Terms of service
General Terms and Conditions of Sale
Article 1 General:
These general terms and conditions of sale define the rights and obligations of each party when selling services related to the sale of FiiLiT Parfum du voyage perfumes or services related to the sale by the seller.
These general terms and conditions of sale, as well as the prices, may be modified at any time without notice, except in the case of specific agreements with the customer. The changes will have no impact on current orders.
The customer using Feel Diffusion (FiiLiT Parfum du voyage) acknowledges having read these general terms and conditions of sale and accepts them without reservation.
Article 2 The Parties to the contract:
The term "customer" refers to any legal entity or individual using Feel Diffusion for perfume sales services or any associated materials.
The term "third party" refers to any natural or legal person who is not a party to the contract.
The term "service provider" refers to Feel Diffusion.
The applicable GTC are those in effect on the date of the order or payment (or the first payment in the case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website at https://fiilit.com/fr/conditions-generales-de-ventes of the fiilit.com website.
The Customer declares that they are able to legally contract under French law or validly represent the natural or legal person for whom they are committing.
Unless proven otherwise, the information recorded by the Company on the fiilit.com website constitutes proof of all transactions.
Article 3: Characteristics of the Products and Services Offered
The products and services offered are those listed in the catalog published on the website. These products and services are offered while stocks last. Each product is accompanied by a description prepared by the publisher based on the descriptions provided by the supplier. The product photographs in the catalog reflect a true and fair view of the products and services offered but are not contractually binding, as they cannot guarantee a perfect match with the physical products.
Customer service for this site can be reached by email at the following address: parfumduvoyage@fiilit.com or by post at the address indicated in the legal notices, in which case the publisher undertakes to provide a response within 7 days.
Feel Diffusion also provides its users and customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted by phone at +33(0)160139045 (cost of a local or international call depending on your telephone operator and your geographic location)
Article 4: Prices
In Europe, except for existing professional customers whose prices are indicated excluding VAT (VAT is applied to the shopping cart) or unless otherwise stated, the prices listed in the catalog are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order. In North America, the prices listed in the catalog are in Canadian Dollars (CAD) or US Dollars (USD) excluding taxes. As is customary, state or local taxes are applied from the shopping cart according to the billing address.
Feel Diffusion reserves the right to pass on any change in the VAT rate or state and local taxes to the price of products or services. The publisher also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day the order is placed will be the only one applicable to the buyer.
Article 5: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions comply with the applicable regulations relating to the safety and health of individuals, fair commercial transactions, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with the legal provisions regarding conformity and hidden defects (Art. 1641 of the French Civil Code), the Seller will refund or exchange defective products or those that do not correspond to the order. Refunds can be requested by email or in writing to the following address parfumduvoyage@fiilit.com or by post to FeeL Diffusion, 8 rue de Paris, 91570 Bièvres, in which case the service provider undertakes to respond within seven (7) days.
Article 6: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
All elements published on the fiilit.com website belong to the publisher or a third-party agent, or are used by the publisher on the website with the permission of their owner. Any copying of logos, textual content, pictograms, or videos, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting. Any member found guilty of counterfeiting may have their account deleted without notice or compensation, and without this deletion constituting any damages, without prejudice to any subsequent legal action against them, at the initiative of the publisher of this site or its agent.
This site uses elements (images, photographs, content) for which the following credits go to: Prestashop, Unsplash, Ingimage, Editioneo, Behave, Flair, Feel Diffusion, Slow Cosmetics, Cosmébio, Peta.
Article 6.1 Trademarks
The trademarks and logos contained on the site are registered by Feel Diffusion, or possibly by one of its partners, in particular to allow customers of the products distributed to identify the partner brands (unless otherwise stated by them). Any person engaged in their representation, reproduction, embedding, distribution, or redistribution is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.
The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
Article 7: Terms of Delivery and Availability
The Seller reminds that the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
If an item is unavailable for a period exceeding 14 business days, you will be immediately notified of the expected delivery time, and the order for this item may be canceled upon request.
The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.
Shipping costs will be indicated to the customer before any payment and only apply to deliveries made within France, the European Union, Switzerland, and the United Kingdom, or to the North American continent, Canada, and the United States. For any other delivery location, the customer is responsible for contacting customer service.
Unless otherwise stated on the website during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum of 15 days after receipt of the order.
The buyer may refuse a package upon delivery if they notice an anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise their right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. If these requirements are not complied with, the buyer will not be able to exercise his right of refusal, and Feel Diffusion will not be obliged to grant the buyer's request to exercise his right of refusal.
If the buyer's package is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the buyer upon receipt of the returned package to ask him what to do with his order. If the buyer has refused the package by mistake, he may request that it be resent by paying the postal charges for the new shipment in advance. Postage costs must be paid even for orders where shipping was free at the time of ordering.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the customer is not a professional and the contract entered into to acquire the good or service allows for withdrawal, according to Article L 121-21-8 of the French Consumer Code), any product to be exchanged or refunded must be returned to Feel Diffusion in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the buyer cannot be attributed to Feel Diffusion.
In accordance with Article L.121-21 et seq. of the French Consumer Code, and if the right of withdrawal is applicable, the consumer has 14 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, excluding return shipping costs, within fourteen days of Feel Diffusion receiving the refund request. The product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. If the above requirements are not met, the buyer will lose their right of withdrawal and the product will be returned at their expense.
It is recommended that the buyer return the product using a trackable method. Otherwise, if the returned package does not reach Feel Diffusion, it will not be possible to initiate an investigation with the postal services to request their location.
Return shipping costs in the event of withdrawal remain the buyer's responsibility.
After receiving and accepting the complaint, Feel Diffusion will inform the buyer by email or telephone of the terms and conditions for exchanging or refunding the products. To properly process the request, the customer is asked to include a copy of the invoice with any complaint. Reimbursements will be made by check or bank transfer.
Any delivery delay exceeding fourteen business days may result in the cancellation of the sale at the consumer's initiative, upon written request by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum of fourteen days, for the amounts paid when placing the order. This clause does not apply if the delivery delay is due to force majeure. In such cases, the customer agrees not to take legal action against the site or its publisher and waives the right to terminate the sale provided for in this article.
Feel Difusion guarantees the Colissimo return service according to the following specifications:
Weight: up to 30 kg
Size: L+W+H < 150cm
Indicative delivery times: 2 to 10 days, depending on the parcel's country of origin
Service level: Signature delivery
Integrated insurance up to €33/kg
Return to sender service included in the offer for undelivered parcels
List of eligible countries*:
Zone 1: Germany, Belgium, Luxembourg, Netherlands
Zone 2: Austria, Spain, Italy, Ireland, Portugal, United Kingdom
Zone 3: Estonia, Hungary, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Switzerland**
Zone 4: Croatia, Finland, Greece, Malta, Romania
Zone 5: Australia***
*This list is subject to change during the year
** Returns are possible from Switzerland for packages valued less than 62 CHF
*** Returns are possible from Australia for packages valued less than 1,000 Australian dollars
Article 8: Invoices and Payments
All orders or services generate an electronic invoice addressed to the customer at their billing address.
Unless an additional payment deadline is agreed upon by both parties and appears on the invoice, payment is due no later than the 30th day following the invoice date (French Commercial Code, art. L. 441-6, para. 2, amended by the law of May 15, 2001). A late payment penalty of 10% of the total invoice amount may be applied (Law 2008-776 of August 4, 2008), a minimum fixed recovery fee of €40 (Decree 2012-1115 of October 2, 2012), or the return of delivered products. Payments can be made by bank transfer or check payable to Feel Diffusion, with no discount for early payment.
On the fiilit.com website, payment is due immediately upon ordering, including for pre-ordered products. Users can place orders on this site and pay by credit card or PayPal.
Credit card payments are made using secure transactions provided by an online payment platform provider (Stripe).
This site does not have access to any data relating to the user's payment methods. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the case of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the Seller, which may be proven by any means. Product availability is indicated on the website, in the description sheet for each item.
Article 9: Guarantees
In accordance with the law, the Seller provides the following guarantees: conformity and against hidden defects in the products. The Seller will refund or exchange products that appear defective or do not correspond to the order placed.
Refunds can be requested by email or in writing to the following address parfumduvoyage@fiilit.com or by post to Feel Difusion, 8 rue de Paris, 91570 Bièvres, in which case the service provider undertakes to respond within seven (7) days.
Warranty for purchased products:
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;
Article 9.1 Guarantee of conformity
According to Articles L. 211-1 to L. 212-1 of the French Consumer Code, the seller is required to deliver goods that conform to the contract and to be liable for any lack of conformity that exists during delivery of the goods. The guarantee of conformity may be exercised if a defect were to exist on the day the product was taken possession of. However, when the defect appeared within 24 months of this date, it is presumed to meet this condition. However, after this 24-month period, it will be up to the customer to prove that the defect existed at the time the item was taken possession of.
In accordance with Article L. 211-9: "In the event of a lack of conformity, the buyer shall choose between repair and replacement of the item. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the item or the extent of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."
Article 9.2 Warranty for Hidden Defects
According to Articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the product, for example), and be sufficiently serious (the defect must either render the product unfit for its intended use, or impair this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price had they been aware of the defect).
Article 9.3
The products supplied by the seller benefit, in addition to the legal warranty which is, where applicable, always applicable to them, from a warranty specific to the site and provided by Feel Diffusion, under the following conditions:
"- The package is returned unopened, we will refund the price of the package and any shipping costs in Metropolitan France
- The product is returned at your own discretion, we will refund the price of the product, with the return shipping costs remaining your responsibility.
- The product is returned due to our responsibility, we will refund the product, the shipping costs shipping and returns within mainland France.
- Products whose packaging has been opened and/or used cannot be returned.
Complaints, requests for exchanges, or refunds for non-compliant products must be made by post or email to the addresses indicated in the website's legal notices, within thirty days of the delivery date (this period does not apply in cases of hidden defects, as stipulated above).
In the event of non-compliance of a delivered product, it may be returned to the seller, who will exchange it. If the product cannot be exchanged (obsolete product, out of stock, etc.), the buyer will be reimbursed by check or bank transfer for the amount of their order.
Article 10 Protection of Website Data and Personal Data
Article 10.1 Archiving
Feel Diffusion will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
Article 10.2 Complaints
Any complaint related to the use of the website, the service offered on this site, or any other related service, the site's pages on any social media, or the general terms and conditions, legal notices, or personal data charter must be filed within 365 days of the date the problem giving rise to the complaint arose, regardless of any law or rule of law to the contrary. If such a claim is not filed within 365 days, such claim will be forever inapplicable in court.
Article 10.3 Inaccuracies
It is possible that throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that is inconsistent with the general terms and conditions, the legal notices, or the personal data charter. Furthermore, it is possible that unauthorized modifications may be made by third parties to the website or related services (social networks, etc.). We make every effort to correct such discrepancies.
In the event that such a situation is unobserved, please contact us by post or email at the addresses indicated in the website's legal notices, with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For copyright inquiries, please refer to the Intellectual Property section.
Article 11: Force Majeure
The seller's performance of its obligations hereunder shall be suspended in the event of the occurrence of an unforeseeable event or force majeure that prevents its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 12: Nullity and Modification of the Contract
If any of the provisions of this contract were to be canceled, this nullity would not entail the nullity of the other provisions, which would remain in force between the parties. Any contractual modification is only valid after written agreement signed by the parties.
Article 13: Protection of Personal Data
In accordance with Regulation 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing process for the purpose of selling and delivering the products and services defined in this contract.
Article 14: Applicable Law and Clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law. The invalidity of a contractual clause does not invalidate these general terms and conditions of sale.
Article 15: Consumer Information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
Article 1648 of the Civil Code: An action resulting from latent defects must be brought by the purchaser within two years of discovering the defect.
In the case provided for in Article 1642-1, the action must be filed, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
1° If they are suitable for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code: Actions resulting from a lack of conformity are time-barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer requests the seller, during the commercial warranty granted to him upon the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period begins on the date of the request. of the buyer's intervention or the provision of the item in question for repair, if this provision occurs after the request for intervention.
Withdrawal Form
In accordance with Article L121-17 of the French Consumer Code ("Hamon Law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the website, to be sent to Feel Diffusion by registered mail with acknowledgment of receipt. It is understood that the customer will bear the cost of returning the goods in the event of withdrawal, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this withdrawal can only take place under the conditions of withdrawal stipulated in these general conditions of sale.
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To the attention of Feel Diffusion, 8 rue de Paris 91570, Bièvres, France
Name, First Name and Address of the Customer:
Date of mail:
Subject: Withdrawal
Madam, Sir,
I wish to exercise my right of withdrawal provided for in Article 121-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website https://www.fiilit.com and relating to the following goods :
Order date:
Total amount including VAT:
Counting on your full cooperation,
Please accept, Madam, Sir, my sincere greetings.
Signature:
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All rights reserved – May 1, 2020