Terms & Conditions
Last update: 30/09/2020
Last update: 30/09/2020
Editor of the site www.madebymeperfumes.com :
Made By Me, SAS (the “Company”), company registered in the RCS of Paris, France, with Headquarters located 34 rue Hauteville 75010 PARIS, FRANCE, represented by its President, Yann Battard.
Hosting of the site is provided by AMAZON WEB SERVICES (https://aws.amazon.com/fr/compliance/data-privacy-faq/)
This Terms & Conditions of Service (collectively, these “T&Cs“) constitutes a legal agreement between the Company (also refered as “us”, “our”, “MadeByMe”, “MBM”) and you that governs your access to, and use of our Service (composed of our web site, our mobile app if any, and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this T&Cs). These T&Cs are a legally binding contract between you and the Company regarding your use of the Service.
Subject to applicable law, The Company reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. You may read a current, effective copy of this Agreement at any time by selecting the “Terms & Conditions” link on the Site. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.
The nullity of a contractual clause does not entail the nullity of the Terms and Conditions of this agreement. The temporary or permanent non-application of one or more clauses of the Terms and Conditions by the Company shall not constitute a waiver on his part of the other clauses of the Terms and Conditions which continue to produce their effects.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In order to be able to order products on our Site, all Users must create an account by providing the information required in the electronic form created for this purpose. When creating an account, the User chooses a login (email) and password, which he undertakes to keep confidential.
When you make a purchase with us through a Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete
The User is responsible for all actions carried out on our Site using their username and password. Any User registered on the Site will be committed to any order placed with their identifiers, subject to the right of withdrawal (as provided in the General Conditions of Sale).
You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install our App (if any) and use the Service. You may not reproduce, distribute, publicly display, or publicly perform any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not: (a) decompile, reverse engineer, or otherwise access or attempt to access the source code of the Service, or make or attempt to make any modification to or derivative work of the Service or any of its components; or (b) interfere with or circumvent any feature of the Service, including without limitation any security or access control mechanism. You may not use the Service for any purpose other than a purpose for which the Service is expressly designed. You may not take any action that imposes an unreasonable load on the Site’s infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.
The Service and all materials and content available through the Service are PROVIDED “AS IS” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The Company disclaim all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the service, including but not limited to: (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade. The Company do not warrant that the Service or any part thereof will be accurate, up to date, uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected. You understand and agree that you use the Service and use, access, download, or otherwise obtain materials through the Service at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system used in connection with the service) or loss of data that results from the use of the Service or the download or use of such materials. Some jurisdictions may prohibit a disclaimer of certain warranties and you may have other rights that vary from jurisdiction to jurisdiction. Notwithstanding the foregoing the Company does not disclaim any warranty or other right that prose is prohibited from disclaiming under the applicable law.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvement to the Service (“Comment”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comment in any manner and for any purpose, including to improve the Service and create other products and services.
The Site may contain links to third party websites, services or other resources on the Internet, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites.
The Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by European and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of MadeByMe used and displayed in connection with the Service are registered and unregistered trademarks or service marks of the Company. Nothing in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without our prior written consent specific for each such use. The trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. Use of any MadeByMe trademarks as part of a link to or from any website is prohibited without our prior written consent, and all goodwill generated from the use of any Company’s trademark shall inure to our benefit.
“User Content” includes (a) photos and videos share by users on Instagram using our brand hashtags and that the Company may pull; (b) content submitted by users on the Service, such as written comments, reviews, recipes, photos and videos or shared with other users or recipients through the Service.
You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion
By uploading any User Content you hereby grant the Company a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Service, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
The products sold on the Service are for individuals only. The Company could not be held responsible for damage caused by misuse of products sold on its site or by failure to comply with precautions for use. The products shall comply with the requirements in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market. The products comply with the requirements of French law applying at the time they are placed on the market.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.
You agree to provide accurate and up-to-date payment information at the time you order any Product. We may use a third-party payment processor to facilitate purchases made on the Service. When you make a purchase through the Service, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor may use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information.
Confirmation of the order implies acceptance of the terms and conditions of this agreement. The Company sends an e-mail acknowledging receipt of the order and its payment as soon as possible. Any order modification by the consumer after confirmation of his order is subject to acceptance by the Company. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order.
The Company in its sole discretion may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulent or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. The Company in its sole discretion reserves the right to invalidate and/or not honour promotions codes or offers that are obtained through any party other than MadeByMe, including but not limited to, through third-party sites. The Company may modify or cancel an offer any time.
Products are offered and delivered within the limits of available stocks.
In the event of unavailability of the product ordered, the seller shall immediately inform the buyer and may offer him a product of equivalent quality and price or, failing this, a purchase voucher for the amount of the order that can be used for any future order. In the event of disagreement by the buyer, the seller shall refund the sums paid within 5 working days. Apart from the reimbursement of the price of the unavailable product, the seller is not obliged to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to him
Price may vary according to the country of delivery, the currency, the shipping mode. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order. In addition, in some countries outside European Union, the order might be subject to additional customs and shipping costs. The Company will not be held responsible for the payment of these additional costs and considers that it is the responsibility of the consumer to inquire about the customs duties of the country in which he is located.
For all products shipped outside European Union, customs duties and/or other local taxes or import duties or state taxes will be requested by local administrative bodies. These duties and costs are not the responsibility of the Company. They shall be borne by the buyer and be their responsibility, both in terms of declaration and payment to the authorities and/or relevant agencies in the country in question.
You changed your mind ? We accept Products for returns and exchanges :
To return or exchange your Product(s), please use the contact form or email us at firstname.lastname@example.org with your name, address, order number and the Product(s) you would like to exchange or return, and in case of an exchange, a picture of the damaged Product you want to exchange. After we receive your written request, we will respond with further instructions about returning the Product(s) to us. Once your return has been verified and accepted: (a) If you ask for a refund, we will make reasonable efforts to issue the refund within the next 30 days after receiving your Products return, by recrediting your credit car or bank transfer or other payment means depending of your initial payment method; (b) if you asked for an exchange, we will deliver the exchanged Products to you in our usual shipping timing.
We will process the order as soon as possible from Monday to Friday. We usually undertakes to ship orders within 24 hours after the validation of the order and subject to availability of stocks unless there are exceptional circumstances. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders. The Company can’t be liable for the late delivery caused by a case of force majeure.
Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Please refer to the Shipping page for the list of countries where we support Products delivery. Products comprised within the same order cannot be delivered to different addresses.
If the goods are delivered with obvious damage due to transport, the buyer must notify the delivery company without delay and must contact the Company immediately (email@example.com) to allow us to deal with complaints as soon as possible. All damage complaints made after the day of delivery might not be taken into account.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
These online sales Terms and Conditions are subject to French law and specifically to the regulations governing distance selling (articles L. 121 – 16 to L. 121 – 20 of the French Consumer Code), Directive 97/7/EC of 20th May 1997 on the protection of consumers in respect of distance contracts, and the Act of 1st August 2000.
In the event of a dispute, you should first contact the company’s customer service department by e-mail (firstname.lastname@example.org) or through our contact page to try to resolve the dispute informally.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
The Terms and Conditions of this agreement and all related matters are governed by the domestic laws of France. You hereby irrevocably submit to the exclusive jurisdiction of the courts of France in relation to all disputes arising from or related to this Agreement, your use of the Service and any related matters.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
You and the Company agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms shall be final and binding arbitration, rather than jury trials or class actions. any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the French arbitration association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent prose from seeking injunctive relief in a court of competent jurisdiction. judgment on the award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these terms shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted.
Assignability: You may not assign or transfer these T&Cs or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these T&Cs at any time without notice.
No Waiver: The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these T&Cs or any provision of these T&Cs constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Interpretation: Use of section headers in these T&Cs is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability: In the event that any part of these T&Cs is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Additional Terms: Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, these T&Cs.
Should you have any question regarding these T&Cs, feel free to use our Contact form.