Terms of sale
These terms and conditions of sale and use (the "Terms") govern the use of the olfaparfum.fr website (the "Site") and the sales of perfumes and cosmetics concluded on it between Aroma Logistics Co, sole proprietorship (EI, the French status of individual entrepreneur) (the "Seller", "we", "us") and any natural person acting for purposes outside their trade or profession (the "Customer", "you").
The Site is intended exclusively for consumers; any order intended for resale is subject to separate terms and a prior written agreement. By placing an order, you declare that you are of legal age and have the legal capacity to enter into a contract.
Three documents form an integral part of the Terms:
- the return and refund policy — olfaparfum.fr/policies/refund-policy;
- the shipping policy — olfaparfum.fr/policies/shipping-policy;
- the privacy policy — olfaparfum.fr/policies/privacy-policy.
In the event of any conflict between these documents and these Terms on a point affecting your consumer rights, the provision most favourable to the Customer shall apply. No stipulation of the Terms or of an annexed policy may deprive you of the rights you hold under mandatory provisions of public policy.
Before confirming your order, you expressly accept the Terms; this acceptance constitutes acknowledgement that you have read them. They are accessible at any time on the Site in a format that allows you to save and print them.
1. Initial provisions
- Seller and publisher of the Site: Aroma Logistics Co, sole proprietorship (EI, the French status of individual entrepreneur), operating under the business name , trade sign Olfazeta by Chogan
- Registered office: 231 rue Saint-Honoré, 75001 Paris, France
- SIREN 102 212 289 — activity 47.91B, distance selling from a specialised catalogue
- Email: help@olfazeta.fr — online assistance available on the Site
- Telephone: our number, which is not a premium-rate number (article L. 121-16 du code de la consommation, the French Consumer Code), appears in the legal notice of the Site, accessible from every page. Email and online assistance remain the fastest channels and the only ones that keep a written record.
- Publication director: Aroma Logistics Co
The business is carried on under a trade name: a sole proprietorship has neither share capital nor a registration number distinct from the SIREN, and the abbreviation "EI" accompanies the name (article R. 526-27 du code de commerce, the French Commercial Code). The names "Aroma Logistics Co" and "the Seller" refer to one and the same person. VAT regime: basic exemption scheme (franchise en base) (article 293 B du code général des impôts, the French General Tax Code, see section 5).
Hosting. The Site is hosted on the Shopify platform: Shopify International Limited, a company incorporated under Irish law No. 560279, The Sidings, 4th Floor, Grand Canal Quay, Dublin D02 E7K8, Ireland. Shopify is not the seller and is not a party to the contract: the right of withdrawal, the legal warranties and all the obligations described here are incumbent on us alone.
2. Subject matter, acceptance, language and customer account
2.1. The Terms apply to all orders placed on the Site, to the exclusion of any other terms. Our failure to rely on a stipulation at any given time does not constitute a waiver of the right to rely on it later.
2.2. The Terms applicable to an order are those in force on the date it is confirmed. A subsequent amendment has no effect on orders already placed.
2.3. Confirmation on a durable medium. In accordance with article L. 221-13 du code de la consommation (French Consumer Code), we send you on a durable medium, at the latest at the time of delivery, the confirmation of the contract including the information required by article L. 221-5 and the model withdrawal form (Annex A).
2.4. Languages. The Site is offered in several languages. Each language version is contractually binding in the market where it is offered; in the event of a discrepancy, the version drafted in the language in which you placed your order prevails with respect to you. This rule cannot deprive you of the protection you enjoy under the law of your country of residence (section 14).
2.5. Customer account and access to the Site. Creating an account is not required to place an order. If you create one, you undertake to provide accurate information and to keep your login credentials confidential; notify us without delay at help@olfazeta.fr in the event of any unauthorised use. You are responsible for the use made of your account, except where that use results from a fault on our part or from a circumstance not attributable to you. You may request its closure at any time, without giving a reason: closure has no effect on pending orders or on your rights relating to orders already delivered. Access to the Site may be interrupted, in particular for maintenance; such interruptions engage our liability only within the limits of section 9.
3. Our products
3.1. We sell perfumes and cosmetic products intended for personal use. They are neither medicinal products, nor medical devices, nor food supplements. They comply with Regulation (EC) No 1223/2009 on cosmetic products.
3.2. Precautions for use and storage. Perfumes and cosmetics contain alcohol and fragrance substances that may cause reactions in some people. Read the labelling and the list of ingredients before use, follow the precautions indicated and, if you have a history of allergies, seek the advice of a healthcare professional. Keep out of reach of children. Alcohol-based perfumes are flammable: do not expose them to a flame or a source of heat. Store the products away from light, heat and humidity, and observe the period after opening (PAO) or the minimum durability date indicated on the packaging: deterioration resulting from storage or use that does not comply with these indications does not constitute a lack of conformity.
3.3. Presentation. Colour rendering depends on your screen and packaging may vary from one batch to another: photographs and illustrations are for illustrative purposes. We do not decide in advance what constitutes a lack of conformity: it is assessed against the criteria of articles L. 217-4 et L. 217-5 du code de la consommation (French Consumer Code). The contractual information is that of the product page and the labelling of the product delivered. The perception of a fragrance, for its part, varies from one person to another: a difference of subjective appreciation does not constitute a lack of conformity, but it does not deprive you of any right, starting with the right of withdrawal under section 7.
3.4. Third-party brands mentioned and availability. Our products are neither counterfeits, nor copies, nor original products of third-party brands, and are neither manufactured, nor distributed, nor endorsed by them; any third-party trademark that may be mentioned remains the property of its owner and is referred to for descriptive purposes only. Offers are valid as long as they are visible on the Site and within the limits of available stock; we may change our range at any time, without effect on orders already confirmed.
4. Your order
4.1. Pre-contractual information. In accordance with articles L. 111-1 et L. 221-5 du code de la consommation (French Consumer Code), before confirming your order you receive, in a legible and comprehensible manner: the essential characteristics of the product; its total price, determined in accordance with articles L. 112-1 à L. 112-4 of the same code and, the Seller being covered by the basic VAT exemption scheme, net of tax; the delivery costs, arrangements and time frames; our identity and contact details, including postal address, email and telephone number — the latter appearing in the legal notice of the Site (section 1); the payment methods; the existence, conditions and exceptions of the right of withdrawal, the model form (Annex A) and who bears the cost of returning the goods; the arrangements for the legal warranties; and, where applicable, the fact that a price has been personalised on the basis of automated decision-making.
4.2. Steps. Cart; verification of the contents, the total price and the delivery costs; contact details; choice of delivery and payment method; detailed summary allowing you to correct any errors; acceptance of the Terms; confirmation by a click bearing the words "Order with an obligation to pay" or an equivalent unambiguous wording; payment. In accordance with article 1127-2 du code civil (French Civil Code), the order becomes final only after you have been able to check its details and correct any errors.
4.3. Formation of the contract. The sale is concluded on the date on which we send the order confirmation by email.
4.4. Refusal or cancellation. We may refuse or cancel an order only on one of the following grounds: unavailability; a manifest error in the price or description (section 11.1); serious suspicion of payment fraud; an order manifestly intended for resale or of an abnormal quantity; a prior unresolved dispute over the payment of a previous order; impossibility of delivering to the address provided. We inform you in writing and refund you in full without delay. Such a refusal does not give rise to any right to compensation, without prejudice to your right to redress if it is wrongful.
4.5. Archiving. In accordance with articles L. 213-1, D. 213-1 et D. 213-2 du code de la consommation (French Consumer Code), contracts concluded electronically for an amount equal to or greater than 120 euros are kept for ten years and remain accessible to you upon simple request to help@olfazeta.fr.
5. Prices, VAT and payment
5.1. Prices. The prices displayed are final retail prices, expressed in the currency of your market: no tax and no surcharge is added to them, subject only to the duties and taxes of the destination country for deliveries outside the European Union (section 5.3). They are quoted exclusive of delivery costs, which are indicated separately before confirmation. The applicable price is the one displayed at the time you confirm your order.
5.2. Basic VAT exemption scheme. The Seller is covered by the basic exemption scheme (franchise en base) provided for in article 293 B du code général des impôts (French General Tax Code): VAT is not applicable to our sales, and we neither collect nor invoice it. The prices displayed and invoiced are therefore net of tax and include no VAT; the Seller has no intra-Community VAT number, and this absence is neither an omission nor an irregularity; no VAT may be deducted on the basis of our invoices. Each invoice, made available to you electronically, bears the mandatory statement "TVA non applicable, article 293 B du CGI" (VAT not applicable, article 293 B of the French General Tax Code), the name of the entrepreneur followed by the abbreviation "EI", the SIREN and the address of the registered office.
5.3. Deliveries outside the European Union. For a delivery outside the customs and fiscal territory of the Union — in particular the United Kingdom, Switzerland and Norway — the entry of the goods gives rise, in the destination country, to possible customs duties, import VAT and, depending on the carrier, handling fees. Unless otherwise stated at the time of ordering, these amounts are included neither in the price nor in the delivery costs: they are payable by the recipient (DAP Incoterm), generally before the parcel is handed over, and are governed by the regulations of the destination country. If you refuse to pay them on arrival, the parcel is returned or destroyed by customs and we refund you the price of the products actually returned to us. This situation is without effect on your right of withdrawal: if you exercise it, the refund is made under the conditions of section 7.6, including the initial delivery costs.
5.4. Discounts and free delivery. Promotional codes are subject to the conditions stated when they are issued and are, unless otherwise stated, neither transferable nor redeemable for cash. A product bought on promotion, in a sale or with a discount code retains exactly the same rights: withdrawal and legal warranties apply to it identically. A free delivery threshold may be applied: it varies by market and currency, and some destinations do not benefit from it. The threshold applicable to your market, or its absence, is shown on the Site and in the shipping policy, and the exact amount of the costs is shown to you before you confirm your order.
5.5. Payment. The price is payable in full on the day of the order, except for any payment facility expressly offered on the Site and governed by the terms of the provider concerned. Payments are processed by payment service providers: we never have access to the full details of your bank card, which are transmitted in encrypted form directly to the provider. If the payment is declined, the order is cancelled automatically. Automated fraud-prevention checks may lead to an order being refused under the conditions of section 4.4; we do not ask you for a copy of an identity document, a photograph of your bank card, or proof of address.
6. Delivery, time frames and transfer of risk
6.1. Areas, costs and time frames. The countries delivered to, the carriers, the costs and the estimated time frames are shown on the Site and in the shipping policy, which sets them out by destination. No amount and no time frame is fixed by these Terms.
6.2. Maximum legal time frame. In accordance with article L. 216-1 du code de la consommation (French Consumer Code), in the absence of any indication of or agreement on the delivery date, we deliver no later than thirty (30) days after the conclusion of the contract.
6.3. Delay. If the announced date or the thirty-day time frame is exceeded, paragraph I of article L. 216-6 gives you two options: suspend payment of all or part of the price until we perform, by informing us in writing (articles 1219 et 1220 du code civil, the French Civil Code); or direct us in writing to deliver within a reasonable additional period and then, failing performance, terminate the contract by the same means. You may terminate it immediately, without formal notice, if we refuse to deliver or if the delivery date was an essential condition for you (paragraph II of article L. 216-6). Pursuant to article L. 216-7, we refund you all sums paid no later than fourteen (14) days following the date on which the contract was terminated.
6.4. Transfer of risk. In accordance with article L. 216-2 du code de la consommation (French Consumer Code), the risk of loss or damage passes to you only when you physically take possession of the product — or when a third party designated by you, other than the carrier we propose, physically takes possession of it. The parcel travels at our risk. Any stipulation to the contrary, in particular a transfer of risk upon handover to the carrier, would be unfair within the meaning of article R. 212-1, 6° of the same code and deemed unwritten. By way of exception, where you entrust delivery to a carrier you have chosen yourself and which we do not propose, the risk passes to you upon handover of the goods to that carrier (article L. 216-3).
6.5. Lost, damaged or incomplete parcel. Write to us at help@olfazeta.fr: it is for us to bear the consequences, not for you to take action against the carrier. Reporting the anomaly on receipt and keeping the packaging helps us process the file, but the absence of a written reservation on the delivery note does not cause you to lose any right: the last paragraph of article L. 216-5 du code de la consommation (French Consumer Code) expressly states that the absence of reservations made on receipt does not release the trader from the warranty of conformity. No step on your part is confined to a period of a few days.
6.6. Delivery address. You are responsible for the accuracy of the address provided; the costs of a new shipment made necessary by an incorrect or incomplete address may be charged to you, after prior notice.
7. Right of withdrawal and returns
7.1 The principle: thirty days, no reason required
You have thirty (30) calendar days to change your mind, without having to give any reason for your decision. This period is more favourable than the statutory period of fourteen (14) days provided for in articles L. 221-18 et seq. du code de la consommation (French Consumer Code), which it fully encompasses: during the first fourteen days, you exercise the statutory right described below, at no cost other than those provided for in sections 7.4 and 7.5; from the fifteenth to the thirtieth day, you benefit from our commercial facility, the terms of which are set out in section 7.8.
The period runs from the day on which you, or a third party designated by you, physically take possession of the product; in the case of staggered delivery, from receipt of the last product. If it expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day (article L. 221-19).
7.2 How to notify us
By any unambiguous statement, in particular:
- the Site's online withdrawal function, identified by the words "Withdraw from the contract here";
- an email to help@olfazeta.fr;
- a letter to Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France;
- the model form reproduced in Annex A, the use of which is not compulsory.
None of these channels is exclusive. In accordance with the third paragraph of article L. 221-21 and with article D. 221-5 du code de la consommation (French Consumer Code), the online withdrawal function is made available to you free of charge, displayed visibly and directly accessible, available throughout the whole of the withdrawal period, and ends with a confirmation step identified by the words "Confirm withdrawal". It is accessible without a customer account.
After your statement, we send you on a durable medium an acknowledgement of receipt stating its content as well as the date and time it was sent. It is for you to prove that you withdrew within the period (article L. 221-22): this acknowledgement of receipt constitutes that proof, so keep it.
7.3 Returning the product
You have thirty (30) days from your statement to return the product to us. Here again, this period is more favourable than the fourteen-day period provided for in article L. 221-23 du code de la consommation (French Consumer Code).
We recommend that you return it to us complete, with its accessories and, if you still have it, in its original packaging: this speeds up processing. These are not conditions of your right: neither the original packaging, nor the labels, nor a receipt may be held against you to refuse a withdrawal or a refund, as long as we can trace your order. A parcel returned without a prior request cannot, on that ground alone, be refused or left unrefunded.
7.4 The condition of the product
You may examine the product as you would in a shop: take it out, look at it, check its nature, characteristics and proper functioning. Your liability is engaged only in respect of the diminished value resulting from handling other than what is necessary for that examination. Where applicable, it gives rise to a proportionate deduction, the amount of which is justified to you, never to a refusal of the return.
7.5 Return costs: borne by us
We bear the direct costs of returning the goods and send you a prepaid return label: you advance nothing. This commitment is more favourable than the general rule, which in principle places these costs on the consumer (articles L. 221-5 et L. 221-23). The address for shipping the parcel is communicated to you with the return authorisation and the label, in response to your request; in this respect we make four contractual commitments:
- we respond to your request no later than the first business day following its receipt, sending you the address and the label;
- your withdrawal is established as of your statement: it depends neither on our response, nor on an authorisation, nor on a label;
- as long as we have not sent you the address, the thirty-day period for returning the product is suspended: no delay attributable to us may be held against you;
- if we were not to respond to you within that time, simply return the product to our address in section 1 and write to us: the return remains fully valid and the costs remain borne by us.
Your withdrawal statement may always be sent to us at the address in section 1; the address for shipping the parcel may be different, for logistical reasons. As alcohol-based perfumes are classified as dangerous goods for transport (ONU 1266), they cannot be dropped off at an ordinary postal point: we provide you with a compliant transport solution, a label under the "limited quantities" regime or collection at your address. This logistical constraint restricts neither your right of withdrawal nor your right to a refund.
7.6 Your refund
We refund you all sums paid, including the initial delivery costs — up to the price of the least expensive standard delivery option we offer — no later than fourteen (14) days from the day we are informed of your decision (article L. 221-24), and not from receipt or inspection of the parcel. We may defer the refund until the product has been recovered or until you have provided proof of its shipment, whichever comes first. We make the refund conditional on neither an inspection nor an approval.
The refund is made using the same means of payment as the one used for the order, unless you expressly agree to another means, and at no cost to you. If you had chosen a delivery more expensive than the least expensive standard option, only the amount corresponding to that standard option is refunded. If you return only part of the order and keep the rest, the price of the returned products is refunded to you in full, but the initial delivery costs are not, as delivery was performed for the products you keep.
In accordance with article L. 221-27 du code de la consommation (French Consumer Code), exercising your right of withdrawal terminates the contract and, automatically, any ancillary contract — in particular a payment facility taken out at the time of the order — at no cost other than those provided for in sections 7.4 and 7.5.
7.7 The only two exceptions
Article L. 221-28 du code de la consommation (French Consumer Code) lists thirteen cases, and thirteen only, in which the right of withdrawal cannot be exercised. Two of them, and two only, may concern our catalogue:
- goods which have been unsealed and which cannot be returned for hygiene reasons — for example an opened cosmetic product or any product that has come into direct contact with your skin (L. 221-28, 5°). The conditions are cumulative: a hygiene seal (film, tamper cap, cellophane), broken by you, and a product which, as a result, can no longer be resold;
- goods made to your specifications or clearly personalised, an engraving or a gift set composed at your request (L. 221-28, 3°).
The other eleven cases have no application to a catalogue of perfumes and cosmetics, and we will not invoke them. These exceptions are exhaustive and must be interpreted strictly (CJEU, 27 March 2019, Slewo, C-681/17). In particular: a product whose seal is intact remains returnable; opening the shipping carton or the outer box is not an unsealing; a product bought on promotion or in a sale remains returnable.
7.8 Thirty days instead of fourteen
Over and above the statutory right, we extend the return period to thirty (30) days from receipt. These thirty days encompass the fourteen statutory days, without ever replacing them: during the first fourteen days, you exercise the statutory right described above; from the fifteenth to the thirtieth day, you benefit from a purely commercial facility, whose specific terms (unused product, seals intact, refund of the price of the products) have no effect on the first fourteen days. Details in the return and refund policy.
7.9 Defective, non-conforming or wrongly shipped product
This has nothing to do with changing your mind. Report it to us at help@olfazeta.fr, attaching photographs if possible: we take charge of the file and of the return costs. This situation falls under the legal warranties (section 8), which run well beyond the withdrawal period. We do not offer direct exchanges: the fastest way to obtain another product is to return the one received and place a new order.
8. Legal warranties
8.1 No exclusion possible
You benefit, as of right and free of charge, from the legal warranty of conformity (articles L. 217-3 et seq. du code de la consommation, the French Consumer Code) and from the legal warranty against hidden defects (articles 1641 à 1649 du code civil, the French Civil Code). These warranties are a matter of public policy: no stipulation of these Terms, of an annexed policy or of a commercial communication may exclude them, limit them or reduce their duration. Any clause to the contrary is deemed unwritten.
8.2 Legal warranty of conformity
We are liable for lacks of conformity existing at the time of delivery. You have two (2) years from delivery to act; during this period, you need only establish the existence of the defect, not the date on which it appeared (articles L. 217-7 et L. 217-12).
You may request the repair or replacement of the product within thirty days of your request (article L. 217-10), at no cost whatsoever: return, take-back and collection are borne by us (article L. 217-11). If bringing the product into conformity is impossible, refused, late or a source of major inconvenience, or if the defect persists, you may obtain a price reduction or the termination of the contract with a full refund against return of the product. A repaired product benefits from a six-month extension of the initial warranty; if we were to impose replacement on a customer who asked for repair, the replaced product would start a new two-year warranty (article L. 217-13).
8.3 Warranty against hidden defects
You may also act on the basis of hidden defects for two (2) years from the discovery of the defect (article 1648 du code civil, the French Civil Code), to obtain either the refund of the price against return of the product, or a price reduction.
8.4 How to proceed
These two warranties are independent of the right of withdrawal and of each other: you freely choose which one to invoke, or invoke them in succession. Any request should be addressed to Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France, or to help@olfazeta.fr.
As our products do not contain spare parts essential to their use, the information relating to their period of availability (article L. 111-4 du code de la consommation, the French Consumer Code) does not apply; if we were to market a product concerned, it would appear on its product page. We do not grant any commercial warranty within the meaning of article L. 217-21, apart from the return facility in section 7.8. The information box required by law appears in Annex B.
9. Liability and force majeure
9.1. In accordance with article L. 221-15 du code de la consommation (French Consumer Code), we are liable to you as of right for the proper performance of the contract, whether the obligations are performed by ourselves or by other providers, in particular carriers. We may release ourselves from this liability only by proving that the non-performance is attributable either to you, or to the unforeseeable and insurmountable act of a third party unconnected with the contract, or to a case of force majeure.
9.2. We are not liable for damage that does not result from a breach on our part, in particular: use of the product not in accordance with its intended purpose or with the precautions for use; an unforeseeable individual reaction to an ingredient that is properly labelled; failure of your connection or your equipment.
9.3. We neither limit nor exclude our liability in the event of wilful misconduct, gross negligence, personal injury or harm to health, nor in any of the cases where the law prohibits it. No clause of these Terms may deprive you of the right to full compensation for the harm resulting from a breach on our part. The regime of liability for defective products (articles 1245 et seq. du code civil, the French Civil Code) applies as of right.
9.4. We use reasonable means to ensure the accuracy, availability and security of the Site, without guaranteeing uninterrupted availability; this does not affect your contractual and statutory rights in respect of concluded sales.
9.5. Force majeure. Neither party is liable for a failure resulting from a case of force majeure within the meaning of article 1218 du code civil (French Civil Code). If the impediment is temporary, performance is suspended; if it is permanent or continues beyond a reasonable period, either party may terminate the contract, with all sums already paid being refunded to you in full.
10. Intellectual property and customer-published content
10.1. All the elements of the Site — structure, texts, descriptions, photographs, videos, logos, trademarks, databases and code — are protected by intellectual property law and remain the property of the Seller or its partners. You are granted a personal, non-exclusive right to use the Site. Any reproduction, adaptation, extraction or commercial exploitation, in whole or in part, without prior written authorisation, is prohibited and may engage your liability for infringement (articles L. 335-2 et L. 716-4 du code de la propriété intellectuelle, the French Intellectual Property Code) and under the rights of database producers (article L. 342-1 of the same code). Statutory exceptions, in particular private copying and short quotation, are reserved.
10.2. Your content. If you publish a review, a rating or a photograph, you warrant that you hold the rights to it and that this content is neither unlawful, nor defamatory, nor contrary to the rights of third parties. If it depicts an identifiable person, you warrant that you have obtained their prior written consent — that of the holders of parental authority in the case of a minor.
10.3. Limited licence. You grant us, free of charge and on a non-exclusive basis, over only the content you actually send us and to the exclusion of any future work, the right to reproduce and display it: purpose — illustration of the page of the product concerned, of the pages of the Site and of our communications relating to that product; media — the Site, our emails and our social media accounts; territory — the countries from which the Site is accessible; duration — that of the publication, and at most five (5) years. This delimitation is required by articles L. 131-1 et L. 131-3 du code de la propriété intellectuelle (French Intellectual Property Code). We do not modify your content, subject to technical cropping; your moral rights remain reserved, you retain ownership of it and may request its removal at any time, without giving a reason, at help@olfazeta.fr.
10.4. Transparency of reviews. In accordance with article L. 111-7-2 du code de la consommation (French Consumer Code), we indicate on the Site whether the reviews published are subject to checking and, if so, how, as well as their publication date. We do not publish fake reviews and do not pay for the publication of favourable reviews. We may refuse or remove content that is unlawful, off-topic, abusive or manifestly fraudulent, informing you thereof.
11. Display errors, prohibited uses and third-party tools
11.1. Errors. The Site may contain typographical errors, inaccuracies or omissions, in particular concerning descriptions, prices, promotions, costs or time frames; we may correct them at any time. In the event of a manifest error in a price — that is, an error that a reasonably attentive consumer could not reasonably have been unaware of — we may cancel the order concerned: we inform you without delay and refund you in full, and you may, if you wish, confirm your order at the corrected price. A pricing error that is not manifest does not entitle us to cancel the order: the displayed price binds us.
11.2. Prohibited uses. It is prohibited to use the Site: for unlawful purposes; to infringe anyone's intellectual property rights; to harass, insult, defame, intimidate or discriminate against a person; to transmit false or misleading information, viruses or any code intended to affect its operation; to extract data on a massive scale; for phishing, identity theft or payment fraud; to circumvent its security measures. In the event of a breach, we may suspend or close your access under the conditions of section 13.
11.3. Third-party tools and artificial intelligence. The Site may give access to tools provided by third parties (assistance, recommendations, reviews, payment), offered as is and governed by the terms of their publishers. When you interact with an artificial intelligence system, this is indicated to you (Article 50 of Regulation (EU) 2024/1689). Generated responses may contain inaccuracies: only the information appearing on the product page, in the labelling and in the order confirmation has contractual value, and an automated response constitutes neither medical advice nor a commitment as to a price, availability or time frame. You may at any time ask to speak with a natural person at help@olfazeta.fr. The use of these tools modifies neither your right of withdrawal, nor the legal warranties, nor our liability.
11.4. External links. The Site may link to sites operated by third parties, over which we exercise no control and whose linking does not imply endorsement.
12. Personal data and cookies
12.1. The processing of your data is described in our privacy policy, which forms an integral part of these Terms. The data controller is Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France.
12.2. In accordance with Regulation (EU) 2016/679 (GDPR) and with the French Act No. 78-17 of 6 January 1978 as amended, you have the rights of access, rectification, erasure, restriction, objection and portability, as well as the right to set directives concerning the fate of your data after your death. These rights may be exercised at help@olfazeta.fr. You may lodge a complaint with the CNIL (the French data protection authority) or with the data protection authority of your country of residence.
12.3. Cookies and trackers that are not strictly necessary are placed only with your consent, which you may withdraw at any time as easily as you gave it, via the "Manage cookies" link at the bottom of every page.
12.4. In the event of any conflict between the privacy policy and these Terms concerning the collection and processing of your personal data, the privacy policy prevails.
13. Duration, account suspension and amendment of the Terms
13.1. The Terms apply for as long as you use the Site. Obligations arising from an order survive the closure of the account until they have been fully performed.
13.2. Suspension and closure. We may suspend or close your account only for a legitimate reason: a proven breach of sections 2.5 or 11.2, fraud or attempted fraud, non-payment, or a legal obligation. Except in the case of fraud, serious breach or a legal obligation requiring an immediate measure, the measure is preceded by a reasoned written notice and a period of at least fifteen (15) days to remedy the situation or submit your observations.
13.3. The suspension or closure of an account causes no loss of any right relating to orders already placed: withdrawal, legal warranties and refunds due remain fully applicable. You may, for your part, stop using the Site and request the closure of your account at any time, without reason and free of charge.
13.4. Amendment of the Terms. We may amend these Terms; the version in force is published on the Site with its update date. No amendment applies retroactively to orders already placed (section 2.2). If you hold an account, substantial amendments are notified to you by email before they come into force; if they do not suit you, you may request the closure of your account, free of charge.
14. Complaints, applicable law and competent courts
14.1. Complaints. For any difficulty, write to us at help@olfazeta.fr or by post to Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France. We acknowledge receipt of your complaint and respond to it as soon as possible.
14.2. Cross-border disputes. If you reside in another Member State of the European Union, in Norway or in Iceland, you may contact the European Consumer Centre of your country of residence, which assists consumers free of charge in cross-border disputes. For France: www.europe-consommateurs.eu.
14.3. Applicable law. These Terms and the sales arising from them are governed by French law. However, in accordance with Article 6 of Regulation (EC) No 593/2008 ("Rome I"), this choice may not have the result of depriving you of the protection afforded to you by the mandatory provisions of the law of the country of your habitual residence, insofar as we direct our activity to that country.
14.4. Competent courts. In accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 ("Brussels I bis"): you may bring the dispute, at your choice, before the courts of the Member State in which we are domiciled or before those of the place of your own domicile; we may sue you only before the courts of the Member State in which you are domiciled. The same rules result from Articles 15 to 17 of the Lugano Convention of 30 October 2007 if you reside in Switzerland, Norway or Iceland. If you reside elsewhere, in particular in the United Kingdom, the mandatory consumer protection rules of your country remain available to you under the conditions of section 14.3. In France, article R. 631-3 du code de la consommation (French Consumer Code) also allows you to bring proceedings before the court of the place where you resided at the time the contract was concluded or the harmful event occurred.
14.5. No contrary jurisdiction clause may be enforced against you before the dispute has arisen. These Terms contain no waiver of the right to bring legal proceedings and no waiver of any collective action.
15. Miscellaneous provisions and contact details
15.1. Severability and waiver. A stipulation declared void or unenforceable is deemed unwritten, the others remaining in force; where possible, it is replaced by a valid stipulation of equivalent scope. The failure of either party to rely on a breach does not constitute a waiver of the right to rely on it later.
15.2. Assignment. We may assign these Terms, in particular in the context of a merger or a transfer of business assets, provided that this assignment does not reduce the guarantees you enjoy. You will be informed of it and may, if it is unfavourable to you, close your account free of charge.
15.3. Evidence. The computerised records kept in our systems and those of our providers constitute evidence of orders and payments, without prejudice to your right to prove the contrary by any means.
15.4. Headings and entire agreement. Section headings are for guidance only. These Terms, the return and refund policy, the shipping policy and the privacy policy constitute the entire agreement between the parties.
15.5. Writing to us.
- Aroma Logistics Co, sole proprietorship (EI, the French status of individual entrepreneur) — trade sign "Olfazeta by Chogan"
- 231 rue Saint-Honoré, 75001 Paris, France
- SIREN 102 212 289 — "TVA non applicable, article 293 B du CGI" (VAT not applicable, article 293 B of the French General Tax Code)
- help@olfazeta.fr — online assistance available on the Site
Annex A — Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract. Its use is not compulsory: any unambiguous statement is sufficient.)
For the attention of Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France — help@olfazeta.fr:
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:
- Ordered on (*) / received on (*): ......................................
- Order number and description of the product(s) (optional, to help us trace your order): ......................................
- Name of the consumer(s): ......................................
- Address of the consumer(s): ......................................
- Signature of the consumer(s) (only if this form is notified on paper): ......................................
- Date: ......................................
(*) Delete as appropriate.
Annex B — Information box on the legal warranties
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a lack of conformity appearing. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.
Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal warranty applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal warranty of conformity entails an obligation for the trader, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the goods to be repaired but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction of the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies the immediate reduction of the price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining warranty period until delivery of the restored goods.
The rights mentioned above result from the application of articles L. 217-1 à L. 217-32 du code de la consommation (French Consumer Code).
A seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to up to 10% of average annual turnover (article L. 241-5 du code de la consommation, the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects pursuant to articles 1641 à 1649 du code civil (French Civil Code), for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
Contact details for the implementation of the legal warranties: Aroma Logistics Co (EI), 231 rue Saint-Honoré, 75001 Paris, France — help@olfazeta.fr.