TERMS & CONDITIONS

TERMS AND CONDITIONS OF SALE

1 SUBJECT

The purpose of these General Terms of Sale is, on the one hand, to inform any potential buyer about the terms and conditions in which the seller (hereafter “SUPERFUMISTA” or “the seller”) proceeds to sell and deliver the products ordered and, on the other hand, to define the rights and obligations of the parties in connection with the sale of services and products by SUPERFUMISTA to the consumer (here and below “the Buyer”, “The Customer” or “The Customer”). They apply, without restriction or reservation, to all sales of the services and products offered by SUPERFUMISTA on its mobile application (here is the “Application” or “Mobile Application”).

Accordingly, the fact that the Buyer orders a service or product offered for sale on the SUPERFUMISTA Application brings full acceptance of these General Terms of Sale which the Buyer acknowledges that he has been aware of prior to his order.

SUPERFUMISTA reserves the possibility to change these General Terms of Sale at any time, without notifying the buyer. Nevertheless, the General Terms of Sale applicable to the order are those accepted by the Buyer at the time of ordering.

2 DEVELOPMENT OF THE AGREEMENT and LEGAL MENTIONS

The purchase agreement is concluded with KIIN SAS under SUPERFUMISTA.
KIIN SAS with a capital of 1000euros whose head office is located 14 bis rue Juillet 75020  –  Paris, France

Editor: Benjamin Sachs

Registered with the Paris Commercial Court

SIREN number: 903 458 172

VAT number: FR 903 458 172

Accommodation 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 registered trademark of INPI, owned by Benjamin Sachs.

By placing services and products in our online store, we submit the terms and conditions of sale that will follow for any order that will be made on our Mobile Application, from the moment the user clicks the button to order. He will then receive a confirmation email.

3 INFORMATION ABOUT THE SITE AND MOBILE APP, AND ITS ACCESSIBILITY

The SUPERFUMISTA Application is a mobile e-commerce application owned and managed by KIIN.

The application is open to all users of a smartphone, accessible 24 hours a day, 7/7, unless interruption, programmed or not, by SUPERFUMISTA or its providers, for the purposes of its maintenance and/or security or force majeure (as defined below).

SUPERFUMISTA cannot be responsible for any damage, whatever its nature, resulting from the unavailability of the application. SUPERFUMISTA reserves the right to evolve the Application, for technical or commercial reasons. Where these changes do not alter the terms of the provision of services, substantially and negatively, the Customer may be informed of the changes that have taken place, but its acceptance is not sought. 

By registering on the application, the Customer declares and guarantees to SUPERFUMISTA that it is major and has the legal capacity to contract.

4 BENEFITS AND PRODUCTS

4.1 DESCRIPTION OF BENEFITS AND PRODUCTS

Through the Application, SUPERFUMISTA offers the CLIENT the product corresponding to the custom manufacture and according to the tastes of the CLIENT, its own perfumes.

The products sold by SUPERFUMISTA are those listed on the Application, on the day the Application is consulted by the Buyer and within the limit of available stocks.

SUPERFUMISTA reserves the right to withdraw products or offers including products from sale at any time.

(1) The User may pre-order the characteristics of the products and offers sold on the SUPERFUMISTA Application.

(2) On the Application, the User can purchase products made from the information he has provided. These indications do not constitute a definitive description of the final composition of the perfume. Depending on the “Course” (offer) chosen, the Buyer has the option to indicate the cork model and the desired ribbon color accompanying the bottle of his perfume. Both will be provided subject to available stocks (see 4.4. AVAILABILITY OF PRODUCTS).

(3) On the application, prices vary by country, mode of delivery, type of product and type of offer and service associated.  

4.2 CREATION AND CONTROL ROUTES

As part of the creation of a bespoke perfume, after describing its project and expressing its wishes regarding the composition of the perfume on the Application, the Buyer orders a route (offer) including proposals for initial formulations, 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 type of “Course” itself cannot be changed after the order.

If the Buyer wishes, he can order additional formulations sold on the application from the menu corresponding to his perfume, in order to make his choice among all formulations and allow the composition of his perfume and then the shipment of the product.

When ordering, the Buyer confirms his delivery address so that the product can be shipped to him.

4.3 GIFT OFFER

SUPERFUMISTA sells custom perfume creation courses that can be usedby the customer orintended for a third party as a gift.

For any new creation, the Buyer chooses a creative path (Deluxe, Deluxe or Premium). At the beginning or when confirming his order, he  will be able to indicate whether the product is intended for him or if the product is the subject of a gift intended for a third party. In the case of a gift, when the order is confirmed, the Buyer specifies the delivery address of the recipient of the gift. This address allows you to calculate the shipping costs and to ship the different shipments (formulations, box of the final perfume).

As part of a creation ordered as a gift to a third party, the recipient’s email address provided by the Buyer allows SUPERFUMISTA to inform the recipient of his gift by email.

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

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

As part of a gift prepaid by the Buyer, the recipient of the gift will then be able to choose the formulation (initial or additional) he prefers in order to allow SUPERFUMISTA to compose the perfume and provide the product.

If necessary, the third party “guest” recipient of the gift will be able to purchase additional formulations sold on the application in order to then make his choice among all formulations, within the specified time limit specified in Article 6(7) (Orders).

4.4 PRODUCT AVAILABILITY

(1) Products are offered within the limits of available stocks (raw materials, caps, ribbon…). SUPERFUMISTA does not guarantee the availability of the products presented on the Application. In case 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 ribbon color or a raw material and to offer the Buyer other available choices. He will be offered alternatives or the cancellation of his order if these solutions do not suit him.

In the event of cancellation of the order, for unavailability of the product, if the customer’s account has already been debited, SUPERFUMISTA will refund the amount on the account debited as soon as possible. SUPERFUMISTA cannot be held liable if an order is cancelled due to out of stock.

(2) SUPERFUMISTA is entitled to terminate the contract binding it to the Buyer in the event of non-receipt ofraw materials or in the event of receipt of erroneous materials, necessary 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 Buyer will be refunded immediately after the cancellation of the order.

(3) In the event of a stock outage, pre-order or additional delay in the supply of 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 originally planned products. In this case, the buyer is debited to 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 buyer, depending on its positioning on the waiting list. The waiting times before restocking or supplying the product, indicated to the buyer at the time of the order, are indicative and not contractual. SUPERFUMISTA undertakes to inform the Buyer by email or if he can anticipate this problem, via a screen to the connection on the Application, in order to propose registration on a waiting list. Once the order has been placed and the buyer is placed on this waiting list, the order is not cancellable.

5 PRICES

Prices of products are shown in euros on the SUPERFUMISTA application. When the order is finally validated, the price takes into account the VAT applicable on the day of the order and the possible delivery costs.

SUPERFUMISTA reserves the right to change the delivery fee at any time prior to the Buyer’s validation of the order.

The price charged to the Buyer will be the price indicated at the time of the final payment and the price shown on the confirmation mail. Shipping costs will be specified in paragraph 7.2 of the following terms and conditions of sale (‘Sending costs’).

6 ORDERS

By validating the payment of the order, the Buyer fully accepts the terms and conditions of SUPERFUMISTA’s sale, as well as the privacy policy.

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

(2) To access services and order products on the SUPERFUMISTA app, the Buyer must create an account by providing their name, email address, phone number and delivery address.

(3) During an order, in order to continue the purchase, the Buyer must inform and verify the delivery address as well as the payment information. Upon validation of the payment, a confirmation email is sent to the email address provided in advance. It is recommended that the Buyer keep this document and ensure that it is received by controlling its spam box.

(4) SUPERFUMISTA provides the Customer with samples corresponding to various formulations of the selected “raw ingredients-materials” from which the Customer chooses the one he prefers and indicates this preference through a dedicated menu on the mobile application. Within the limit of the chosen offer, the Customer may request additional formulations. The Client must describe the desired adjustments for each additional formulation so that SUPERFUMISTA is able to pass on the requested adjustments to the additional formulations that will then be provided to the Client. If the Customer again wishes to provide additional formulas beyond those in the offer he has ordered, he will be able to 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 a time when the customer does not wish to choose from all the formulations already included in his career.

(5) As part of a bespoke perfume creation, SUPERFUMISTA informs the Customer during the application order of about 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 a bespoke perfume creation, the information transmitted by the Customer to SUPERFUMISTA via the forms of the mobile application constitute indications and not a definitive description of the finished product, (proposals of formulations or formulation chosen).

SUPERFUMISTA reserves the right to adapt the formulations on the basis of the indications provided by the Customer when creating the perfume on the Application. Indeed, SUPERFUMISTA relies on its knowledge of materials and the art of associating them, on its ability to interpret these indications in order to propose formulations to create the perfume ordered by the customer, as well as by taking into account the recommendations and regulations in perfumery. Similarly, the feature allowing the Customer to inform the desired proportions for the selected ingredients has an indicative role, with SUPERFUMISTA reserving the right to adapt this wish according to the above reasons.

(7) As part of the selection of the formulation by the Buyer at the end of the shipment or the shipments of formulations included in the Offer ordered, if the Buyer does not confirm via the Application the formulation he chooses for his perfume, SUPERFUMISTA will not be required to provide a perfume to the Buyer for this order. For a given perfume creation, the Buyer can indicate on the Application his choice of formulation for this perfume within a period of 6 (six) months after ordering the route. If the Buyer orders additional formulations, the 6 (six) month period will begin from the order of these additional formulations and not from the initial order of the route.

7 DELIVERY, SHIPPING AND TRANSPORT COSTS

7.1 DELIVERY

SUPERFUMISTA delivers its goods with Colissimo, Chronopost, DHL or DPD for orders including a box containing a vial, or per letter followed, for orders without a vial or containing samples of less than 5ml each. SUPERFUMISTA delivers its products directly to the home and does not have physical outlets.

SUPERFUMISTA delivers its products exclusively in the following countries: France

The delivery time for the products is 2 to 5 working days depending on the country and the means of delivery from the date of completion of the formulation process as described in the article.  

The amount of Port Fees is calculated based on the weight, destination and number of shipments included in a creation route. It is automatically communicated to you at the validation of your cart and is included in the total price to be paid for your order.   The product will be delivered to the contact information indicated by the Buyer within the form filled out during the order, on the user’s profile.

All announced deadlines are calculated in working days.  SUPERFUMISTA undertakes to process the Order within thirty days of the day after the order (or formulation) is validated.  Exceeding the shipping deadline may result in a cancellation of the order once the initial processing times have been exceeded. All you need to do is contact our Customer Service. In case you receive the package: refuse the package and request a refund of your order from our Customer Service. (You can propose another modus operandi)

As soon as we have confirmation of the return of your package, we will refund you within 15 days.  The time frames indicated are average deadlines and correspond to the processing, preparation and shipping times of your order.

7.2 SHIPPING COSTS

The delivery fee is shown before the order is paid.

There is no delivery fee for standard orders for which the delivery address is in metropolitan France.

For any order with a delivery address outside France, a line stating a “delivery package” is applied and indicated in the summary of the total items that is made before making the payment. This “delivery fee package” covers one to several shipments 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 ordering additional formulations, shipping costs are included in the purchase price of these additional formulations,

In some non-EU countries, the Buyer may be subject to additional customs and shipping charges. SUPERFUMISTA will not be held responsible for the payment of these additional fees and believes that it is the consumer’s responsibility to inquire about customs fees in the country in which they are located.

7.3 TRANSPORT AND DAMAGE

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

7.4 DELIVERY TERMS

Delivery is made at the delivery address indicated by the Customer, being specified that it must be the residence address of the Customer, a natural person of his choice or a legal person (delivery to his company). Delivery cannot be made in hotels or post boxes. TheClient must ensure the accuracy and completeness of the data it provides. Customers are required to always update their personal information. In the event of an error in the wording of the recipient’s contact information, SUPERFUMISTA cannot be held responsible for the inability to deliver Products.

If the delivery is not possible, the carriers mandated by SUPERFUMISTA will try to find a safe place to deposit the product. The carriers mandated by SUPERFUMISTA also leave a notice to the delivery address indicating the location of the Product and the procedure for making a new delivery. In the event of an incorrect address or in the absence of withdrawal by the Customer, the customer can contact SUPERFUMISTA or the carrier to arrange the re-delivery of his Order at a point of withdrawal. Failing that, the product is returned to the SUPERFUMISTA warehouse.

In the event of the goods being returned to the SUPERFUMISTA warehouses, no re-shipment can be carried out and the Customer will be refunded within a reasonable period of time from the receipt of the goods.

SUPERFUMISTA delivers orders within a maximum period of 14 (fourteen) working days for delivery to Metropolitan France and 20 (twenty) working days for international delivery. This delay is not counted from the date of the order but from the indicative time mentioned at the time of the order. This time frame corresponds to the time required for SUPERFUMISTA to develop the formulations of the Customer’s perfume based on the indications given via the Application. The day after a new product or restocking is released, and throughout December, the delivery time can be increased by 10 (ten) days, given the volume of Orders.

In order for these deadlines to be met, the Customer must ensure that the exact and complete information about the delivery address (such as: street number, building, staircase, access codes, names and/or intercom numbers, etc.) is provided.

SUPERFUMISTA cannot be held responsible for the delay in transport that is not due to its fact or justified by a case of force majeure.

8 PAYMENT TERMS

The Buyer has the following payment options:

• Credit card (Blue, Visa, Eurocard, Mastercard)
• Your transaction will be carried out securely, in accordance with 3DS standards.
• Your account will be debited as soon as the ordering process is complete.

STRIPE

You pay the bill online via STRIPE. Personal and financial information is sent to STRIPEservers. STRIPE is a secure 3D Secure payment platform authorized to conduct financial transactions by credit card.  Additional information is available during the order transaction.

9 CANCELLATION, RIGHT OF WITHDRAWAL AND REFUND

9.1 CANCELLATION

9.1.1. Customers can cancel their order free of charge, by emailing SUPERFUMISTA to contact@superfumista.com  within one hour of validating the order on the Application.

9.1.2. Any request for cancellation to SUPERFUMISTA beyond the cancellation period for any reason will not be accepted.

9.2 RIGHT OF RETRACTION (ABSENCE)

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 to consumer specifications or clearly customized.

However, on a commercial basis SUPERFUMISTA agrees to the cancellation terms specified in Article 9.1 above.

10 PROPERTY RESERVE

SUPERFUMISTA retains full ownership of the products sold until the full price is fully collected, including principal, fees, taxes and contributions.

11 LEGAL GUARANTEES AND LIMITATION OF LIABILITY

SUPERFUMISTA’s liability for any product purchased on the Application is strictly limited to the purchase price of the Application.

Documents, descriptions and information relating to the Products on the Application are not covered by any guarantees, explicit or implied, except for the guarantees provided by law.

SUPERFUMISTA is required to deliver products in accordance with contractual provisions. Products are considered to be in compliance with the contractual provisions if the following conditions are met:

• They must conform to the description and have the features outlined on the Application;
• (ii) they must be adapted to the purposes for which such products are generally designed;
• (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same type and which can reasonably be expected.

In addition, SUPERFUMISTA guarantees consumers of compliance defects and hidden defects for Products for sale on the Application under the following conditions:

11.1 OBVIOUS DEFECTS 

The presence of a visible defect on a Product must result in an e-mail complaint (contact@superfumista.com)within three business days of delivery. Any complaint must explain the defect concerned. 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 state, new, unreased, with references from the original Order and copy of the claim to the head office of SUPERFUMISTA, after sending an e-mail indicating the apparent defect of the product referred to above. The apparent cases of defect confirmed by SUPERFUMISTA give rise according to the content of the Customer’s claim either to the establishment of an asset for the benefit of the Customer, to the replacement of the Product, or to the outright reimbursement of the Price to the Customer within 14 days. In case of non-compliance with the return procedure, no exchange or refund or credit is possible.

11.2 NON-COMPLIANCE – HIDDEN DEFECTS

Subject to the validation of non-compliance or a vice-hidden by SUPERFUMISTA or the manufacturer as appropriate, the Customer benefits from the following guarantees:

SUPERFUMISTA, headquartered 14 bis rue Juillet – 75020 Paris, France, acts as guarantor within the meaning of the provisions of Articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.

So the Customer:

• has two (2) years from the issuance of the Product to act in non-compliance with the Product,
• is exempt from reporting evidence of the property’s non-compliance within six (6) months of the issuance of the Product,
• may choose between repairing or replacing the Product, subject to the cost conditions provided by Article L217-9 of the Consumer Code;

In addition, the Customer may also implement the legal guarantee under the hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee of hidden defects allows the Customer within two years of the discovery of the defect, the reimbursement of a product that has proven unsuitable for its use.

The hidden defect guarantee allows the Customer to be protected from the hidden defects of the purchased product that 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 ask for a reduction in the price, or return the Product and request a refund of the price paid, in accordance with Section 1644 of the Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original state, new, unutilized, with references from the initial Order and copy of the claim at the head office of SUPERFUMISTA, after sending an email indicating the reason for the return of the Product.

11.4 FORCE MAJEURE

In the event of a force majeure event preventing the performance of these CGV, SUPERFUMISTA informs the Customer within fifteen (15) days of the occurrence of this event, by email or letter recommended with acknowledgement.

In the case of incapacity or unavailability hazards, the Customer can be informed either through an email or through a pop-up window that appears when connecting to the App.

Expressly, are considered as a case of force majeure or fortuitous case, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil disturbance, insurrection, war, bad 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 to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the parties’ obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of SUPERFUMISTA or the Client without compensation on either side. The failure of payment by the Customer cannot be justified by a case of force majeure.

12 LITIGATION

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

In the event of a dispute or complaint, it is recommended that the Customer be approached by Customer Service in order to find an amicablesolution. For any request, you can email us at contact@superfumista.com.

12.2. European Online Dispute Resolution Platform:  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Mediation

In accordance with Article L. 612-1 of the Consumer Code, within one year of its written claim, the consumer, subject to Article L.152-2 of the Consumer Code, has the power to make an amicable request for a resolution through mediation, with

12.3. SERVICE OF MEDIATION TO CONSOMMATION:  

In accordance with Article L. 612-1 of the Consumer Code, within one year of its written claim, the consumer, subject to Article L.152-2 of the Consumer Code, has the power to make an amicable resolution request through mediation,

FOR THE MEDIATOR OF CONSOMMATION: If no agreement with the professional following a complaint, amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 at L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Conditions of Eligibility). Free procedure for the consumer.

MEDIATION – SAS MEDIA SOLUTION – 222 Sheep Road 01800 Saint John of Niost – Email: contact@sasmediationsolution-conso.fr  – Site:  https://sasmediationsolution-conso.fr

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

Any dispute over the existence, interpretation, performance or breach of the contract between the “Parties” will, in the absence of an amicable agreement, be the jurisdiction of the competent courts.

14 PARTIAL DISABILITY

If one or more stipulations of these CGVs are held invalid or declared invalid under a law, regulation or as a result of a final decision of a competent court, the other stipulations will retain their full strength and scope.

15 NON-RENOUNCEMENT

No tolerance, inaction or inertia of SUPERFUMISTA can be construed as waiving its rights under the CGVs.

16 APPLICABLE TEXTS AND COMPETENT JURISDICTION

Sales of SUPERFUMISTA products to individuals are subject to French law regardless of the buyer’s country of residence and the place where the order is placed. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between SUPERFUMISTA and the purchaser, even in the case of plurality of the defendants, will, in the absence of an amicable agreement, be the exclusive jurisdiction of the French courts competent under the rules enacted by the Civil Code and the Code of Consumer Affairs.

TERMS AND CONDITIONS OF USE (CGU)

PART 1: THE APPLICATION

1. Registration

Once the app is downloaded, the customer can register by providing their email address and choosing a password.

SUPERFUMISTA may delete the Customer Account at any time, for non-compliance with Terms of sale, for violation of Terms of use or for non-payment. Customers can request that their account be deleted if they wish. This will be carried out by SUPERFUMISTA within one month of the request.

• Profile

When creating his account, the customer is invited to inform via the PROFILE menu:

• User profile: Name, first name, email address, password, delivery address.
• Nose Expertise: This level allows you to view and use the carousel with access to different features. The latter can be changed at any time, from the PROFILE menu or from the CARROUSEL (Composition) screen when creating

• CREATE YOUR OWN FRAGRANCE

For any new creation, this route comes in three stages:

• DESCRIPTION

Theuser  is guided through a questionnaire to allow him to describe his perfume project. During this entire phase, the user can request SUPERFUMISTA by email at the address  contact@superfumista.com. The user will also be able to contact us via the chat of the application after confirming his order and until the finalization of its creation.

• COMPOSITION

The user accesses the Scent Ride: he can select up to 6 olfactory notes for his creation. Depending on the “olfactory level” chosen, to make this selection, it can:

• Apprentice Mode: Browse 16 olfactory families (Annex 1)
• Explorator mode: browse 16 olfactory families and more than 130 materials
• Maestro mode: browse 16 olfactory families and more than 130 materials, as well as indicate the % proportions he wants for each note selected

This olfactory level can be changed at any time and may differ from one creation to another for the same user.

• CHOICE OF OFFER

The user chooses a route (“offer” or “journey”), which will allow him to benefit from different options: customization of his bottle (essence of the wooden cap, color of the ribbon, personalized name), receipt of a number of initial formulations and then additional (these are the different variations for a given creation).

• PAYMENT OF THE ORDER

At the end of the choice, the user can confirm his order and proceed with the payment. Once the payment is confirmed, he receives a confirmation email (make sure to control the spam). The user is invited, via a button, to consult the menu MES PARFUMS to find its creation. This will allow them to access the follow-up of its creation and the integrated chat.

• FOLLOW-UP OF THE CREATION

• Stages

Throughout this follow-up, SUPERFUMISTA informs the user, at each step, of the progress of its creation using notifications on the mobile app and push notifications on the smartphone.

The “Track your creation” stages are:

• Fragrance created: the order has been confirmed
• Making-of: The customer has access to behind-the-scenes photos or videos of the formulation
• Magic and Chemistry: the customer confirms the receipt of the samples and chooses its formulation
• Olfactory composition: the customer has access to an image representing his bottle with the materials (ingredients) that his “final” perfume contains 
• Fragrance ready: the customer confirms the receipt of his box (or his boxes). He is invited to evaluate his experience with SUPERFUMISTA and write a review on the App store or Google Play.

• CHAT

The user can access the chat built into the app once the command is confirmed. The exchanges  with the perfumer help to refine the description made during the order. The user can ask questions and send or receive images. Each new message is notified on the mobile app and pushed notification on the smartphone. Whenever SUPERFUMISTA adjusts the description or composition of its creation, the user is informed by a notification.

• CHOICE OF FORMULATION

After a delay of 2-3 weeks, the user receives the samples (2ml) of the initial formulations by mail. After confirming the correct reception, he can then make his choice:

• “He likes”: he indicates the number of the formulation he wants on the application and thus confirms the order of his perfume “final”
  • “He wishes to make adjustments,” indicates them for each “additional” formulation on the application and, upon receipt, will be able to choose from all the formulations sent
  • If this is the case, if none of the formulations sent satisfy it, it can order a set of 3 “additional” formulations, indicate the desired adjustments to the application, and then choose from all the formulations sent. The purchase of 3 “additional” formulations may be renewed.

• SHOP « REORDER »

For any perfume created, the customer can order again on the “SHOP”, a box of his perfume, on the basis of the chosen formulation:

• a new perfume box: 30ml Eau de parfum – pocket spray 3ml. It can choose from the options corresponding to the course purchased (wood essence of the cap and color of the ribbon)
• a refill box: 60ml eau de parfum, an aluminium funnel and a 5ml roller skate

• INTELLECTUAL PROPERTY

• On bespoke fragrance creations

Intellectual property rights for fragrant creation belong to the Perfumer. Therefore, no intellectual property rights of any kind can be claimed or ceded by the Client, all the creations concerned, which are in full law the intellectual property rights of the Perfumer, which the Client acknowledges and accepts.

The formulations incorporating the creation of a bespoke perfume are kept by SUPERFUMISTA. However, the Customer is informed that he will not be able to make any claim against the Perfumer or any other person if a creation similar to his is used or created.

• On the Site and Application

The SITE and the SUPERFUMISTA Application and everything in it (images, logos, videos, texts…) are the exclusive property of SUPERFUMISTA and fall under the Intellectual Property Code. Accordingly, any reproduction, representation, adaptation of the elements present on the site or constitutive of it are prohibited unless expressly authorized by the Publisher and constitute a infringement in the sense adopted by law. It is recalled that infringement of a copyright, a registered design or a trademark is a criminal offence.

• Content reproduction and distribution

Following the purchase of perfumes, SUPERFUMISTA offers the buyer the opportunity to post on social networks photos of his perfume or images provided by SUPERFUMISTA on his user account, relating to the creation of his perfume. In this context, the Buyer is authorized to reproduce and distribute the content provided on the SUPERFUMISTA Application. SUPERFUMISTA is in no way responsible for the buyer’s message accompanying the publications of SUPERFUMISTA’s content on social networks. The purchaser undertakes, however, that the content he posts is in accordance with the law, and that in particular no comments can be considered illegal, discriminating, racist or violent.

PART 2: PRIVACY POLICY

BEFORE ABOUT

THE personal data policy implemented by KIIN is accessible from the SUPERFUMISTA mobile app and the site www.superfumista.com  including in their versions optimized for navigation on mobiles, tablets and smartphones. The www.superfumista.com website   and the SUPERFUMISTA Mobile Application are the “Application”  and the “Site”   as the following.

Unless otherwise stated, this personal data policy put in place by KIIN is applicable to the application and website www.superfumista.com. However, no personal data is requested and therefore kept on the Site.

The “CREER MY PARFUM” menus and secondly the “SHOP” (new order of the perfume created) of the SUPERFUMISTA application allow the sale of products online whose terms and conditions are defined in the general terms of sale of SUPERFUMISTA, forming a contractual package with this policy of “Personal Data”.

1. GENERAL INFORMATION

This document details how SUPERFUMISTA uses and collects your personal data and informs you of the steps superFUMISTA takes to ensure the protection of your personal data in connection with the use of the Site in accordance with the provisions of Law 78-17 of January 6, 1978 relating to Computer Science, Files and Freedoms (hereinafter the “Computer and Freedoms Act”). , as amended by the provisions of Law No. 2004-801 of August 6, 2004 on the protection of individuals with respect to personal data processing. SUPERFUMISTA protects the privacy of its users and Internet users by complying with applicable regulations and substantive obligations (finality, relevance, shelf life, rights of persons, security, documentation) relating to the implementation of the European Data Protection Regulation on 25 May 2018.

• DATA COLLECTION, USE, AND RETENTION

2.1 Data collection

Policy

SUPERFUMISTA may collect your personal data when you purchase, or when you create your customer account on the SUPERFUMISTA app and when you purchase your custom composition.

“Personal data” refers to information about you as a natural person that you voluntarily disclose by filling out a form on the Application and possibly the Site, or that SUPERFUMISTA collects as part of your browsing and which, whatever the nature, allow you to identify yourself, directly or not. Personal data includes personal data (such as your names, contact information, and electronic identification data available on or from your computer (such as “cookies” or “IP addresses”). Your electronic identification data allows you to identify or geolocate (without being more accurate than the city) your login terminal or the pages viewed on the Site during your browsing and are generally insufficient on their own to identify you by name.

Social networks

SUPERFUMISTA is the publisher of a SUPERFUMISTA information and presentation page on various social networks such as Facebook™,Twitter™, YouTube™ or Instagram™.

You can follow the pages of SUPERFUMISTA on these social networks. Your personal information, which you have indicated as public and accessible from your profile, is available at SUPERFUMISTA. SUPERFUMISTA does not create or use any database independent of these social networks based on the personal information you may post on them. If you want to object to SUPERFUMISTA’s access to personal information that you have posted on your profile (and that are publicly visible), we remind you that social media settings offer the ability to control and/or limit access to your data. We also recommend that you regularly review the personal data policy of these social networks.

Donions and purchasing process on the SUPERFUMISTA app

SUPERFUMISTA also collects your personal data when you purchase on the App, in order to allow you to place an order online.

2.2 Data Use

The information you provide about the Application allows SUPERFUMISTA to:

• Process your questions or requests for information,
• You will, subject to your agreement, targeted messages of a commercial nature or commercial prospecting,
• Send you the newsletter you subscribed to,
• Allow to establish global trends in purchasing behaviour, without being identifiable in any way,
• Give you any catalogues,
• Learn about SUPERFUMISTA products,
• Find out about promotional offers,
• Offer you an online communication tool,
• Keep you informed of the events organised by SUPERFUMISTA,
• Offer to participate in surveys or contest games,
• Allow you to follow the Site and its news.

If so, the information THAT SUPERFUMISTA needs to complete the missions described above is consistent with what you have provided in the PROFIL menu. The information collected by SUPERFUMISTA includes your name, first name, postal address, email address and phone number. This information allows SUPERFUMISTA to deliver your orders, establish market trends, and address targeted communications to your profile in order to continue to always offer you a suitable and quality service. The other information is optional and allows us to get to know you better and improve our communications and services to you.

• SHARING AND DISCLOSING DATA

SUPERFUMISTA is the sole recipient of the collected data.

SUPERFUMISTA only transmits or sells your personal data to a third party when:

• SUPERFUMISTA must share this information with its distributors, providers and in particular its technical providers (including the carrier, financial services)  to provide you with the service you have requested.
• SUPERFUMISTA establishes global market trends from the aggregation of several anonymized data.
• SUPERFUMISTA receives a request from a judicial authority or any administrative authority authorized by law requesting the disclosure of this information in accordance with the applicable legislation.

SUPERFUMISTA makes its best efforts to ensure the confidentiality and security of the personal data collected during its transmission to the aforementioned persons.

• DATA TRANSMITTED BY INTERNET USER WITHOUT SUPERFUMISTA’S REQUEST

SUPERFUMISTA asks you not to transmit content that would not be requested by a questionnaire or other collection form, such as business information, advertisements, personal creations, ideas, concepts, etc.

When you voluntarily provide personal data about yourself, especially when it comes to multimedia content (photographs, videos, etc.) using our products or advertising hashtags, especially on social networks, you agree that SUPERFUMISTA may use it in accordance withhumanrights.

You agree to disclose accurate and non-harmful information to the interests or rights of third parties.

• SECURITY MEASURES

SUPERFUMISTA makes its best efforts to protect your personal data from damage, loss, embezzlement, intrusions, disclosures, alterations or destruction.

KIIN employees who, because of their function, would have access to your personal data are committed to the utmost confidentiality in this regard.

However, SUPERFUMISTA does not control the risks associated with the operation of the Internet and draws your attention to the existence of possible risks in terms  of one-off data loss or breach of the confidentiality of data transiting through this network. The information proposed on the Site may be interrupted for cases of force majeure or beyond the control of KIIN or facts not the responsibility of KIIN.

SUPERFUMISTA has a secure payment system in place for any orders made on the SUPERFUMISTA App and Online Store. Payments are made on an external platform through a payment provider that meets 3DS security standards.

SUPERFUMISTA provides no safeguards for any harm that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logical bomb or any other form of programming routine designed to damage, destroy or otherwise damage a computer’s functionality or hinder the proper functioning of a computer. , including any transmission resulting from a download of any content made by the Customer, software used by the Customer to download the content, the Site or the server that allows access to it. In this regard, the Customer recognizes that it is his responsibility to install appropriate anti-virus and security software on his computer equipment and other devices in order to protect them from any bug, virus or other programming routine of this kind proving harmful. The Customer acknowledges that he assumes all the risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he is solely responsible for any damage to his computer system or any data loss resulting from the download of that content.

• PEOPLE’S RIGHT TO THE DATA COLLECTED

You have a general right to access, modify, correct and delete data that affects you.

You can do this by applying to our Customer Relations Department:

• by mail: by writing to SUPERFUMISTA, 14 bis rue Juillet 75020 Paris
• e-mail: by sending us a message to privacy@superfumista.com

In order to ensure that the applicant is properly entitled to make this type of  application, a copy of an ID may be requested  to allow us to  satisfy your request.

• USE OF DATA IN THE EVENT OF A CHANGE OF CONTROL OF THE COMPANY

The data collected by SUPERFUMISTA could be transferred to third parties as part of a change of control of the company, an acquisition, a collective proceeding or a sale of the company’s assets.

• PRIVACY POLICY UPDATE

SUPERFUMISTA may change the Personal Data Policy at any time. If SUPERFUMISTA wishes to use your personal data in a different way from that stipulated in the Personal Data Policy in effect at the time of collection, these changes will be published in a new version of this Personal Data Policy.Due to changes that may occur in the Personal Data Policy, we invite you to regularly visit the “Personal Data” section.

• QUESTIONS & CONTACT

For any questions or comments related to the Personal Data Policy or how SUPERFUMISTA collects and uses your data, you can contact our Customer Relations Service:

• by mail: by writing to SUPERFUMISTA, 14 bis rue Juillet 75020 Paris, FRANCE
• e-mail: by sending us a message to contact@superfumista.com

Processing Manager: Benjamin Sachs

Last updated: May 2021