CGV

1. CONTRACT FORMATION & LEGAL NOTICES

The purchase contract is concluded with KIIN SAS under the SUPERFUMISTA® brand. KIIN SAS, with a capital of €1000, headquartered at 14 bis rue juillet 75020 – Paris, France, registered at the Paris Commercial Court under SIREN Number: 903 458 172 and Intra-community VAT Number: FR 903 458 172

Email: contact@kiinparfums.com

Publication Director: Benjamin Sachs

The website www.superfumista.com : Infomaniak Network SA, Av. de la Praille 26, 1227 Carouge, Phone (+41) 022 / 820 35 55, Fax (+41) 022 / 820 35 46

SUPERFUMISTA is a trademark registered with the INPI, owned by Benjamin Sachs.

2. APPLICATION OF THE GTC

These General Terms and Conditions of Sale aim, on the one hand, to inform any potential buyer about the conditions and modalities under which the seller (hereinafter "SUPERFUMISTA" or "the seller") proceeds with the sale and delivery of ordered products and, on the other hand, to define the rights and obligations of the parties in the context of the sale of services and products by SUPERFUMISTA to the consumer (hereinafter "the Customer", "the Client" or "the User"). They apply, without restriction or reservation, to all sales of services and products offered by SUPERFUMISTA on its mobile application and in the online store accessible via the website https://superfumista.com/shop/ (hereinafter "the Store").

Consequently, the fact for the Client to order a service or a product offered for sale on the Application or in the SUPERFUMISTA online store implies full and complete acceptance of these General Terms and Conditions of Sale, and the Client acknowledges having been informed of them before validating their order.

SUPERFUMISTA reserves the right to modify these General Terms and Conditions of Sale at any time without notifying the Client. Nevertheless, the General Terms and Conditions of Sale applicable to the purchase made will be those accepted by the Client at the time of placing the order.

3. INFORMATION ON ACCESS TO THE SUPERFUMISTA STORE: WEBSITE AND MOBILE APPLICATION

The SUPERFUMISTA e-commerce mobile Application and the online store via the website https://superfumista.com/shop/ are owned and managed by KIIN SAS.

The Application and the web store are open to all users and are accessible 24/7, except for interruption, scheduled or not, by SUPERFUMISTA or its service providers, for maintenance and/or security purposes or in case of force majeure (as defined hereinafter).

SUPERFUMISTA cannot be held responsible for any damage, of any nature, resulting from the unavailability of the application. SUPERFUMISTA reserves the right to evolve the Application and the web store, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Client may be informed of the changes, but their acceptance is not solicited.

By registering on the application and/or purchasing in the web store, the Client declares and guarantees to SUPERFUMISTA that they are of legal age and have the legal capacity to contract.

4. SERVICES AND PRODUCTS

SUPERFUMISTA offers and sells custom perfume creation journeys that can be used by the client or intended for a third party as a gift.

The created perfumes can be sold in the form of samples or sets on the online store superfumista.com or through distributors.

For any new creation, the Client chooses a Creative journey (Deluxe, Deluxe+ or Premium).

The CLIENT may request via the SUPERFUMISTA mobile application the creation and manufacture of custom perfumes according to their tastes.

The products sold in the SUPERFUMISTA web store are perfumes and perfume sets that appear there subject to available stocks. Perfume refill sets can only be ordered on the application.

5. CREATIVE JOURNEY

The user (buying for themselves or as a gift recipient) will find the ordered creation in the MY PERFUMES section on the web.

In the case of a creation journey ordered through the store, all the description part is done on the application after online purchase by following the instructions described hereinafter.

To create a custom perfume, after describing their project and indicating their wishes regarding the composition of the perfume on the Application, the Client orders a journey (offer) including initial formulation proposals, the possibility to request adjustments for one or more additional formulations, and a set containing the final product, namely their perfume based on the chosen formulation. The type of "Journey" cannot be changed after the order.

If the Client wishes, they can order additional formulations sold on the application from the menu corresponding to their perfume, in order to make their choice among all the formulations and allow the composition of their perfume and then send the product.

At the beginning or at the moment of confirming their order, they can indicate whether the product is intended for them or if the product is a gift intended for a third party. In the case of a gift, when confirming the order, the Client specifies the delivery address of the gift recipient. This address is used to calculate the shipping fees and send the various shipments (formulations, final perfume set).

In the context of a creation ordered as a gift for a third party, the recipient's email address provided by the Client allows SUPERFUMISTA to inform by email the recipient of their gift.

The latter will receive by email a link to download the Application on their smartphone and connect with the email address provided by the Client.

The "invited" third party can describe their perfume project and indicate the desired composition to SUPERFUMISTA.

In the case of a gift prepaid by the Client, the gift recipient can then choose the formulation (initial or additional) they prefer to allow SUPERFUMISTA to compose the perfume and provide the product.

If applicable, the "invited" third party gift recipient can buy additional formulations sold on the application in order to then make their choice among all the formulations, within the allotted time.

To validate their order, the Client must confirm their delivery address so that the product can be shipped to them.

6. PRODUCT AVAILABILITY

(1) Products are offered subject to available stocks (raw materials, caps, ribbon...). SUPERFUMISTA does not guarantee the availability of products presented on the Application. In case of unavailability of one of the products, SUPERFUMISTA commits to inform the client by email of the possible unavailability of a type of cap, a ribbon color, or a raw material and to propose to the Client other available choices. They will thus be offered replacement solutions or the cancellation of their order if these solutions do not suit them.

In case of order cancellation, due to product unavailability, if the client's account has already been debited, SUPERFUMISTA will proceed to refund the amount to the debited account as soon as possible. SUPERFUMISTA cannot be held responsible in case of order cancellation due to stockout.

(2) SUPERFUMISTA is entitled to terminate the contract binding it to the Client in case of non-receipt of the raw materials or in case of receipt of wrong materials, necessary for the composition of the perfume, despite the prior conclusion of the agreement between the two parties. SUPERFUMISTA is obliged to inform the client about the unavailability of the service as soon as possible. All sums already paid by the Client will be refunded immediately after the order cancellation.

(3) In case of stockout, pre-order, or additional time needed to supply the ordered product, SUPERFUMISTA also reserves the right to establish waiting lists for the delivery of its products or to extend the delivery time of its products initially planned. In this case, the Client is debited on their account at the time of the order without being delivered; as soon as restocking or availability of the ordered product, it is then sent to the Client, depending on their position on the waiting list. Waiting times before restocking or supplying the product, indicated to the Client at the time of the order are indicative and not contractual. SUPERFUMISTA commits to inform the Client by email or if it can anticipate this problem, via a screen at the connection on the Application, to propose the registration on a waiting list. Once the order is placed and the Client is registered on this waiting list, the order is not cancellable.

7. PRICES AND PAYMENT METHODS

Prices of products are indicated in euros on the SUPERFUMISTA Application and online store. When definitively validating the order, the price includes the applicable VAT on the day of the order and possible shipping fees.

Prices vary according to delivery methods, type of product, and type of offer and associated service.

SUPERFUMISTA reserves the right to modify shipping fees at any time before the Client validates the order.

The price charged to the Client will be the price indicated during the final payment and the price indicated on the confirmation email. Shipping costs will be specified in the paragraph on Shipping Costs.

On the web store, the Client has the possibility to pay by bank transfer, credit card payment (Credit card, Visa card, Eurocard, Mastercard) via STRIPE, or via PayPal (with the possibility of 4 times without fees beyond 30 euros). The transaction will be conducted securely, in accordance with 3DS standards, and the Client's account will be debited as soon as the order process is completed.

On the mobile application, the Client can pay via STRIPE, a secure 3D Secure platform, authorized to conduct financial transactions by credit card. Personal and financial information is sent to STRIPE servers.

SUPERFUMISTA retains full and complete ownership of the products sold until the full payment of the price, in principal, fees, taxes, and mandatory contributions included.

8. ORDER AND FORMULATION TIME

By validating the payment of the order, the Client accepts without reservation the general terms and conditions of sale of SUPERFUMISTA, as well as the privacy policy.

(1) Each product that the Client wishes to add to the order must be added to the basket. A summary of the total items will be made before proceeding to payment.

(2) To access the services and order products on the SUPERFUMISTA application, the Client must create an account by providing their name, email address, phone number, and delivery address. To order on the website, it is not necessary to create an account.

(3) When placing an order, in order to proceed with the purchase, the Client must enter their email as well as the recipient's email, if applicable, and their phone number on the online store. They must also enter their First Name, Last Name, and verify the delivery address and payment information. As soon as the payment is validated, a confirmation email is sent to the previously provided email address. The Client is advised to keep this document and ensure its good reception by checking their spam box and, in the case of a gift, invite the recipient to check their spam box.

(4) SUPERFUMISTA provides the Client with samples corresponding to various formulations of the "ingredients - raw materials - scents" selected, among which the Client chooses their preference through a dedicated menu on the mobile application. Within the limits of the chosen offer, the Client may possibly request additional formulations. The Client must describe the adjustments desired for each additional formulation so that SUPERFUMISTA can reflect the requested adjustments on the additional formulations that will then be provided to the Client. If the Client wishes for additional formulas beyond those included in the offer they ordered, they can, if they wish, purchase a set of additional formulations for which they will need to indicate the adjustments desired, on the same principle as described above. This additional cost is indicated at the time the client does not wish to choose among all the formulations already included in their journey.

(5) In the context of a custom perfume creation, SUPERFUMISTA informs the Client at the time of the order on the Application, of an indicative deadline of about 3 weeks to compose one or several formulations before sending them to the Client. SUPERFUMISTA reserves the right to extend this deadline beyond what is indicated on the Application, while informing the Client of this extension.

(6) In the context of a custom perfume creation, the information transmitted by the Client to SUPERFUMISTA via the application's mobile forms constitute indications and not a definitive description of the finished product (proposals of formulations or chosen formulation).

SUPERFUMISTA reserves the right to adapt formulations based on the indications provided by the Client during the creation of the perfume on the Application. Indeed, SUPERFUMISTA relies on its knowledge of materials and the art of associating them, on its competence to interpret these indications in order to propose formulations to create the perfume ordered by the client, taking into account the recommendations and regulations in perfumery. Similarly, the functionality allowing the Client to indicate the desired proportions for the selected ingredients has an indicative role, SUPERFUMISTA reserving the right to adapt this wish for the aforementioned reasons.

(7) In the context of the selection of the formulation by the Client following the number of shipments formulations included in the Offer ordered, if the Client does not confirm via the Application the formulation they choose for their perfume, SUPERFUMISTA will not be obliged to provide a perfume to the Client for this order. For a given perfume creation, the Client can indicate on the Application their choice of formulation for this perfume within a deadline of 6 (six) months after the order of the journey. If the Client orders additional formulations, the 6 (six) months period will start from the order of these additional formulations and not from the initial order of the journey.

(8) The duration of creating a custom perfume is about three months minimum and one month maximum for an already existing perfume.

(9) The Client can cancel their order without fees, by contacting SUPERFUMISTA by email at contact@superfumista.com within a maximum of one hour following the validation of the order on the Application or on the website store.

Any cancellation request received by SUPERFUMISTA beyond the cancellation period for any reason whatsoever cannot be accepted.

9. DELIVERY

SUPERFUMISTA delivers in Europe, the United Kingdom, Switzerland, and North America with Colissimo, Chronopost, DHL, or DPD for orders including a set containing a bottle, or by tracked letter, for orders without a bottle or containing samples of less than 5ml each. SUPERFUMISTA delivers its products directly to homes and does not have physical sales points.

The amount of Shipping Fees is calculated according to the weight, destination, and number of shipments included in a creation journey. It is automatically communicated to you at the validation of your basket and is included in the total price to pay for your order. The Product will be delivered to the address indicated by the Client in the form filled out during the Order, on the user's profile.

All the announced deadlines are calculated in working days. SUPERFUMISTA commits to process the Order within thirty days from the day following the validation of the Order (or the formulation). Exceeding the shipping deadline may lead to a cancellation of the order as soon as the initial processing times have been exceeded. For this, it is enough to contact our Customer Service. In the case where you receive the package: refuse it and request the refund of your order from our Customer Service. (You can propose another procedure).

Upon receipt of your return package, we will refund you within 15 days. The indicated deadlines are average deadlines and correspond to the deadlines for processing, preparing, and shipping your order.

9.1 SHIPPING COSTS

Shipping fees are indicated before the payment of the order.

In the context of a custom perfume project, there are no shipping fees for standard orders in mainland France.

For any order with a delivery address outside of France, a line mentioning a "flat shipping fees" is applied and indicated in the summary of the total articles made before proceeding to payment. This "flat shipping fee" covers one to several shipments that occur in the creation of a perfume, including the sending of initial formulations, the possible sending of additional formulations, and the sending of the set containing the perfume. In the case of ordering additional formulations, the shipping costs are included in the purchase price of these additional formulations,

Outside of custom perfume projects, for any order of perfumes from the collection on the store and for any order not exceeding 1 kg, shipping fees are free in mainland France. Beyond and for any delivery in the DOM-TOM and abroad, we apply a "flat shipping fee" depending on the destination (see the detail on the "Cart" and "Check Out" page depending on your destination.

In some countries not members of the European Union, it is possible that the Client may be subject to additional customs and shipping fees. SUPERFUMISTA will not be responsible for the payment of these additional fees and estimates that it is the consumer's responsibility to inquire about the customs fees of the country in which they are located.

9.2 TRANSPORT AND DAMAGES

If the goods are delivered with obvious transport-related damages, the Client must inform the delivery company, here Colissimo, DPD, DHL, Chronopost, or La Poste without delay and contact the SUPERFUMISTA customer service immediately to allow the latter to process claims as soon as possible. Any complaint regarding a delivery-related damage must be made within 3 (three) days following the delivery. Beyond these 3 days, the claim may not be taken into account by SUPERFUMISTA.

9.3 DELIVERY TERMS

Delivery is made to the delivery address indicated by the Client, it being specified that this must be the address of residence of the Client, of a physical person of their choice, or of a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes. The Client must ensure the accuracy and completeness of the data they provide. The Client is required to always update their personal information. In case of error in the wording of the recipient's contact details, SUPERFUMISTA cannot be held responsible for the impossibility of delivering Products.

In case of impossibility to perform the Delivery, the carriers mandated by SUPERFUMISTA strive to find a secure place to deposit the Product. The carriers mandated by SUPERFUMISTA also leave a notice at the delivery address indicating where the Product is and how to proceed to a new Delivery. In case of wrong address or in the absence of withdrawal by the Client, they can contact SUPERFUMISTA or the carrier to organize the re-delivery of their Order to a pickup point. Failing this, the Product is returned to the SUPERFUMISTA warehouse.

In case of return of the products to the SUPERFUMISTA warehouses, no reshipment can be carried out and the Client will be refunded within a reasonable time from the receipt of the merchandise.

SUPERFUMISTA delivers Orders within a maximum principle deadline of 14 (fourteen) working days for a Delivery in Metropolitan France and 20 (twenty) working days for an International Delivery. This deadline is not counted from the date of the order but from the indicative deadline mentioned at the time of the order. This deadline corresponds to the time necessary for SUPERFUMISTA to develop the Client's perfume formulations based on the indications given via the Application. The day after the launch of a new product or a restocking, and throughout the month of December, the Delivery deadline may be increased by 10 (ten) days, given the volume of Orders.

In order for these deadlines to be respected, the Client must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).

SUPERFUMISTA cannot be held responsible for the delay in delivery not due to its fault or justified by a case of force majeure.

10. NO RIGHT OF WITHDRAWAL

In accordance with Article L 221-28-3° of the Consumer Code, the consumer's right of withdrawal cannot be exercised for the supply of goods made according to the consumer's specifications or clearly personalized.

However, as a commercial gesture, SUPERFUMISTA grants cancellation terms specified in Article 9.1 above.

11. LIMITATION OF LIABILITY

SUPERFUMISTA's liability with respect to any Product purchased on the Application or in the website store is strictly limited to the purchase price of that product.

12. LEGAL WARRANTIES

SUPERFUMISTA is obliged to deliver Products in conformity with the contractual provisions. Products are considered to be in conformity with the contractual provisions if the following conditions are met:

i) they must be in accordance with the description and possess the characteristics exposed on the Application;

(ii) they must be suitable for the purposes for which products of this type are generally designed;

(iii) they must meet the criteria of quality and resistance that are generally accepted for products of the same type and that can reasonably be expected.

12.1 APPARENT DEFECT

Furthermore, SUPERFUMISTA guarantees consumers against defects of conformity and hidden defects for Products on sale on the Application under the following conditions: The presence of an apparent defect on a Product must give rise to a claim by email (contact@superfumista.com)) within three working days following the Delivery. Any claim must specify the concerned defect. Failing that, no claim is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unused, with the references of the initial Order and a copy of the claim to the headquarters of SUPERFUMISTA, after sending an email indicating the apparent vice of the Product mentioned above. Cases of apparent defect confirmed by SUPERFUMISTA give rise, depending on the content of the Client's claim, either to the establishment of a credit in favor of the Client, or to the replacement of the Product, or to the simple refund of the Price to the Client within 14 days. In case of non-compliance with the return procedure, no exchange or refund or credit is possible.

12.2 NON-CONFORMITY – HIDDEN DEFECTS

Subject to the validation of a non-conformity or a hidden defect by SUPERFUMISTA or the manufacturer depending on the case, the Client benefits from the legal warranties in the sense of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.

Thus, the Client:

• has a period of two (2) years from the delivery of the Product to act in case of non-conformity of the Product,
• is exempted from providing proof of the existence of the product's lack of conformity during the six (6) months following the delivery of the Product,
• can choose between the repair or replacement of the Product, subject to the cost conditions provided by article L217-9 of the consumer code;

Furthermore, the Client can also implement the legal warranty under the hidden defects of the sold thing, in the sense of articles 1641 and following of the Civil Code. The legal warranty of hidden defects allows the Client, within a period of two years from the discovery of the defect, the refund of a Product that has proven to be unfit for its use.

The warranty of hidden defects allows the Client to be protected against hidden defects of the Product purchased that prevent its use or affect it to such an extent that the Client would not have purchased it.

The Client then has the choice between two options: keep the Product and request a price reduction, or return the Product and request the refund of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these warranties, the Product must be returned, in its original packaging, in its original condition, new, unused, with the references of the initial Order and a copy of the claim to the headquarters of SUPERFUMISTA, after sending an email indicating the reason for the return of the Product.

13. MISCELLANEOUS

13.1 FORCE MAJEURE

In the event of the occurrence of a force majeure event preventing the execution of these GTC, SUPERFUMISTA informs the Client within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt.

In the case of contingencies related to an incapacity or unavailability, the Client may be informed either by an email or by a pop-up window that appears when connecting to the Application.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-out, riot, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, inclement weather, epidemic, blocking of means of transport or supply for whatever reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case independent of the will of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event extends for more than three (3) months, the concerned transaction may be terminated at the request of SUPERFUMISTA or the Client without compensation from either side. The failure to pay by the Client cannot be justified by a case of force majeure.

13.2 PARTIAL INVALIDITY

If one or more provisions of the GTC are declared invalid under a law, a regulation, or a final decision of justice, the other provisions will retain all their force and scope.

13.3 NON-WAIVER

No tolerance, inaction, or inertia of SUPERFUMISTA may be interpreted as a waiver of its rights under these GTC.

14. APPLICABLE LAW – DISPUTES – MEDIATION

These general terms and conditions of sale and the online sales contract are subject to French law.

In case of dispute or claim, it is recommended for the Client to approach the Customer Service to seek and find an amicable solution.

14.1 RÉCLAMATION ET SERVICE CLIENT

The customer service of SUPERFUMISTA is reachable from Monday to Friday from 9 am to 6 pm by email at: contact@superfumista.com or orders@superfumista.com or via the Messenger chat.

14.2 MEDIATION

In accordance with Article L. 612-1 of the Consumer Code, within a period of one year from their written complaint, the consumer, subject to Article L.152-2 of the consumer code, has the opportunity to introduce a request for amicable resolution by way of mediation, with a consumer mediator that you can contact for free. The store and the SUPERFUMISTA application are affiliated with:

SAS MEDIATION SOLUTION
222 chemin de la bergerie 01800 Saint Jean de Niost FRANCE
Email : contact@sasmediationsolution-conso.fr
Site : https://sasmediationsolution-conso.fr

IMPORTANT: Never send the original documents requested to the consumer mediator. Please send photocopies. Never send defective, contentious objects or for refund to the consumer mediator. Please specify your phone number and your email address.

Any dispute relating to the existence, interpretation, execution, or breach of the contract concluded between the "Parties" will, in the absence of an amicable agreement, be under the jurisdiction of the competent courts.

Last update: March 2024