General Terms and Conditions of Sale

1. FORMATION OF THE CONTRACT & LEGAL NOTICES

The purchase contract is concluded with KIIN SAS under the name SUPERFUMISTA®. KIIN SAS with capital of €1,000 whose registered office is located at 14 bis rue Juillet 75020 – Paris, France, registered with the Paris Commercial Court under SIREN number: 903 458 172 and intra-community VAT number: FR 903 458 172

E-mail : contact@kiinparfums.com

Director of publication: Benjamin Sachs

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

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

2. APPLICATION OF THE GTC

The purpose of these General Terms and Conditions of Sale is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (hereinafter “SUPERFUMISTA” or “the seller”) proceeds with 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 services and products by SUPERFUMISTA to the consumer (hereinafter and hereinafter “the Customer”, “the Customer” 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/collections (hereinafter “the Boutique”).

Consequently, the fact that the Customer orders 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 Conditions of Sale and the Customer acknowledges having read them before confirming his order.

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

3. INFORMATION ON ACCESSING THE SUPERFUMISTA STORE: WEBSITE AND MOBILE APP

The SUPERFUMISTA e-commerce mobile application as well as the online store via the website https://superfumista.com/collections/ belong to and are managed by KIIN SAS.

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

SUPERFUMISTA cannot be held liable for any damages, regardless of their nature, resulting from the unavailability of the Application. SUPERFUMISTA reserves the right to modify 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 Customer may be informed of the modifications, but their acceptance is not requested.

By registering on the application and/or purchasing from the web store, the Customer declares and guarantees to SUPERFUMISTA that he/she is of legal age and has the legal capacity to enter into a contract.

4. SERVICES AND PRODUCTS

SUPERFUMISTA offers and sells tailor-made perfume creation journeys that can be used by the customer or intended for a third party as a gift.

The fragrances created can be sold as samples or as a set on the online store superfumista.com or through distributors.

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

The CUSTOMER can request the creation and manufacture of tailor-made perfumes according to their tastes via the SUPERFUMISTA mobile application.

The products sold in the SUPERFUMISTA web store are perfumes and perfume sets, which are available while stocks last. Perfume refill sets can only be ordered through the app.

5. CREATION JOURNEY

The user (purchasing for himself or receiving a gift) will find the creation ordered on the web in the MY PERFUMES section.

In the case of a creation course order made via the store, the entire description section is done on the application after online purchase by following the instructions described below.

To create a custom perfume, after describing their project and indicating their wishes regarding the composition of the perfume on the Application, the Customer orders a course (offer) including initial formulation proposals, the possibility of requesting adjustments for one or more additional formulations and a box containing the final product, namely its perfume based on the formulation of its choice. The “Course” type cannot be changed after ordering .

If the Customer wishes, he/she can order additional formulations sold on the application from the menu corresponding to his/her perfume, in order to make his/her choice from all the formulations and allow the composition of his/her perfume then the sending of the product.

At the beginning or when confirming the order, the Customer may indicate whether the product is intended for them or whether it is a gift intended for a third party. In the case of a gift, when confirming the order, the Customer specifies the delivery address of the gift recipient. This address is used to calculate shipping costs and dispatch the various shipments (formulations, final perfume box).

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

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

The “invited” third party will be able to describe their perfume project and indicate the desired composition to SUPERFUMISTA.

As part of a gift prepaid by the Customer, the recipient of the gift can then choose the formulation (initial or additional) that he prefers in order to allow SUPERFUMISTA to compose the perfume and supply the product.

If applicable, the "invited" third party receiving the gift may purchase additional formulations sold on the application in order to then choose from all the formulations, within the allotted time.

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

6. PRODUCT AVAILABILITY

(1) Products are offered within the limits of available stocks (raw materials, caps, ribbon, etc.). SUPERFUMISTA does not guarantee the availability of the products presented on the Application. In the event of unavailability of one of the products, SUPERFUMISTA undertakes to inform the customer by email of the possible unavailability of a type of cap, a color of ribbon or a raw material and to offer the Customer other available choices. The Customer will thus be offered replacement solutions or the cancellation of their order if these solutions do not suit them.

In the event of cancellation of the order due to unavailability of the product, if the customer's account has already been debited, SUPERFUMISTA will refund the amount to the debited account as soon as possible. SUPERFUMISTA cannot be held responsible in the event of cancellation of an order due to out of stock.

(2) SUPERFUMISTA is entitled to terminate the contract with the Customer in the event of non-receipt of raw materials or in the event of receipt of incorrect materials required for the composition of the perfume, despite the prior conclusion of the agreement between the two parties. SUPERFUMISTA is required to inform the Customer of the unavailability of the service as soon as possible. All amounts already paid by the Customer will be refunded immediately after cancellation of the order.

(3) In the event of a stock shortage, pre-order or additional time required to supply the ordered product, SUPERFUMISTA also reserves the right to establish customer waiting lists for the delivery of its products or to extend the delivery time of its products initially planned. In this case, the Customer is debited from his account at the time of the order without being delivered; as soon as the ordered product is restocked or available, it is then sent to the Customer, depending on its position on the waiting list. The waiting times before restocking or supply of the product, indicated to the Customer at the time of the order, are indicative and not contractual. SUPERFUMISTA undertakes to inform the Customer by email or, if it can anticipate this problem, via a screen when logging into the Application, in order to offer registration on a waiting list. Once the order has been placed and the Customer has been registered on this waiting list, the order cannot be canceled.

7. PRICE AND MODALITY OF PAYMENT

Product prices are listed in euros on the SUPERFUMISTA App and online store. When the order is finally confirmed, the price includes the VAT applicable on the day of the order and any possible delivery charges.

Prices vary depending on delivery methods, product type and the type of associated offer and service.

SUPERFUMISTA reserves the right to modify the delivery costs at any time before the Customer confirms the order.

The price charged to the Customer will be the price indicated at the time of final payment and the price indicated in the confirmation email. Shipping costs will be specified in the paragraph on Shipping costs .

On the web store, the Customer has the option to pay by bank transfer, credit card payment (Bleue, Visa, Eurocard, Mastercard) via STRIPE, or via PayPal (with the possibility of 4 interest-free installments over 30 euros). The transaction will be carried out securely, in accordance with 3DS standards, and the Customer's account will be debited as soon as the order process is complete.

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

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

8. ORDER AND FORMULATION DEADLINES

By confirming payment for the order, the Customer unreservedly accepts SUPERFUMISTA's general terms and conditions of sale, as well as the confidentiality policy.

(1) Each product that the Customer wishes to add to the order must be added to the shopping cart. 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 Customer must create an account by providing their name, email address, telephone 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 continue the purchase, the Customer must provide their email address as well as that of the gift recipient, if applicable, and their telephone number on the online store. They must also provide their Last Name, First Name, and check the delivery address and payment information. As soon as the payment is validated, a confirmation email is sent to the email address provided beforehand. The Customer is recommended to keep this document and ensure its proper receipt by checking their spam box and, in the case of a gift, to invite the recipient to check their spam box.

(4) As part of a custom perfume creation, SUPERFUMISTA provides the Customer with samples corresponding to various formulations of the selected “ingredients – raw materials – scents”, from which the Customer chooses the one he prefers and indicates this preference via a dedicated menu on the mobile application. Within the limit of the chosen offer, the Customer may possibly request additional formulations. The Customer must describe the desired adjustments for each additional formulation so that SUPERFUMISTA is able to pass on the requested adjustments to the additional formulations which will then be provided to the Customer. If the Customer again wishes additional formulas beyond those provided for in the offer he has ordered, he may, if he wishes, purchase a set of additional formulations for which he will have to indicate the desired adjustments, on the same principle as described above. This additional cost is indicated at the time when the customer does not wish to choose from all the formulations already included in his journey.

(5) In the context of a custom perfume creation, SUPERFUMISTA informs the Customer when ordering on the Application, of an indicative period of approximately 3 weeks to compose one or more formulations before sending to the Customer. SUPERFUMISTA reserves the right to extend this period beyond what is indicated on the Application, while informing the Customer of the extension of this period.

(6) In the context of creating a custom perfume, the information transmitted by the Customer to SUPERFUMISTA via the mobile application forms constitutes indications and not a definitive description of the finished product (proposed formulations or chosen formulation).

SUPERFUMISTA reserves the right to adapt the formulations based on the information provided by the Customer when creating the perfume on the Application. Indeed, SUPERFUMISTA relies on its knowledge of materials and the art of combining them, on its skill in interpreting these indications in order to propose formulations to create the perfume ordered by the customer, taking into account the recommendations and regulations in perfumery. Similarly, the functionality allowing the Customer to enter the desired proportions for the selected ingredients has an indicative role, SUPERFUMISTA reserves the right to adapt this wish based on the aforementioned reasons.

(7) In the context of the selection of the formulation by the Customer following the sending or sendings of formulations included in the ordered Offer, if the Customer does not confirm via the Application the formulation he chooses for his perfume, SUPERFUMISTA will not be required to provide a perfume to the Customer for this order. For a given perfume creation, the Customer may indicate on the Application his choice of formulation for this perfume within the limit of a period of 6 (six) months after ordering the course. If the Customer orders additional formulations, the period of 6 (six) months will start from the order of these additional formulations and not from the initial order of the course.

(8) The duration of creation of a custom perfume is approximately three months minimum and one month maximum for the production of an existing perfume.

(9) The Customer may cancel his order free of charge by contacting SUPERFUMISTA by email at the address contact@superfumista.com within a maximum of one hour following validation of the order on the Application or on the website store.

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

9. DELIVERY

SUPERFUMISTA delivers to Europe, the United Kingdom, Switzerland, and North America with Colissimo, Chronopost, DHL, or DPD for orders that include a box containing a bottle, or by tracked mail for orders without a bottle or containing samples of less than 5ml each. SUPERFUMISTA delivers its products directly to your home and does not have any physical points of sale.

The amount of Shipping Costs is calculated according to the weight, destination and number of shipments included in a creation process. It is automatically communicated to you when you validate 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 Customer in the form completed when placing the Order, on the user profile.

All delivery times are calculated in business days. SUPERFUMISTA undertakes to process the Order within thirty days from the day following the validation of the Order (or the formulation). Exceeding the shipping time may result in cancellation of the order as soon as the initial processing times have been exceeded. To do this, simply contact our Customer Service. In the event that you receive the package: refuse it and request a refund for your order from our Customer Service.

Upon receipt of your returned package, we will refund you within 15 days. The indicated timeframes are average and correspond to the processing, preparation, and shipping times for your order.

9.1 SHIPPING COSTS

Delivery costs are indicated before payment of the order.

As part of a custom perfume project, there are no delivery costs for standard orders in mainland France.

For any order with a delivery address outside of France, a line mentioning a "delivery package" is applied and indicated in the summary of the total of the items which is done before proceeding to payment. This "delivery fee package" covers one to several shipments which are involved in the creation of a perfume, including the sending of initial formulations, the possible sending of additional formulations and the sending of the box containing the perfume. In the case of the order of additional formulations, the shipping costs are included in the purchase price of these additional formulations,

For any order of perfumes from the collection placed via the online store (excluding custom perfume projects), information relating to delivery costs is indicated on the 'Basket' and 'Order' pages depending on your delivery address.

In some countries outside the European Union, the Customer may be subject to additional customs and shipping fees. SUPERFUMISTA will not be held responsible for the payment of these additional fees and considers it the responsibility of the consumer 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 damage due to transport, the Customer must inform the delivery company, here Colissimo, DPD, DHL, Chronopost or La Poste without delay and contact SUPERFUMISTA customer service immediately to allow the latter to process complaints as quickly as possible. Any complaint regarding damage related to delivery must be made within 3 days (three days) following delivery. Beyond these 3 days, the complaint may not be considered by SUPERFUMISTA.

9.3 DELIVERY TERMS

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of his choice or a legal entity (delivery to his company). Delivery cannot be made to hotels or PO boxes. The Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, SUPERFUMISTA cannot be held responsible for the impossibility of delivering Products.

If Delivery is not possible, the carriers appointed by SUPERFUMISTA will endeavor to find a secure location to deposit the Product. The carriers appointed by SUPERFUMISTA will also leave a notice at the delivery address indicating the location of the Product and the procedure to follow to proceed with a new Delivery. In the event of an incorrect address or if the Customer does not collect the Product, the Customer may contact SUPERFUMISTA or the carrier to arrange redelivery of the Order to a collection point. Otherwise, the Product will be returned to SUPERFUMISTA's warehouse.

In the event that the goods are returned to SUPERFUMISTA's warehouses, no reshipment will be possible and the Customer will be reimbursed within a reasonable period of time from receipt of the goods.

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

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

SUPERFUMISTA cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure.

10. NO RIGHT OF WITHDRAWAL

In accordance with Article L221-28-3° of the Consumer Code, the consumer's right of withdrawal cannot be exercised for the supply of custom-made goods made according to the consumer's specifications or clearly personalized.

Furthermore, in accordance with Article L221-28-5° of the Consumer Code, the right of withdrawal is excluded for goods which have been opened by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Thus, refillable perfume bottles, due to their unsealed nature and their exposure to possible handling, cannot be returned or exchanged once opened.

However, for commercial purposes, SUPERFUMISTA agrees to the 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 the latter.

12. LEGAL GUARANTEES

SUPERFUMISTA is required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met:

(i) they must comply with the description and have the characteristics set out on the Application;

(ii) they must be fit for the purposes for which products of that kind are generally designed;

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

12.1 APPARENT DEFECT

In addition, SUPERFUMISTA guarantees consumers against defects of conformity and hidden defects for the Products on sale on the Application under the following conditions: The presence of an apparent defect on a Product must give rise to a complaint by email ( contact@superfumista.com ) within three working days following Delivery. Any complaint must explain the defect concerned. Failing this, no complaint 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 complaint to the registered office of SUPERFUMISTA, after sending an email reporting the apparent defect of the Product referred to above. Cases of apparent defect confirmed by SUPERFUMISTA give rise, depending on the content of the Customer's complaint, to either the establishment of a credit note for the benefit of the Customer, or the replacement of the Product, or the outright reimbursement of the Price to the Customer within 14 days. In case of non-compliance with the return procedure, no exchange, refund or credit is possible.

12.2 NO CONFORMITY – LATENT DEFECTS

Subject to validation of a non-conformity or a hidden defect by SUPERFUMISTA or the manufacturer as the case may be, the Customer benefits from the legal guarantees within the meaning of the provisions of Articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Thus the Client:

• benefits from a period of two (2) years from delivery of the product to take action in the event of non-conformity of the Product,
• is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
• may choose between repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years of the discovery of the defect, to be reimbursed for a Product that has proven unfit for its use.

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

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

In order to implement these guarantees, 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 complaint to the head office 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 General Terms and Conditions, SUPERFUMISTA will inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt.

In the event of any unforeseen circumstances related to incapacity or unavailability, the Client may be informed either by email or by a pop-up window which appears when connecting to the Application.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of SUPERFUMISTA or the Customer without compensation from either party. Failure to pay by the Customer cannot be justified by a case of force majeure.

13.2 PARTIAL DISABILITY

If one or more clauses of the T&Cs are declared invalid pursuant to a law, regulation or final court decision, the other clauses will retain their full force and scope.

13.3 NON-WAIVER

No tolerance, inaction or inertia on the part of SUPERFUMISTA may be interpreted as a waiver of its rights under these T&Cs.

14. APPLICABLE LAW – DISPUTES – MEDIATION

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

In the event of a dispute or complaint, the Customer is recommended to contact Customer Service in order to seek and find an amicable solution.

14.1 COMPLAINTS AND CUSTOMER SERVICE

SUPERFUMISTA customer service can be reached Monday to Friday from 9 a.m. to 6 p.m. by email at: contact@superfumista.com Or orders@superfumista.com or via Messenger chat.

14.2 MEDIATION

In accordance with Article L. 612-1 of the French Consumer Code, within one year of their written complaint, the consumer, subject to Article L.152-2 of the French Consumer Code, has the right to submit a request for amicable resolution by mediation, to a consumer mediator whom you can contact free of charge. The SUPERFUMISTA store and application are affiliated with:

SAS MEDIATION SOLUTION
222 sheepfold path 01800 Saint Jean de Niost
Email: contact@sasmediationsolution-conso.fr
Site : https://sasmediationsolution-conso.fr

IMPORTANT : Never send the original documents requested to the consumer ombudsman. Please send photocopies. Never send defective, disputed, or refunded items to the consumer ombudsman. Please include your phone number and email address.

Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between the “Parties”, will, in the absence of an amicable agreement, be subject to the jurisdiction of the competent courts.

Last updated: May 2025