TERMS AND CONDITIONS OF SALE
2. Company identity
3. Access to the site
4. Contract and order formation
6. Selection of products
7. Delivery and reception
8. Delivery problems due to the transporter
9. Product return
10. Product warranty
11. Right of retraction
12. Rights of ownership
14. Force majeure
15. Partial non-validity
17. Applicable law and legal jurisdiction
The purpose of the general terms and conditions of sale is to inform potential customers of the terms and conditions of sale and delivery of products ordered on the www.directpcw.com shop. In addition, the purpose is to define the rights and obligations of the parties in connection with the sale of products by the seller to the customer.
These conditions apply, without restriction or reservation, to all sales by PCW of products and services offered on its website www.directpcw.com.
All the products sold on the website www.directpcw.com are intended for perfumery exclusively for professional use by professionals.
When a buyer visits or orders a product or service on the website www.directpcw.com, this implies full and complete acceptance of these general conditions of sale of which the buyer acknowledges having read prior to their order.
According to these terms and conditions, the purchaser prior to placing their order, declares that they have full legal capacity, allowing them to commit to these general conditions of sale.
PCW reserves the right to modify these general terms and conditions of sale at any time.
2. COMPANY IDENTITY
45 Boulevard Marcel PAGNOL
Siren : 337 530 372 00057
SAS au capital de 250000 Euros
Numéro individuel de TVA: FR77 337 530 372
3. ACCESS TO THE SITE
The customer is personally responsible for setting up the IT and telecommunications resources required to access the PCW website, www.directpcw.com.
The customer shall bear the cost of telecommunications when accessing the Internet and using the site.
4. CONTRACT AND ORDER FORMATION
The online selling price of products on the PCW website, www.directpcw.com indicated in euros, are those in effect at the time of registration of the order form by the buyer.
They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs will be indicated before the order is registered by the buyer if shipping is offered.
Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of products sold by PCW, www.directpcw.com.
The selling prices of the products can be modified by PCW at any time. This modification will be notified to the buyer before any order is placed.
4.2. Product Characteristics
In accordance with article L. 111-1 of the French Consumer Code, the purchaser may, prior to ordering, consult the essential characteristics of the products he or she wishes to order on the PCW Website www.directpcw.com.
The purchaser selects one or more products from the different categories offered on the PCW website, www.directpcw.com.
PCW reserves the right to modify the product range according to the constraints of its suppliers.
The descriptions of the products offered for sale are indicative only and do not bind the seller.
In the event that a supplier modifies a product, the graphic representation of the product shall not affect the seller's responsibility or affect the validity of the sale.
Any order implies unrestricted and unreserved acceptance of these general terms and conditions of sale.
The purchaser's order must be confirmed by PCW, by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the customer on the order form.
The sale will not be considered final by PCW, until payment is received in full.
PCW, recommends that the purchaser keep this information on paper or electronically.
The computerised records, kept on PCW's computer systems, will be considered as proof of communication, order and payment between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable system that can be produced as proof.
5.1 Payment Terms
Full payment must be made at the time of ordering by the purchaser. At no time may the sums paid be considered as a deposit or installments. All orders are payable in euros.
Online credits/discount vouchers are issued exclusively by PCW and can only be used on its website. They are valid for one year from the date of issue. Credit notes and discount vouchers are neither exchangeable nor refundable.
Payment is made by credit card (see detail below). The credit cards accepted on the site are: French Carte Bleue and Visa.
The buyer guarantees to PCW that by registering the order that they have the necessary authorisations to use the chosen payment method.
PCW, reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the purchaser or in the event of a payment incident.
Penalties equal to the legal interest rate plus five points shall automatically apply to unpaid amounts as soon as bank payment is rejected. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
PCW, reserves the right to request a photocopy of the purchaser's official identification for any payment by credit card.
As part of the fight against Internet fraud, information relating to your order may be transmitted to third parties for verification. In order to ensure the security of payment by credit card, the customer is obliged to enter the visual cryptogram (CVV) of their credit card.
In order to guarantee the security of payments, the site www.directpcw.com uses the secure payment service Sogenactif of the bank SOCIETE GENERALE. This service integrates the SSL security standard. Confidential data (16-digit credit card number and expiry date, CVC code) are directly transmitted encrypted on the bank's server without transfer to the server used by www.directpcw.com.
When the order is validated:
- The payment request is routed in real time to the secure telepayment service.
- The telepayment service sends a request for authorisation to the credit card network.
The telepayment service issues an electronic certificate that will be used as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.
5.2 Payment Process
When using the www.directpcw.com store the buyer’s order is validated as described below.
This validation implies the acceptance of general conditions of sale. Each order will be taken into consideration only after acceptance of the payment.
For the first order, an account must be created on the www.directpcw store by completing the following information : title, surname, first name, complete delivery address, e-mail, telephone number and date of birth. A password will also be created.
After having clicked on the « confirm » icon and checked the details of the order (volume, price), the buyer can then click on their product selection to validate the order.
This payment is made directly on the online payment platform. Credit card payments on the www.directpcw.com store are totally secure and guaranteed by Sogenactif.
After the customer has validated the payment method, the order will be finalised and definitively and irrevocably validated by following the instructions indicated below.
Please note that the payment is not made immediately on the website www.directpcw.com . The transfer of the money is made within five calendar days after validation of the order and inventory verification.
5.3 Payment Security
www.directpcw.com checks all orders that have been validated on their site in order to protect the company from abusive and fraudulent practices.
6. CHOICE OF PRODUCTS
It is the sole responsibility of the buyer, to take note of the products and their characteristics, marketed by PCW, and to make a product selection according to previously determined needs.
In addition, the purchaser, is the sole judge as to the compatibility of the products ordered with those currently used.
It is the sole responsibility of the purchaser to be advised in this matter.
7. DELIVERY AND RECEPTION
The products will be delivered to the address indicated by the buyer on the order form.
The invoice for an order can be downloaded and printed from the order details available on the PCW website, www.directpcw.com. The billing address shown on the invoice will be the one chosen by the customer.
Failure to comply with the procedures set out below shall result in no claim being made by the purchaser.
7.2 Delivery by FEDEX / TNT
In the event of absence, the purchaser or the addressee of the ordered products receives a delivery notice, from which to contact the FEDEX / TNT carrier at the address indicated on the delivery notice. A new delivery day can then be agreed upon.
In addition, the FEDEX / TNT carrier will make two additional trips on the two working days following the first trip. If, at the end of these three delivery attempts, delivery has still not been made, the purchaser or the recipient of the order will be informed that his package will be kept for a period of five working days at the nearest FEDEX / TNT centre. The purchaser or the recipient of the order may collect the package from this centre. After this date, the package will be returned to PCW.
There can be no dispute relating to the delivery if the package appears to have been delivered, as the carrier's computer system is definitive.
7.3 Delivery Delays
The delivery times will be between 2 – 15 working days.
In the event of exceeding these deadlines by more than 7 days and the delay not being due to a case of force majeure, the purchaser will have the possibility to cancel the order by registered letter with acknowledgement of receipt sent to the following address:
45 Boulevard Marcel PAGNOL
PCW will then proceed to an investigation with the carrier involved prior to the refund of the undelivered ordered products.
The buyer may exercise the right to cancel their order for non-delivery within the contractual period, within a maximum period of sixty working days. This date is taken from the latest date indicated for the delivery of the products. If delivery has not taken place between the sending and receipt of the buyer’s registered letter, the order will be considered cancelled.
The totality of the sums paid by the purchaser will be reimbursed if the entire order is returned, or if the investigation with the carrier concludes that the products ordered by the buyer have been lost. The sums paid will then be returned in the form of a credit note or refund, at the purchaser's request, as soon as possible and at the latest within thirty days following the date on which the purchaser has exercised their right to obtain the cancellation of the order.
8. DELIVERY PROBLEMS DUE TO THE TRANSPORTER
Any issue concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be indicated in handwriting on the delivery note, accompanied by the customer's signature. The customer must also at the same time notify the carrier of this issue by sending a registered letter with acknowledgement of receipt and a statement of the complaints within two working days following the delivery date. The customer must send a copy of this letter by post to:
45 Boulevard Marcel PAGNOL
9. PRODUCT RETURN
The buyer must submit to PCW, on the same day of delivery or at the latest on the first working day following delivery, any claim of error and/or non-conformity of the products in kind or in quality.
To return an item, simply follow the instructions below:
1. Use the original packaging to return the product(s).
2. Indicate the returned product(s) on the Delivery Note. PCW, does not accept returns without this Delivery Note.
3. Send your package to the following address:
45 Boulevard Marcel PAGNOL
Please note that PCW only accepts prepaid packages.
Any risk related to the return of the product is the responsibility of the buyer.
In the absence of compliance with the procedure set out above and the deadlines indicated, the purchaser may not make any claim for non-conformity or defect of the delivered products, the products being then deemed to be in conformity and free of any defect.
10. PRODUCT WARRANTY
In accordance with Article 4 of the French Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all of the consequences of hidden defects in the sold goods.
The customer is expressly informed that PCW is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the product may be held liable by the consumer, on the basis of the information on the packaging of the said product.
11. RIGHT OF RETRACTION
In accordance with Article L. 121-20 of the French Consumer Code, the purchaser has a period of seven clear days from the date of receipt to return the ordered products for refund.
The products must be returned to PCW, in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed return form in accordance with the procedure described in Article 9 above.
12. RESERVATION OF OWNERSHIP
PCW, retains full and complete ownership of the products sold until full payment of the price, in principal, with fees and taxes included.
PCW cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product due to force majeure, disruption, or total or partial strike, in particular of carrier services and transportation and / or communications. PCW, cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products.
PCW, cannot be held responsible for any loss of data files. It is the buyer's responsibility to make all necessary backups.
The PCW site also contains information from third parties, and links to other websites. PCW shall in no event be liable for any damages resulting from the use of, access to, or inability to use such third-party information, or the content of other websites.
While taking the greatest care to put information and data online, PCW cannot be held responsible for any inaccuracies, errors or omissions that may have appeared in the product description provided by the manufacturers.
PCW cannot be held responsible for typographical errors on the site. Similarly, the photographs and graphics of the products in the site's catalogue in support of the text, are indicative only and do not fall within the scope of the contract. The photos and graphics therefore do not bind PCW, for any inaccuracies or errors that may be introduced.
14. FORCE MAJEURE
The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them. The two parties will then communicate within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the sale will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
In addition to those usually retained by the law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: blocking means of transport or supply, earthquakes, fires, storms, floods, lightning; stopping telecommunications networks or difficulties specific to telecommunications networks external to customers.
15. PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation in question.
17. APPLICABLE LAW AND LEGAL JURISDICTION
Sales of PCW products are subject to French law. Any dispute relating to the interpretation, performance or termination of the contract concluded between PCW and the purchaser, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of Grasse, France.
PCW collects personal data. This data is necessary to manage your order. This data includes contact details, address, email and phone numbers. This data may be transmitted to companies that contribute to the relations, particularly around payment and delivery.
PCW reserves the right to install cookies on the computers of visitors to its website www.directpcw.com . A cookie does not allow us to identify an individual. In general, it records information about an individual’s computer browsing on our site (the pages visited, the date and time of the visit, etc.) that we can read on the customer’s subsequent visits. In this case, it contains the information that the customer has provided us. This way, the purchaser will not need to fill in the form we have proposed again during their next visit.
According to the French Data Protection law (known as “Informatique et Libertés”) of January 6, 1978, customers have the right to access, rectification and erasure of personal data. For this purpose, the customer can simply write to us at PCW, Aromagrasse, 45 Boulevard Marcel Pagnol, 06130 Grasse, France.
Please include: first name, surname, email and mailing address.
Depending on the choices that were made by the customer when creating or viewing their account, the customer may receive offers and invitations from PCW. If the customer no longer wishes to receive them, they may at any time request to unsubscribe by unchecking the box on the customer account page or by sending an email to firstname.lastname@example.org
PCW will retain and use customer information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.