1 – Preamble
The commercial website lapromenade-parfums.com is operated by BASTIDE SAS with share capital of € 2,000, registered office at 92, Impasse du tilleul, France and registered in the Grasse Trade and Companies Register under number SIRET 82905266100016. Intra-community VAT N°: FR07 829052661.
The general terms and conditions of sale presented below apply to all orders placed with BASTIDE SAS for all items for sale on the website lapromenade-parfums.com
The conditions of sale applicable to any transaction on lapromenade-parfums.com are those stated online on this website when the order was placed by the customer. The customer acknowledges having read these conditions before placing the order.
Therefore, placing an order on lapromenade-parfums.com implies full and complete acceptance of these conditions of sale by the customer.
Bastide SAS reserves the right to adapt or modify these terms and conditions at any time.
2 – Prices
2-1 – Prices are expressed in euros inclusive of tax, excluding shipping fees.
2-2 – For orders to countries other than mainland France, the purchaser importing the product(s) concerned may be subject to tax. For all products shipped outside the European Union and French Overseas Departments and Territories, customs duties, local taxes, import duty or state taxes may be payable. These duties and amounts are not the responsibility of Bastide SAS. They are payable by the purchaser are their responsibility as regards both declarations and payments to the relevant authorities and organisations of the country.
2-3 – All orders are payable in euros.
2-4 – Bastide SAS reserves the right to change its prices at any time on its website Lapromeande-parfums.com. The products are billed on the basis of the prices in force at the time of the registration of the order subject to availability. The products remain the property of Bastide SAS until the price is paid in full.
3 – Orders and Confirmation
3-1 - Customers of Bastide SAS must be emancipated minors or of legal age and not be protected under the terms of article 488 of the French Civil Code. Bastide SAS reserves the right to refuse an order if the customer in question has defaulted on payment in their purchase order history.
3-2 - When the customer clicks on ‘Confirm’ to complete the order process, he hereby accepts the order fully and without reserve as well as these General Conditions of Sale in full. Data recorded by Bastide SAS constitutes proof of all transactions occurring between Bastide SAS and its customers. Data recorded by the payment system constitutes proof of financial transactions.
3-3 - The customer is responsible for the accuracy and completeness of the information that provided on his customer account and order to ensure smooth processing. Bastide SAS cannot be held responsible for additional delivery times or costs. Costs incurred by Bastide SAS following errors in the information provided by the customer are the customer’s responsibility.
4 – Availability
Our products are subject to availability. In this context, information about product availability is provided to the customer at the time of order. If the items are not available after ordering, Bastide SAS will inform the customer and ask them to cancel or change their order.
5 – Delivery
Our items are generally sent by mail using Colissimo. Packages are sent to the address provided within 2 working days for mainland France. For international deliveries, the delivery time may be from 3-10 working days. Delivery time may also vary if delivery problems are encountered. Working days do not include weekends and public holidays. The sender reserves the right to use any other means of delivery within the anticipated time and costs.
5-1 Colissimo Suivi (tracked) stipulates 48 hours delivery, excluding weekends and public holidays and provides an option to collect the items ordered from the post office closest to the delivery address if you are out when the postman calls. If you are out on the day of delivery, the postman will deliver a delivery notification to your letterbox, enabling you to collect your package from your post office within 15 days.
5-2 It is the recipient’s responsibility to check the items upon arrival and to report any warranted reservations or complaints, or even to refuse the package, if it looks like it has been opened or if there are visible traces of damage.
5-3 There may be, like with any delivery, a delay or the package may go missing. In the event of a delay or the package going missing, customers should inform us by email at firstname.lastname@example.org. The post office or other service provider responsible for the delivery will carry out an investigation. This may take up to 21 days dating from the start of the enquiry. If during this delay, the package is found, it will immediately be re-sent to the customer’s address. If on the other hand, the package is not found after the 21-day investigation period, the package is considered lost. In this instance only, Bastide SAS will send a replacement product, at their expense. If the product(s) ordered is/are no longer available, Bastide SAS will refund your order.
Bastide SAS accepts no responsibility regarding longer delivery times due to the shipper, in particular in the event of loss of products or a strike.
5-4 Bastide SAS reminds customers that it is their responsibility to check their package upon receipt in the presence of the delivery person and to immediately notify the carrier as well as Bastide SAS about any anomaly detected (damage, tampered package, delivery date not in line with normal delivery service times). Bastide SAS cannot accept claims a posteriori relating to the state of the package(s) when such indications have not been noted on the delivery slip presented to the customer by the carrier.
6 – Payment
Payment must be made in full at the time of ordering. Payment is by card only (Visa, MasterCard, national and international payment cards);
Bastide SAS takes all the necessary steps to guarantee the security and confidentiality of the data transmitted online. To do so, Bastide SAS has chosen the LCL group payment solution SHERLOCK’S, a highly protected payment facility, fully guaranteed by LCL Bank.
7 – Returns policy and after-sales service
7. 1 – REFUNDS: In accordance with the articles of the Consumer Code, the customer has a reflection period of 14 days from delivery to return the article (or) the ordered articles without having to pay penalties. Articles must be returned in their original packaging, labelled, complete, new.
92 IMPASSE DU TILLEUL
06530 LE TIGNET
Any returned items that are incomplete, damaged, spoiled or soiled by the customer will not be refunded.
The risks and costs of the return are the responsibility of the client.
Nous invitons le client à renvoyer le colis par tout moyen apportant la preuve et donnant date certaine à son envoi (recommandé avec avis de réception, colissimo suivi, etc.).
7.2 – If the return is due to an error by the sender, transport costs will be borne by the sender. For this type of complaint, customers should contact the brand’s e-commerce customer service by email: email@example.com
Customer service will send the customer a free returns label. Upon receipt of the product sent in error, Bastide SAS will send the correct package that same day.
For any other information or complaint, customers should contact La Promenade customer service quoting the order reference and date:
92 IMPASSE DU TILLEUL
06530 LE TIGNET
7-3 Returns policy outside mainland France
The customer will be responsible for returns and exchange outside France. Outside the EEC, customs duties and taxes, and administrative costs are the customer’s responsibility.
8 – Intellectual Property
All content on the lapromenade-parfums.com website, whether visual, graphic, videos or sound, is protected by copyright, trademark or patent law. It is the exclusive property of Bastide SAS. As a consequence, partial or total reproduction, on any medium whatsoever, of various website and catalogue components, its use or being made available to third parties is strictly forbidden.
9 – Liability
The products on offer conform to current French legislation. Bastide SAS cannot be held liable in the event of non-compliance with legislation of the country to which the products are delivered. The customer is responsible for checking with local authorities whether the products they intend to order can be imported or used.
Photographs and texts reproduced illustrating the products presented are not contractual. As a consequence, Bastide SAS cannot be held liable in the event of error in one of its photographs or one of its texts.
Bastide SAS shall not be held liable for breach of contract in the event of stock shortage or product unavailability, force majeure, complete or partial strikes, whether internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failure, disruption in telecommunications including networks and in particular the Internet.
Bastide SAS will not incur any liability for any indirect damage from the above, operating loss, loss of profit, damage or expense.
Hypertext links may lead to other websites. Bastide SAS shall not incur any liability whatsoever in the event that the content of such websites is in breach of the legal and regulatory provisions in force.
10 – Protection of personal data
Bastide SAS shall not disclose any information provided to third parties. It is confidential. It can only be used to personalise communication and product offers for La Promenade customers.
As a consequence, in accordance with French law on information technology and freedom of 6th January 1978, you have the right to access, rectify, and delete any personal data about you. To achieve this you can request this online or by post specifying your name and address. (firstname.lastname@example.org).
11 – Guarantees – Limitation of liability
All our products are covered by a legal guarantee if the product was worn in normal conditions of use, and the care instructions were followed.
Article L211-4 of the French Consumer Code: the seller is required to deliver a product that conforms to the contract and is held liable for any lack of conformity that exists upon delivery. He is also held liable for any lack of conformity caused by the packaging, or the assembly instructions, or the installation if he assumed responsibility therefore under the contract or had it carried out under his responsibility.
Article L211-5 of the French Consumer Code: to conform to the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable:
- Correspond to the description that the seller presented to the buyer in the form of a sample or model;
- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-9 of the French Consumer Code: In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.
The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option, given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.
Article L211-10 of the French Consumer Code: If neither repair nor replacement of the product is possible, the buyer may return the product and be refunded or keep the product and be refunded a portion of the price.
He has the same option:
- If the solution requested, suggested or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim;
- Or, if this solution cannot be implemented without major inconvenience for the buyer given the nature of the product and its intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
Article L211-11 of the French Consumer Code: The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.
Those same provisions shall not impede the awarding of damages.
Article L211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the Civil Code: The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 1st paragraph of the Civil Code: The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
12 – Applicable Law
These General Conditions of Sale are governed by French law. Any dispute is subject to the exclusive jurisdiction of the French courts.