GENERAL TERMS AND CONDITIONS OF SALE FRESH

The present general terms and conditions of sale apply to all and any orders placed on FRESH website by customers located in France (including Corsica) or in Monaco, Italy, Spain, Belgium, Netherlands and Germany.

Who we are

FRESH (hereinafter “the Seller”) is a company engaged in the creation and distribution of luxury perfume, skincare and cosmetic products under the trademark FRESH and the trademarks derived therefrom.

Complementary to the Seller’s network of selected retail, FRESH has wished to implement its own online sales website. FRESH trades products on its website solely for individual Consumers. Any order not corresponding to a retail sale and any fraudulent or assumedly fraudulent order shall be treated by FRESH as void and shall not be processed.

1. DEFINITIONS

Customer(s)” means the user(s) browsing the website and placing an order of Product(s) for personal use.

FRESH” means a French entity incorporated in France under the number 790084149 whose registered office is located at 5 rue du Commandant Pilot 92200 Neuilly-Sur-Seine – France. FRESH’s registered VAT number is FR35790084149.

FRESH is the editing company of the website and Salesforce Commerce Cloud is the website’s hosting company located in 415 Mission Street, San Francisco – CA 94105, USA Telephone : +353 1 440 3500. Electronic contact: available on FRESH’s website, via the « Contact US » icon.

Stéphanie David, as General Director of FRESH, is the publishing director

General Terms and Conditions of Sale” means these general terms and conditions applying to any and all sales of Products presented on the website.

Party(ies)” means collectively or individually FRESH and/or the Customer(s).

Product(s)” means all perfume, skincare and cosmetic products bearing the FRESH brand name, which are presented for sale on the website.

Website” means the FRESH online sales website, which is accessible via www.fresh.com/eu, and offers the Products for sale.

2. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale set out the terms and conditions under which FRESH shall proceed to the sale and delivery of Products ordered by Customers via the Website and define the Parties’ rights and obligations as to the sale of Products offered by FRESH on the Website.

The General Terms and Conditions of Sale can always be found by the Customer on: www.fresh.com/eu and shall be communicated to the Customer on simple request via the contact form available on the Website.

By placing an order for a Product offered on the Website, the Customer recognizes – by ticking the box of acceptation of the General Terms and Conditions of Sale – that he/she has been fully informed on and accepted such General Terms and Conditions of Sale without limitation before placing his/her order. This acceptance is in no way conditioned by a handwritten signature of the Customer.

The Customer can, at any time, save or print the General Terms and Conditions of Sale by clicking the “PRINT” icon, provided that he/she does not modify them. Please note that a copy of the latter will be sent to the Customer with the confirmation email of order.

FRESH reserves the right to amend, at any time, the General Terms and Conditions of Sale. In the event of an amendment of the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of the order and sent with the order confirmation email.

The General Terms and Conditions of Sale shall apply without limitation to any sale of Products on the Website, excluding any other document and particularly the conditions applicable to sales in stores or through any other distribution and marketing channel.

3. PRODUCTS

3.1 Products description

The Products offered for sale by FRESH are those presented on the Website at the date of connection of the Customer, within the limits of available stocks. FRESH reserves the right to withdraw Products from sale at any time.

FRESH puts the utmost care in the presentation of the Products on the Website. However, pictures illustrating the Products shall only be for information and are not contractual.

Indeed, while FRESH makes its best efforts to ensure that the color of the Products – whose photos are displayed on the Website – are faithful to the original, variations may occur (including slight differences in colors and proportions), particularly given the technical limitations of color renderings of computer equipment. Consequently, FRESH shall not be responsible if the Product varies from those images. The packaging of Products may vary from that shown in images on the Website.

For any question or concerns regarding the order and appropriate use of Products, the Customer may contact FRESH Customer Service:

  • via the contact form available on the Website, or
  • by email at contact@fresh.com

3.2 Products availability

The Products displayed on the Website are offered for sale within the limit of available stocks. FRESH does not guarantee the availability of the Products. In the event of the unavailability of one or several Product(s) after an order is completed, FRESH will inform the Customer at the earliest by email or telephone of the unavailability of the Product(s) and the partial or full cancellation of his/her order.

Should the order be totally cancelled for unavailability, the Customer’s order shall be automatically cancelled, and his/her bank account will not be charged.

Should the order be partially cancelled for unavailability:

  • The Customer’s order will be validated, and his/her bank account will be charged only with the amount of the Products actually sent,
  • The Customer will be informed at the earliest by email or telephone of the unavailability of the Product(s) concerned,
  • The Customer will receive the available Products.

4. PRICE

All Products prices are firm. Prices are given in euros all taxes included. The price in force is the one indicated for each Product on the Website.

These prices include all taxes applicable on the day of the order but exclude any delivery costs, which will be charged additionally and will be specified to the Customer prior to the order being finalised.

Delivery costs will be indicated to the Customer before the validation of the order. The present General Terms and Conditions of Sale provide various delivery methods, which may be modified at any time by FRESH.

The invoiced price is the price indicated to the Customer on the order confirmation page, which appears on screen at the order confirmation and is sent by FRESH to the Customer by email.

FRESH reserves the right, and the Customer accepts, to modify the price of the Products at any moment, without any further formalities than to make the changes available on the Website. These changes may not affect the orders validated by the Customer prior to the coming into force of these changes, subject to the availability of the Products ordered.

5. RESERVATION OF OWNERSHIP

The Products ordered shall remain the property of FRESH until complete payment of their value, including the main value of Products, as well as any costs and taxes included in the invoice/receipt, and the applicable delivery costs.

6. ORDERS

6.1  Conditions of ordering

FRESH only sells Products via the Website to Consumers. Products are solely intended for the Customer personal use, excluding any connection to his/her professional capacity. As a consequence, any order exceeding five (5) units bearing the same reference shall not be accepted as it is not presumed to correspond to the consumption and personal use of a Customer.

In the event of an order of Products exceeding this maximum, the order shall be considered as null and will not be taken into account by FRESH.

To place an order on the Website, the Customer must be of legal age, have legal capacity and hold a credit card or a gift voucher.

6.2  Order process

To place an order, the Customer must proceed to the following steps:

1. Fill in the virtual shopping bag by clicking on the icon “Add to cart” and indicating the Products concerned.

2.  Click on the button dedicated to finalize your order.

3. Check and modify, as the case may be, the content of the virtual shopping bag.

4. Identify yourself on the Website :

  • either by creating an account on the Website by clicking on the button “Create an account” and completing the form (some fields are required to validate the order),
  • Or by logging on to the Website by entering his/her email address and password if the Customer has already created an account, then clicking on the button “Login”.
  • Or connecting with Facebook
  • Or make your purchase as a guest (without creating a profile).

5. Fill in the identification form on which the Customer indicates all the personal details requested (complete identity, email address, telephone number, delivery address), except if the Customer chooses to place his/her order as a guest. Please refer to FRESH’s “Privacy Policy” for details on how FRESH collects and processes personal data.

6. Validate the delivery method chosen.

7. In the event that the invoice address and the identification details are the same as the details already given for delivery, validate the pre-filled fields with these details. Otherwise, indicate the invoice address and the identification details if they are different.

8. Tick the box “By validating your order, you accept the General Terms and Conditions of Sale”.

Until the “Proceed to payment” step, the Customer has the possibility to modify his/her order. This allows the Customer to correct any errors he/she could have made while completing the various fields.

As the Customer confirms his/her order by clicking on the “Proceed to payment” icon, the Customer can no longer modify or cancel his/her order before proceeding to payment.

9. At the end of the ordering process, the Customer is asked to click on the “Proceed to payment” icon. By clicking on, the Customer is redirected to the payment service (Carte Bleue, Sofort, Mastercard Visa et American Express, Paypal, Apple Pay et Klarna).

This does not constitute FRESH’s acceptance of the Customer’s order and a Contract between the Parties is not formed until the order is validated by FRESH as explained under Article 6.3 below.

6.3  Final validation of the order – How is a Contract formed?

Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer by FRESH. The order confirmation includes the summary of the Products ordered, the price, the delivery costs and the order number. It mentions the right of cancellation and contains the applicable General Terms and Conditions of Sale in PDF version.

The sale shall only be considered as definitive after the Customer validated the payment and received the order confirmation by email from FRESH.

The validation of payment by the Customer and the order confirmation email sent by FRESH constitute evidence of the acceptance of the order and its definitive validation. These elements worth chargeability of the sums engaged by the selection of the Products on the order.

6.4  Order refusal

FRESH reserves the right to refuse any order in the event of:

  • Number of Products ordered exceeds the maximum provided in the present Article 6.1;
  • Litigation with the Customer;
  • Total or partial non-payment of a previous order by the Customer;
  • Refusal of authorization of payment per credit card by payment agencies including ADYEN, which is the payment service provider used by FRESH to detect credit card frauds;
  • Abnormal nature of the order, particularly regarding quantities and/or amounts which does not correspond to the personal use of a final consumer.

7.   ARCHIVING AND PROOF OF THE CONTRACT

Communication between the Parties is done by email, which is accepted by the Customer. The storage of the order on FRESH's computer systems, the order confirmation and any communication between the Parties shall be considered as evidence of the contract.

The computerized records stored in the computer systems of FRESH and its partners shall be considered as evidence of any communications, orders and payments between the Parties.

Any order which amount exceeds a hundred twenty (120) euros shall be archived by FRESH for a ten (10) years period from the last delivery. The Customer has the possibility, at any time, to access the details of his/her order(s) by making the request via the contact form available on the Website.

8.   PAYMENT

Unless the server is unavailable, the Customer pays the order after final validation of the latter on the Website, by debit or credit card (Carte Bleue, Sofort, Mastercard Visa et American Express, Paypal, Apple Pay et Klarna). The Customer enters his/her credit card number, the expiration date of the credit card, the name of the cardholder and the card security code (the last three or four numbers on the back of the credit card).

Payment is made by using the secured server of the payment service provider ADYEN. This means that none of the Customer’s bank information is processed by FRESH or Salesforce on the Website. The payment by credit card is completely secured.

Any and all orders are payable in euros and are inclusive of VAT.

The credit card is charged at the time of dispatch of the order.

Cheque payments are not accepted.

The Customer guarantees FRESH that he/she has the authorizations required to use the chosen method of payment at the time of the order validation. In case of refusal of the bank, the order will be automatically cancelled and FRESH will not be responsible for the Customer’s order being cancelled.

The invoice will be available in the website in the account for the Customers identified on the Website.

To fight against fraudulent activities over the Internet, information pertaining to the orders is controlled by the payment partner designated by FRESH: ADYEN, which is a secure payment operator. This company is responsible for the automated storage and processing of information relating to each order, including bank card details, in a secure environment.

Information pertaining to the orders is subject to automated data processing, for which ADYEN is the manager. The purpose of this automated data processing is to define a level of analysis for transactions and to fight against fraud regarding payment methods, in particular credit card fraud.

ADYEN and FRESH are recipients of the data related to the Customer’s order. The non-transmission of the data related to the Customer’s order prevents the execution and analysis of the transaction. Please refer to FRESH’s “Privacy Policy” for details on how FRESH collects and processes personal data.

Should any payment incident occur in connection with a fraudulent use of a credit card or any other method of payment, the data set out on the corresponding order shall be recorded in a “payment incident” file implemented by ADYEN. Any incorrect declaration or anomaly may also be subject to a specific treatment.

The Customer has, at any time, the right to access, modify and delete his/her own personal data by writing to FRESH, giving a proof of his/her identity, via the contact form available on the Website.

If at any time the server is unavailable FRESH will be unable to accept orders through the Website and accepts no responsibility to the Customer for his/her inability to make an order.

9.   DELIVERY

9.1  Delivery address

The Products ordered by the Customer in accordance with the present General Terms and Conditions of Sale will be delivered to the postal address indicated by the Customer as delivery address when placing his/her order.

9.2  Delivery time / Delivery costs

Delivery time and costs depend on the delivery method chosen by the Customer when ordering.

Delivery time shall begin when the order confirmation email is sent.

For any delivery, the Products are delivered by Colissimo and the delivery costs are fixed at the amount stated on our Website from time to time.

Each parcel contains a delivery voucher which mentions the conditions and possible ways to return the Products received.

10. RECEPTION OF THE PRODUCTS

On receipt of the Products, the Customer undertakes to check the good condition of packaging and the conformity of the Products delivered with the order and inform FRESH of any error, damage to packaging, or non-arrival as soon as possible.

In the event of an error or irregularity concerning the delivery, especially deterioration or partial non-arrival of Products (missing Products comparing to FRESH’s invoice, delivery delay, etc.), the Customer shall inform FRESH via the contact form available on the Website within a maximum of ten (10) days counting from the receipt of the Products.

In the event that the Customer reported a missing product or a delivery delay, FRESH will make enquiry with the Carrier.

In case of a missing product, should said product be found before the indicated delivery date, the product will be redirected to the delivery address specified in the order form.

If the order or the missing product has not been delivered after the indicated delivery date, for any other reason than a case of force majeure, the Customer shall write to FRESH via the contact form available on the Website or via contact@fresh.com .

If the delivery is not carried out within a reasonable additional time, the Customer has the possibility to cancel the Contract by making a statement to that effect, by any means including email, post or using the contact form available on the Website. The Contract shall be deemed to be cancelled upon receipt by FRESH of the Customer's request informing of his/her decision (unless FRESH has performed in the meantime). In such a case, all the sums paid by the Customer (including delivery charges) will be returned to the Customer as a reimbursement as soon as possible and no later than fourteen (14) days from the date on which the Contract was cancelled.

11. RIGHT TO CANCEL AND PRODUCTS RETURN

The Customer may exercise his/her right to cancel within sixty (60) days from the date of the Customer’s receipt of the parcel.

To exercise his/her right to cancel, the Customer must make a clear statement to that effect, whether this be by email at contact@fresh.com or using the contact form on the Website.

FRESH shall acknowledge receipt of the cancellation without delay by sending an email to the Customer and a prepaid form for the return.

As from the exercise of his/her right to cancel, the Customer shall have an additional fourteen (14) days period to return the Products ordered.

Unsealed, open and/or used products shall not be accepted for return for hygiene and health protection reasons.

The Customer must return the Products in perfect condition and in original packaging, unopened, so that the Products can be remarketed, following the procedure described on the email of return confirmation sent by FRESH. The Products must be returned accompanied by the delivery note included in the shipment.

If the above conditions are fulfilled, FRESH shall reimburse to the Customer the total amount paid at the order of the returned Products, using the same manner as the payment for the order, excepted the costs of return, within a maximum period of fourteen (14) days from receipt of the returned products.

In case of a partial return of Products, the sole price of the returned Products shall be reimbursed by FRESH.

12. LEGAL GUARANTEE

FRESH guarantees that all the Products are conform to the use for which they are expected and present no defaults or hidden defects that render them dangerous or unsuited to their normal use.

When relying on the legal guarantee of conformity, the Customer shall:

  • Benefit from a two (2) years period from the Product delivery to bring an action;
  • Have the possibility to choose between repair or replacement of the Product, unless that choice results in a clearly disproportionate cost in relation to the other possibility, considering the value of the Product or the importance of the defect. FRESH undertakes to proceed, unless it is impossible, according to the Customer’s choice;
  • Not be required to provide with proof of a non-conformity during the twenty-four (24) months following the Product delivery.

The legal guarantee of conformity applies regardless of the commercial guarantee potentially offered to Customer.

If the Customer decides to implement the guarantee against hidden defects of the products sold, he/she may choose between the cancellation of the contract or a reduction of the selling price.

In the event of a lack of conformity of the Product delivered, the Customer have the possibility to return said Product to FRESH, in its original condition, necessarily bearing the original labels and accompanied by the original packaging and the delivery voucher, informing FRESH beforehand via the contact form available on the Website.

Failing the foregoing, FRESH shall not proceed neither to the repair nor to reimbursement of the defective Product returned.

In the event that the return of the defective Product was well founded, FRESH shall replace or reimburse the defective Product and the delivery costs, excluding any other compensation. Should the Customer’s choice has a clearly disproportionate cost with respect to the other possibility, FRESH shall proceed to the other possibility.

Under no circumstances shall repairs or replacements be requested and/or done in-store.

With the exception of the above assumptions, no replacement or repair of Product shall be accepted.

Reminder of articles L.217-3 to L.217-5 of the French Consumer Code and articles 1641 and 1648, first paragraph of the French Civil Code:

- Article L.217-3 of the Consumer Code:

"The seller delivers a good in conformity with the contract (...).

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the date of delivery.

- Article L217-4 of the Consumer Code:

The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1. It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract ;

2. It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3. It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;

4. It is updated in accordance with the contract.

- Article L.217-5 of the Consumer Code:

In addition to the criteria of conformity to the contract, the good is conform if it meets the following criteria:

1. It is fit for the purpose usually expected of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2. Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3. Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4. Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5. Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label. (...)

Article 1641 of the Civil Code:

"The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price if he had known of them."

- Article 1648 of the Civil Code, 1st paragraph:

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

13. FRESH’S LIABILITY TO THE CUSTOMER

FRESH shall only be held liable for due care. Only the Customer shall judge whether the Products ordered are appropriate and adapted to his/her needs and consumption.

FRESH shall assume no liability if the Customer uses the Product(s) without complying with their instructions for use.

Before placing an order, the Customer declares his/her full legal capacity entitling him/her to transact according to the present General Terms and Conditions of Sale. FRESH shall assume no liability as to the confirmation of the Customers or visitors’ legal capacity. As a result, if a person who does not have legal capacity orders Products on the Website, his/her legal guardians shall assume responsibility of such order and, in particular, honor its payment.

FRESH makes no warranties that the Website will be available on an uninterrupted, timely, secure or error-free basis. Especially, FRESH shall not be held liable for:

  • Interruptions, malfunctions, or delays recorded on the Website due to technical failures, a case of force majeure, or because of third parties or any other circumstances beyond FRESH’s control;
  • The impossibility or temporary inability for the Customer to access the Website, due to circumstances which are beyond FRESH’s control, such as computer breakdown, interruptions of the telephone network, the Internet, or the failure of the Customer's reception equipment for the Internet.

FRESH shall not be held liable for (i) the loss or alteration of or fraudulent access to the Customer’s personal data of its own making, (ii) the accidental transmission of viruses or other disruptive components resulting from the access to the Internet or email communications.

Without limiting any other provisions of the present General Terms and Conditions of Sale, FRESH shall only accept liability for a fault which is duly proven and exclusively attributable to FRESH. Liability is strictly limited to direct damages. FRESH reserves the right to suspend access to the Website at any time.

14. COMPLAINTS INFORMATION

For any information, complaints or question relating to the terms and conditions of sale on the Website or to the Products, Customers shall contact FRESH's customer service via the contact form available on the Website, when appropriate by using their order number ou via email contact@fresh.com.

15. FORCE MAJEURE

FRESH shall not be held liable for improper performance or partial or total non-performance of the obligations hereunder, if this is due to the Customer, or any unforeseeable and unsurmountable act of a third party, or a case of force majeure as defined by caselaw. These events shall justify the interruption and/or extinction of FRESH’s obligations, without the Customer being entitled to any compensation or damages.

16. INTELLECTUAL PROPERTY RIGHTS

Any and all intellectual property rights attached to the Products presented for sale on the Website are and shall remain the exclusive property of FRESH. All rights are exclusively reserved. Therefore, no one is authorized to reproduce, exploit, disseminate or use in any way, even partially, said intellectual property rights, unless FRESH’s prior written consent has been obtained. FRESH's trademarks and logos are registered trademarks. Consequently, any reproduction is an infringement.

17. ENTIRE AGREEMENT

The present General Terms and Conditions of Sale, the order summary communicated to the Customer and the order confirmation email constitute the entire agreement between the Parties. These are the sole binding and enforceable contractual documents between the Parties, excluding any other document or photograph of the Products which shall only be considered as indicative.

18. APPLICABLE LAW AND JURISDICTION

The present General Terms and Conditions of Sale and the contractual relationship between FRESH and the Customer shall be governed and construed in accordance with the laws of France unless local law is of public order or more favorable to the Customer. All disputes or differences that may arise in connection with or in relation to these General Terms and Conditions of Sale, or in connection with the relationship between the Parties, shall be first submitted to a consumer mediator. Should no amiable settlement be reached, any disputes will be submitted to and definitively settled by the Courts of France.

The Customer is also informed of the possibility of resorting, in case of dispute, to the procedure of mediation of consumption. The mediation service of FRESH is the online mediation service of the CMAP (Mediation and Arbitration Center of Paris) accessible at the URL address: http://www.cmap.fr/ or at the postal address: CMAP (Service Médiation de la Consommation) - 39 avenue Franklin D.Roosevelt - 75008 Paris. For the referral to CMAP to be admissible, it must include: the postal address, email and telephone number of the Customer as well as the full name and address of FRESH, a brief statement of the facts, and proof of prior steps taken. A dispute must be addressed in writing to FRESH's Customer Service before any request for mediation to CMAP via the postal address or via email contact@fresh.com.

19. NON-WAIVER

Even if FRESH delays in enforcing the Contract, it can still enforce it later. If FRESH does not insist immediately that the Customer does anything he/she is required to do under these General Terms and Conditions of Sale, or if FRESH delay in taking steps against the Customer in respect of he/she breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent FRESH taking steps against the Customer at a later date.