to Articles 1641 to 1648 and 2232 of the Civil Code.Pursuant to Article L.217-15 & seq of the Consumer Code, some of the products sold on the Site may benefit from a commercial guarantee, the duration and conditions of which are specified on the Site. In the event such a guarantee applies, the customer will receive along with the product a written guarantee statement specifying its scope, duration, terms, conditions and address of the guarantor.

14.2 Independently from any commercial guarantee which may apply, we also guarantee the absence of defects in our products pursuant to Articles 1641 to 1648 and 2232 of the Civil Code.

15.Force Majeure

We shall not be liable for the non-performance or partial performance of our obligations under these Terms of Sale in the event of force majeure, as defined by applicable law. In case of force majeure, we will duly inform the customer within five (5) working days of the occurrence of the force majeure event. Further to a delay of one month due to force majeure to deliver the product, we undertake to reimburse the customer the full price of the products as well as delivery costs.

16.Customer Service, Online Dispute Resolution and Mediation

16.1 In case of complaint about a purchase made through the Site or the Customer Service Centre, you may contact us at +33 1 42 22 02 21 or eshop@editionsdeparfums.com.

16.2 According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

16.3 Likewise and pursuant to Article L.611-1 to L.611-3 of the Consumer Code, a customer having placed an order is entitled to (but not required to) refer disputes related to the sale of the products to the following Alternative Dispute Resolution entity, free of charge:

ANM (Association Nationale de la Médiation)
62, Rue Tiquetonne
PARIS
Phone : 0142338103
Website : http://www.anm-mediation.com/

17.Applicable Law and Jurisdiction

17.1 These Terms of Sale are governed by French law and must be interpreted in accordance with French laws.

17.2 Any disputes arising from the interpretation, validity and/or execution of these Terms of Sale shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer.

18.Contacts

For any information and support on products and methods of purchase through the Site the customer may contact us at +33 1 42 22 02 21 (Monday to Saturday; 12PM - 7PM Paris time) or via email ateshop@editionsdeparfums.com or by post to the following address: