General Terms and Conditions of Sale

Preamble

The General Terms and Conditions of Sale applicable are those in force on the day the order is approved.
They apply without restriction or reservation to all sales concluded by NOVI with non-professional buyers for strictly personal use, wishing to acquire the products offered for sale by NOVI on its commercial site, www.lessenteursgourmandes.fr, published by NOVI, a simplified joint-stock company with capital of 33,500,000 euros, registered with the Périgueux Trade and Companies Register under number 311 889 877, whose head office is located at 1 rue des Lys Parc d’activités Astier Val CS 30040 24110 SAINT ASTIER, FRANCE. These conditions apply to the exclusion of all other conditions, in particular those applicable to in-store sales. They can be accessed at any time on this commercial site and will prevail, where applicable, over any other version or any other contradictory document.
Any order for products on the commercial site implies consultation and express acceptance, prior to any purchase, of these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use, without this acceptance being conditional on a handwritten signature by the Customer.
Delivery of orders is possible in Metropolitan France (including Corsica), excluding addresses located within an army building. Product offers are subject to availability. Information on product availability is provided in the product description.
For the purposes of this document, the NOVI company will be referred to as NOVI.

I. Purpose

The purpose of these General Terms and Conditions of Sale is, on the one hand, to inform any potential customer of the terms and conditions under which NOVI carries out the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by NOVI to the consumer, on the commercial site www.lessenteursgourmandes.fr.

II. Products

In accordance with Article L. 111-1 of the French Consumer Code, NOVI will communicate to the Customer the essential characteristics of the product(s) the Customer wishes to order in a legible and comprehensible manner prior to the order. NOVI may modify at any time the assortment of products offered for sale on its commercial site, depending in particular on the constraints of its suppliers.

To obtain additional information on a product, the Customer may contact the Customer Service Department of the commercial site www. lessenteursgourmandes.fr on 05.57.54.46.82 during the opening hours indicated in the “Contact Us” section of the commercial site www. lessenteursgourmandes.fr, as well as at the following address: contact@lessenteursgourmandes.fr.

Product availability is indicated on each product sheet.

In the event of product unavailability after the order has been placed, the Customer will be informed by e-mail within a maximum of 8 days, and the waiting period will be specified. The Customer may, if he/she wishes, cancel the order by sending a written request to Customer Service. Reimbursement will be made within a maximum of 14 days of cancellation.

Our products are intended for sale through selective distribution networks. Consequently, it is forbidden to resell these products outside approved networks, particularly on the Internet.

III. How to order

All orders are subject to full acceptance of these General Terms and Conditions of Sale. The Customer will be asked to approve them before any purchase. Before placing an order, the Customer is informed of the payment methods accepted. It is then up to the Customer to select the products he/she wishes to order on the commercial site. He/she chooses the universe or brand, then the exact product by adding it to the basket. The quantity of products can be modified at any time in the “My Basket” tab. In order to make a purchase, all Customers must first complete the identification phase, whether they are new customers or already registered. Once the order is complete, a summary will be displayed, listing the essential characteristics of the products selected, which the Customer must approve or modify if desired.
Product packaging is chosen by NOVI to optimise packaging and shipping. Finally, the Customer chooses his or her billing and delivery address, and is informed of the terms and conditions of delivery, as well as his or her right of withdrawal and the related terms and conditions. At the time of ordering and before any purchase, the Customer must click on the “I order and pay” button. By clicking on this button, the order is definitively confirmed, the Customer declares acceptance of the order in its entirety, and the order becomes irrevocable. The Customer then communicates his/her payment details, and NOVI definitively registers the order, simultaneously sending an order preparation order. As soon as the order is registered, a detailed acknowledgement of receipt, the electronic ticket or order confirmation, is sent to the Customer’s email address, subject to the validity of the email address provided by the Customer, failing which NOVI cannot be held responsible in the event of non-receipt of said confirmation email. This document states the exact amount invoiced, the terms of the right of withdrawal and the form associated with the right of withdrawal, as defined in Article L.221-5 of the French Consumer Code, as well as the terms of delivery of the order. The Customer’s bank account will be debited when the carrier picks up the parcel. NOVI recommends that the Customer should keep all information communicated to him/her on paper or by computer.
As purchases made on the www.lessenteursgourmandes.fr website are reserved for non-professional buyers and for strictly personal use, NOVI reserves the right to cancel an order if the quantity of products purchased or an abnormal flow of orders to the same delivery or billing address suggests that the order does not meet these criteria.

IV. Rates

The prices of products sold online on the commercial site www. Lessenteursgourmandes.fr, indicated in euros (€), are those in effect at the time the Customer views the product before placing the order. NOVI reserves the right to modify prices at any time, but products will be invoiced on the basis of the prices in effect at the time the order is approved. Prices do not include shipping costs, which are invoiced in addition to the price of the products purchased by the Customer. They will be indicated before the order is registered. Prices include the value-added tax (VAT) applicable on the day of the order, and any change in the applicable rate will be automatically reflected in the price of products sold by NOVI on its commercial site.

V. Payment

The price of the products purchased is indicated on the order confirmation.

All orders are subject to payment.
Payment is made by the Customer using credit card or Paypal.

Payment by credit card:
Payment by credit card is made using the Banque Populaire Occitane’s secure “Systempay” payment system. Payment security is based on Customer authentication and data confidentiality. To ensure this security, “Systempay” uses proven cryptographic techniques and complies with the various banking regulations applicable in France.

In order to secure payment, the Customer may be asked to provide additional information relating to the 3D Secure service. All data entered by the Customer when paying by credit card is immediately encrypted using SSL (Secure Socket Layer) protocol and stored on the “Systempay” server.

A customer’s order will only be considered effective once the payment centre has given its approval. In the event of refusal by Systempay of Banque Populaire Occitane, the order will be automatically cancelled. www.lessenteursgourmandes.fr will notify the Customer by e-mail.

The Customer has the option of having his or her credit card details recorded by our service provider “Systempay” in order to facilitate payment for future orders. In order to protect the Customer against any intrusion, credit card numbers are processed by “Systempay” and are not stored on NOVI’s computer servers. Only a sample of the information is retained to enable the Customer to identify his or her card. The credit cards accepted on the commercial site www. lessenteursgourmandes.fr are cards from the European Union and of the following type: Carte bleu / Visa / Mastercard.

Payment by Paypal:

Payment by PayPal is made via the secure PayPal website, to which the Customer will be redirected when the order is approved. If the Customer does not have a PayPal account, he/she will need to register before being able to make payment directly on the aforementioned site. Once payment has been approved, the order will be processed by NOVI. NOVI reserves the right to request payment in advance from a Customer with whom there has been a payment default on a previous order.
For payments made by PayPal, NOVI does not, at any time, have access to its Customers’ banking information. Certain personal data collected will be transmitted to Paypal to enable payment of the order, in accordance with NOVI’s personal data management policy, which can be consulted by clicking on the following link:

The payment options, in 1 or more instalments, granted by PayPal are governed by PayPal’s general terms and conditions and confidentiality policy, which can be accessed by clicking here. The Customer declares that he/she has read and accepted them.

VI. Delivery

The products purchased will be delivered exclusively in mainland France, including Corsica, excluding addresses located in army buildings, within an average of 2 to 3 working days from receipt of payment, by Colissimo solutions to the address indicated by the Customer when placing the order on the commercial site, or to the address of a relay point.

In any case, delivery cannot be made more than thirty days after receipt of payment for the order.

Our terms of delivery:

Delivery is free of charge for all orders of 40 euros or more including VAT.

• Home delivery:
  Delivery will be made to the address indicated by the Customer. NOVI declines all responsibility in the event of an error in the delivery address provided at the time of ordering. Upon delivery, the parcel will be handed over to the Customer or the recipient of the order by the carrier. In the event of absence, a delivery notice will be left by the carrier and the parcel will be directed to a post office or a “point relais” (relay point) where appropriate. If the parcel is not collected by the Customer or the recipient of the order within the time period mentioned on the delivery notice, it will automatically be returned to NOVI by La Poste.
  In this case, the Customer will be reimbursed for the amount of the order not received, less delivery costs, using the same means of payment as for the purchase, within a maximum of 14 days from receipt at our premises.

• Delivery to relay point:

Customers may choose to have their order delivered to a Colissimo relay point. In this case, the order will first be paid for on the www.lessenteursgourmandes.fr website, and then the parcel will be delivered by carrier within 2 to 3 working days. If the parcel is not collected by the Customer or the recipient of the order within the period mentioned in the e-mail, it will automatically be returned to NOVI by La Poste.
The Customer or the recipient of the order is informed by e-mail and/or SMS (text message) of the delivery of their parcel to the previously chosen relay point. To pick up their parcel, they must go to the relay point with proof of identity and their delivery number, which they received by e-mail when the order was shipped. When collecting the parcel, the Customer or recipient of the order must sign a document certifying that the parcel has been delivered personally. In the event of another person picking up the parcel, they must bring proof of identity, the delivery number and a letter of discharge from the Internet user who placed the order (billing address details).

If the parcel is not collected within the specified time, it will be returned to NOVI. The Customer will be reimbursed for the amount of the order using the same means of payment as for the purchase, within a maximum period of 14 days from the date of receipt at our premises.

VII. Receipt of products

• Home delivery:

In the event of any anomaly noted on the parcel in the presence of the carrier’s representative, the Customer or the recipient of the order may refuse delivery. In this case, the Customer is invited to report the anomaly to LES SENTEURS GOURMANDES Customer Service. In this case, the Customer may choose between a refund or the receipt of a new parcel. In the event of a refund, the amount will be equal to the total amount of the products, including delivery costs.

• Delivery to relay point:

In the event of an anomaly noted on the parcel when it is collected from the relay point, the Customer or the recipient of the order may refuse the parcel by notifying the person in charge or his/her representative. They are then invited to report their refusal to LES SENTEURS GOURMANDES Customer Service. In this case, the Customer may choose between a refund or the receipt of a new parcel. In the event of a refund, this will be for the total amount of the products, including delivery costs.

VIII. Product returns

If a product does not conform to the order, or if it is damaged or defective, the Customer is invited to contact LES SENTEURS GOURMANDES Customer Service. Depending on the Customer’s wishes, the return may be reimbursed or a new parcel sent. In order to facilitate the process, the Customer is invited to follow the procedure indicated by LES SENTEURS GOURMANDES Customer Service. Please note that the product must be complete and intact in its original packaging, with the seal intact, in a condition to be marketed again and accompanied by all accessories (including gifts).

If the Customer chooses to be reimbursed, the amount of the reimbursement will be equal to the amount of the product(s) returned, including shipping costs if the order is returned in its entirety. NOVI is responsible for return shipping costs.

Refunds are processed within a maximum of 14 days from the date of receipt of the product on our premises or from the date on which the Customer provides proof of shipment of the product. Refunds are made by the same means of payment as for the purchase. For further information, the Customer may contact LES SENTEURS GOURMANDES Customer Service.

IX. Right of withdrawal

• Right of withdrawal for products (excluding e-gift cards):

In accordance with the provisions of Article L 221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen days from the date of receipt of the order by himself, or a third party other than the carrier and designated by the Customer, to return it without having to justify his reasons. To facilitate the exercise of his right of withdrawal, the Customer is invited to inform us of his withdrawal by any means, with an unambiguous statement (for example, letter sent by post or e-mail) to NOVI SAS, Customer Service LES SENTEURS GOURMANDES, 12 rue Condorcet, 33152 CENON, and to contact Customer Service on 05.57.54.39.00 or fill in the withdrawal form attached to the confirmation of his order by clicking here. If the entire order is returned to us, the reimbursement will be for the total amount of the product(s) and the initial delivery costs. The Customer will be reimbursed for the cost of standard delivery, even if the Customer has chosen express delivery. Return shipping costs are the sole responsibility of the Customer.

If only part of the order is returned, the Customer will be refunded the price of the returned product(s). The initial delivery costs will not be refunded and the return costs will be borne by the Customer.

Refunds are processed within a maximum of 14 days from the date on which the Customer informs us of his/her decision to withdraw. However, refunds may be deferred until we have received the products at our premises or the Customer has provided us with proof of shipment of the products. Each returned product must be complete and intact in its original packaging, accompanied by all accessories (including gifts). For reasons of hygiene and health protection, the Customer has no right of withdrawal for cosmetic products that have been unsealed. Return shipping costs are the sole responsibility of the Customer.

X. Liability

The products offered comply with current French legislation. NOVI may not be held responsible for non-compliance with the legislation of the country where the product is to be used. It is the Customer’s responsibility to check with the local authorities of the country in which he/she resides, in order to verify the possibility of using the product(s) ordered.

XI. Guarantees

The Customer benefits from the legal guarantees of conformity of the goods to the contract (Art. L217-3 et seq. of the French Consumer Code) and for hidden defects (Art. 1641 to 1649 of the French Civil Code), enabling him/her to return products delivered that do not conform or are defective.

« Article L217-3 of the French Consumer Code

The seller delivers a good that conforms to the contract as well as to the criteria set out in Article L. 217-5.

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery […].

Article L217-4 of the French Consumer Code

The good conforms to the contract if it meets in particular, where applicable, the following criteria:

1) It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2) It is fit for any special purpose sought by the consumer, made known to the seller no later than the time of conclusion of the contract and accepted by the latter; […]

ArticleL217-5 of the French Consumer Code

I.- In addition to the criteria of conformity to the contract, the good conforms if it meets the following criteria:

1) It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2) Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract; […]

Article 1641 of the Civil Code:

The Seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the Buyer would not have acquired it, or would have given only a lesser price for it, had he known of them.

Article 1648 paragraph 1 of the Civil Code:

Any action resulting from critical defects must be brought by the purchaser within two years of the discovery of the defect.”

NOVI draws the Customer’s attention to the fact that:

• The Customer has a period of 2 years from delivery of the goods to take action.
• In the event of product non-conformity, the Customer may, in accordance with Article L217-8 of the French Consumer Code, choose between replacement with the same product (or an equivalent product) or repair, unless the cost of either choice is manifestly excessive.
• The Customer does not need to prove the existence of a lack of conformity for 24 (twenty-four) months following delivery of the goods.
• The legal guarantee of conformity applies independently of any commercial guarantee granted to the Customer.
• In the event of hidden defects in the product, the Customer may decide to invoke the guarantee provided for in Article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

XII. Transfer of ownership

The transfer of ownership of the products sold, to the benefit of the Customer, will only take place after full payment of the price by the latter. The use of the Customer’s login and password will attest to the Customer’s identity. In the case of payment by credit card, the provision of the credit card number, the confidential code and the final validation of the order will constitute proof of acceptance of the order.

XIII. Personal data and cookies

The Customer is invited to consult the dedicated page: Personal data and cookie management policy, which is intended to provide information on the management of personal data and cookies used within the framework of the commercial site, www. lessenteursgourmandes.fr.

Some of the Customer’s personal data may be communicated to NOVI’s service providers when this is necessary to provide the Customer with the requested service. These include our payment service providers Systempay and PayPal.

The Customer is also informed of the existence of the “Bloctel” telephone anti-solicitation list, on which he/she can register by clicking here: https://www.bloctel.gouv.fr/

XIV. Intellectual property

This site and all its elements, as well as their compilation and formatting, are the property of NOVI. The Customer is therefore prohibited from distributing or reproducing the commercial site, in whole or in part, or in any form whatsoever. NOVI is the owner of the LES SENTEURS GOURMANDES brand, which is properly registered with the INPI, and reserves the right to claim damages and any other form of recourse in the event of infringement, in any form whatsoever, of its intellectual property rights.

1. Capacity

Prior to placing an order, the Customer acknowledges that he/she has full legal capacity to enter into a commitment hereunder. In the event that an order is placed by a person who does not have said legal capacity, the order will be maintained and must be honoured by the legal representatives of the incapable person, who undertake to do so.

XVI. Complaints

NOVI will do everything in its power to satisfy the Customer. LES SENTEURS GOURMANDES Customer Service is at the disposal of the Customer to provide information and deal with any complaints:
By post: 12 rue Condorcet – CS 40008 – 33152 CENON cedex, FRANCE.
By e-mail: contact@lessenteursgourmandes.fr

By phone: +33 (0)5.57.54.39.00

NOVI is a member of Médiation Franchise-Consommateurs (MFC) – Fédération Française de la Franchise – 29 boulevard de Courcelles- 75008 Paris) – Website: https: //www.mediation-franchise.com/.

The Customer may have recourse to the mediation service for consumer disputes relating to a purchase made on the www.lessenteursgourmandes.fr website.

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing (by registered letter) to LES SENTEURS GOURMANDES Customer Service (12 rue Condorcet – CS 40008 – 33152 CENON cedex) before any request for mediation. If you are not satisfied with the response provided by Customer Services, 21 days after sending a registered letter, you may refer the matter to the Commission de Médiation Franchise Consommateurs either (i) by sending your file to the following address: https ://www.mediation-franchise.com “, or (ii) by writing on plain paper or by sending the complaint form that you will find on the website https://www.mediation-franchise.com/ to: Médiation Franchise-Consommateurs, 29 boulevard de Courcelles, 75008 Paris, or (iii) by e-mail to mediation-franchise-consommateurs@franchise-fff.com

NOVI also informs you that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform which can be accessed at the following link: https: //webgate.ec.europa.eu/odr/

XVII. Compliance with the AGEC Act

In compliance with the French AGEC law (recycling and combating food waste), NOVI is a member of an eco-organisation enabling it to declare and pay an eco-contribution on its household packaging (unique number: FR213089-01WMSU) and graphic paper (FR232389-03HTLT).

XVIII. Applicable law – Language

This contract is subject to French law. The language of this contract is French.

APPENDIX 1: Model withdrawal form

If you wish to withdraw from an order of products, please complete and return this form with the products:

To NOVI SAS – 1 rue des Lys Parc d’Activités Astier Val CS 30040, Saint Astier (24110) FRANCE or contact@lessenteursgourmandes.fr

I / we the undersigned*,

First and last name:……………………………………………………………………………

Address:……………………………………………………………………………………..

Hereby notify you/us* of my/our* withdrawal from the contract for the sale of the good(s) relating to the order listed below:

Order number:………………………………………………….

Ordered on:……………………………………………………………

Received on:…………………………………………………………………….

Signature(s)

Executed at:……………………………………………………………

On:……………………………………………………….