General conditions of sale | Company of the Senses

Website /the-advice-of-the-company-of-the-senses/). The Customer who sells or offers a La Compagnie des Sens product with agreement by La Compagnie des Sens, is required to provide the buyer with the precautions for use with the product.

La Compagnie des Sens cannot be held responsible for damage caused by misuse of one of its products or by non-compliance with the precautions for use and safety rules, when using one of its products or by not delivery of these precautions by a reseller.

Essential oils are not harmless products and contain very high percentages of active substances. La Compagnie des Sens does not encourage self-medication.

The information provided on the Site comes from reference works in aromatherapy. Given for informational purposes, they cannot in any way constitute medical information, nor engage the liability of Compagnie des Sens.

For any use of essential oils for therapeutic purposes, Compagnie des Sens reminds you of the need to consult a doctor or pharmacist competent in aromatherapy.

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.

This is an order with obligation to pay, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following terms:

• bank card (debit is immediate)
• paypal (debit is immediate)
• check (debit is immediate, the order is shipped once the check is cashed)
• transfer (the order is shipped once the transfer is received on the account)

Your orders are processed as quickly as possible by the Customer Service and the Shipping Department, open Monday to Friday inclusive. (On the weekend we replenish our strength!) La Compagnie des Sens undertakes to ship orders within 24 working hours following receipt of payment for your order.

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email and depending on the carrier chosen when ordering:

•        COLISSIMO - In mainland France

After delivery by our Shipping Department, your order is delivered in 2 to 3 indicative days (non-contractual therefore) by Coliposte (colissimo tracked without signature). These deadlines are in working days, excluding postal delivery problems. No refund of shipping costs is provided for delays.

•        COLISSIMO - For the French Overseas Territories and abroad

•        PRIVATE PARCEL - For mainland France

After delivery by our Shipping Department, your order is delivered in 2 to 3 days (indicative deadlines, therefore not contractual) by Colis Privé.
These deadlines are in working days, excluding delivery problems. No refund of shipping costs is provided for delays.

•        CHRONOPOST - For mainland France

The Chronopost option is only valid for orders validated before 3 p.m. This option allows delivery of the order the next working day after payment validation in France, before 1 p.m. at home or at a relay point depending on the option selected.

•        CHRONOPOST EXPRESS - For the rest of the world

The Chrono Express option is only valid for orders validated before 3 p.m. This option allows delivery of the order between 2 to 8 working days depending on the destination in the world.

•        MONDIAL RELAY - For mainland France

After delivery by our Shipping Department, your order is delivered in 2 to 3 days by Mondial Relay. These deadlines are in working days, excluding postal delivery problems. No refund of shipping costs is provided for delays.

•        Mondial relay - Belgium and Luxembourg

After delivery by our Shipping Department, your order is delivered in 3 to 5 days by Mondial Relay. These deadlines are in working days, excluding postal delivery problems. No refund of shipping costs is provided for delays.

•        Orders to be collected on site, from us in Lyon (2 rue Saint-Jean de Dieu - 69007 LYON - during our opening hours):

Once your order has been finalized and paid for online on our site, you will receive an e-mail notifying you of its availability within 24 working hours.

From that moment on, she will wait for you for 1 month. If it is not recovered by you, we will allow ourselves a small follow-up by e-mail, giving you 5 working days to come and collect it. After this second chance period, we will cancel and refund your order in the form of a voucher to be used in our store. This voucher, in the form of a unique code to then enter in the “Discount code” box in our store, is sent to you by e-mail.
In accordance with our withdrawal conditions, Compagnie des Sens reimburses unopened, unconsumed and suitable for resale products. All products that do not comply with these conditions are therefore excluded from reimbursement. For example, products whose shelf life or shelf life limit has been exceeded, hydrosols, etc. will be excluded from reimbursement.

Delays and non-deliveries:

We have chosen reliable delivery services.
However, as with any shipment, there may be a delay in delivery or the package may be lost. (Especially if the address is not precise enough or your name is not clearly indicated on the intercom or the mailbox for home deliveries). In the event of a delivery delay of more than 7 working days, the Customer must inform Compagnie des Sens customer service who will open an investigation with the carrier concerned. This investigation can last up to 15 days from its opening. If during this period, the package is found, it will be redirected immediately to the Customer's home (in the majority of cases). If, on the other hand, the package is not found at the end of the 15-day investigation period, Colissimo considers the package as lost. Customer service will then offer the customer either the return of a new package at our expense, or a full refund of the order.

As the Compagnie des Sens' deepest wish is to democratize aromatherapy, it will do everything possible to find a solution that suits both parties and is as fair as possible.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment at the latest, or an exchange of the product.

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, depending on the carrier, the delivery person will leave a delivery notice in the mailbox or by default, a notification email will be sent to the recipient. 

In the event that the package does not reach its recipient and is returned to the sender (Compagnie des Sens), customer service will contact the customer by e-mail to offer a return at the expense of Compagnie des Sens or cancellation of the order with reimbursement in the form of a voucher to be used in the online store (validity: 1 year). This refund will not take into account the initial shipping costs that will have been consumed during shipping. 
If, however, the customer prefers to be reimbursed via the initial means of payment for the order, he will then simply have to notify customer service by e-mail at [email protected] or by telephone at 04 82 53 40 22 .

Deterioration of the package and its contents:

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.

The claim may be made, at the buyer's choice:

• by telephone at the following number: 04 82 53 40 22;
• by email to the following address: [email protected]

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will send a new package containing the product(s) concerned and will communicate it by e-mail to the buyer.

In the event of a delivery error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address: 

La Compagnie des Sens
Return package
2 Rue Saint Jean de Dieu
69007 Lyon

Return costs are the responsibility of the seller.

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from delivery of the goods to act;
• the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.

In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 10 working days and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer within the conditions provided for above.

In the event of withdrawal by the Customer on part of the Products in the order, La Compagnie des Sens will reimburse the amount of the returned products.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• the supply of goods made to the consumer's specifications or clearly personalized;
• supply of goods likely to deteriorate or expire quickly;
• supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

The personal data provided by the buyer are necessary to process their order and prepare invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the La Compagnie des Sens SAS website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the La Compagnie des Sens SAS website.

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

La Compagnie des Sens cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from the misuse of the products marketed.

In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association of the sector, a consumer association or any other advice of his choice.

Complaints or disputes will always be received with attentive kindness, good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the Customer will contact the company as a priority to obtain an amicable solution.

The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and legal professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.

Data collected

The personal data collected on this site are as follows:

• account opening : when creating the user account, their name; first name ; email address ; phone number ; address ;
• connection: when the user connects to the website, the latter records, in particular, his/her last name, first name, connection data, usage data, location data and payment data;
• profile : the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
• payment : as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
• communication : when the website is used to communicate with other members, data concerning the user's communications are subject to temporary retention;
• cookies : Cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.

Use of personal data

The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:

• access and use of the website by the user;
• management of the operation and optimization of the website;
• organization of the conditions of use of Payment Services;
• verification, identification and authentication of data transmitted by the user;
• implementation of user assistance;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• prevention and detection of fraud, malware (malicious software) and management of security incidents;
• management of possible disputes with users;
• sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

• when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes, in the free comment areas of the website, information accessible to the public;
• when the user authorizes a third party's website to access their data;
• when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data. staff ;
• if required by law, the website may transmit data to respond to complaints made against the website and to comply with administrative and judicial procedures;
• if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: [email protected]

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
• the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by electronic mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.

• Citeo: FR261511_01IMLC

Article L. 217-4 : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”

Article L. 217-5 : “The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

-if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

-if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Article L. 217-6 : “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7 : “Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six month.The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Article L. 217-8 : “The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”

Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same faculty is open to him: 

1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.”

Article L. 217-11 : The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.

Article L. 217-12 : “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.”

Article L. 217-13 : "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which he is recognized by law."

Article L. 217-14 : "The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation with the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor.

In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT.

In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this."

Article L. 217-16 : “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.”

Article 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price if he had known about them.”

Article 1648 : “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.