TERMS AND CONDITIONS

These General Terms and Conditions of Sale are THE DIFFERENT COMPANY’S, a Société à Responsabilité Limitée with a capital of 536 130,00€ (euros), whose registered office is located at 3, rue Chabanais, 75002 Paris, France registered in the Paris Trade and Companies Register under the number B423541697, Intra-Community VAT FR84 423541697.

These General Terms and Conditions apply to the sales accomplished by individuals (hereinafter, the “Customer”) via the website www.thedifferentcompany.com or its derivative addresses (hereinafter, the “Site”)

THE DIFFERENT COMPANY sells to individuals browsing the Site fragrances, skin care products and candles (hereinafter referred to as the "Products").

For the application of this agreement, it is agreed that the Customer and THE DIFFERENT COMPANY will jointly be referred to as the "Parties" and individually as a "Party."

It is specified that the Products are meant exclusively for the Customer's personal use.

Products ordered by the Customer on the Site will be delivered exclusively in the following countries; France, Belgium, The Netherlands, Switzerland, Germany, Spain, Portugal, Monaco, Andorra, the UK, Ireland, Norway, Sweden, Denmark, Poland, Czech Republic, Russia, Latvia, Lithuania, Leetonia, Ukraine, Hungary, Bulgaria, the USA, Canada, Mexico, Greece, Turkey, Israel, the UAE.

By placing an order for a Product on the Site, the Customer acknowledges that s/he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Customer for this acknowledgement to be valid.

It is specified that the Customer may save or print these General Terms and Conditions of Sale, as long as s/he does not amend them.

Any special condition that is stated, e.g., in documents issued by the Customer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from THE DIFFERENT COMPANY.

These conditions do not intend to and may not result in Customers from the European Union being deprived of the compulsory legal requirements specified by the laws of their own countries. If any of the provisions of these conditions should prove to infringe on a compulsory point of law from which the Customer benefits under his/her national legislation, such provision will not apply to that Customer, though all the other provisions will remain in force.

The Customer must also unreservedly agree to the conditions of use of the Site if s/he wishes to view it.


ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale define the procedures by which THE DIFFERENT COMPANY will sell Products to the Customer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.

They define all the stages required for placing the order and they monitor this order between the Parties.


ARTICLE 2: PRODUCTS

2.1. Description of Products

 THE DIFFERENT COMPANY presents on the Site the Products for sale and their detailed descriptions, in Product descriptions.

2.2. Availability

THE DIFFERENT COMPANY reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that THE DIFFERENT COMPANY has already accepted prior to implementing such amendments.

2.3. Prices

2.3.1. All product prices are shown either in EUR including VAT or USD excluding VAT depending on the country of delivery selected to enter the site. The applicable prices are those that are shown on the Site at the time at which the Customer places his/her order, unless a printing error occurs. The product prices exclude shipping costs, and any costs or duties associated with shipping, which are invoiced additionally in the check out total. Custom duties are not included in product price or check out total and may be required to be paid upon delivery based on local requirements.

2.3.2. THE DIFFERENT COMPANY reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that THE DIFFERENT COMPANY accepted prior to the implementation of these changes, subject to the availability of the Products ordered.


ARTICLE 3: ORDERING

3.1. The Ordering Process

By browsing the Site, the Customer can find out about the Products offered for sale on the day s/he views the Site.

The Customer is not committed in any way to make an order by browsing the Site.

While browsing the Site, the Customer who wishes to make an order may do so just by clicking on the "Add to Cart" icon that is located next to each Product viewed.

The Customer will see his/her shopping bag including all the items in the order and showing the total amount payable, excluding shipping costs, the type of Products ordered and their quantity. The Customer can decide “Continue Shopping” or “Checkout”. The Customer can come back to this order, add to it, amend it, or cancel it until it is validated. If the Customer wishes to choose other Products, all s/he needs to do is click on "Continue shopping". The Product or Products that s/he has already selected will remain in the "Shopping Bag" section.

The Customer is informed that at any time during the ordering process, right up to the actual payment of the order under the conditions specified in Article 4, s/he is able to come back to his/her order, add to it, amend it, or cancel it until it has been finally validated.

Once the selection of the Products has been completed, the Customer will be able to order them by clicking on the "Shopping Bag" sign to view his/her shopping cart, and then on "Checkout". Then a new web page will open, inviting the Customer to provide his/her address details by accurately filling in the form provided. The Customer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his/her name and the same e-mail address that was used to create the account. The Customer must also choose his/her bank or credit card payment method (Visa or Mastercard).

By clicking on the "Confirm Order" button during the order process, the Customer must first familiarise himself/herself with these General Terms and Conditions of Sale, and fully and unreservedly agree to the General Terms and Conditions of Sale.

Once these General Terms and Conditions of Sale have been agreed to, and the order has been confirmed, an Internet page from Societe Generale devoted to secured payment online will open up.

The Customer must then pay for his/her order.

The data recorded by THE DIFFERENT COMPANY are proof of all the transactions placed between THE DIFFERENT COMPANY and the Customer.

3.2. Order Confirmation

3.2.1. Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 hereafter (in the case of a bank card payment, the supplying of the bank card number, its expiry date and, if relevant, the security code), a printable and savable summary of the Customer's order will be displayed and will show the order's references.

Shortly after the payment, the Customer will receive an order confirmation email sent by THE DIFFERENT COMPANY. The Customer is deemed to have taken note of this confirmation within fifteen (15) minutes of it being sent by THE DIFFERENT COMPANY.
This confirmation e-mail sent by THE DIFFERENT COMPANY will contain the following details:
- the number of the order ;
- the summary of the order;
- the total amount of the order, inclusive of all taxes;
- the shipping costs;
- confirmation of payment;

3.2.2. THE DIFFERENT COMPANY retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.

3.2.3. In order to protect itself against credit card fraud, THE DIFFERENT COMPANY reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity card / passport and/or credit cards ...) in order to verify the legitimacy of a suspicious credit card order.
Unless a reply to THE DIFFERENT COMPANY's request for additional information is received within fifteen (15) days of the date on which the request was sent, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.

3.3. Proof of the order

In general, THE DIFFERENT COMPANY and the Customer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site, especially as concerns the type and date of the order.

In accordance with the rules of the regular codified law, the Customer is entitled to access the electronic contract entered into between the Customer and THE DIFFERENT COMPANY. To do so, s/he should send an e-mail to info@diffcomp.com, including all the information required to do so, particularly the order number and his/her contact details.


ARTICLE 4: PAYMENT

4.1. Payment must be made via the Internet at the time of the order in Euro or USD by bank or credit card VISA, MasterCard, or associated cards.

4.2. THE DIFFERENT COMPANY reserves the right to refuse any order or any delivery if a dispute exists with the Customer, of if a previous order by the Customer had not been paid or had only partially been paid, or if the banking authorities refuse to authorise the payment or if the order had not been paid or had only partially been paid.

4.3. The Customer guarantees to THE DIFFERENT COMPANY that s/he has the authorisations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled.

4.4. THE DIFFERENT COMPANY uses an online payment processing platform called Sogenactif, supplied to it by the payment service provider Societe Generale.


ARTICLE 5: DELIVERY

5.1. Delivery Methods

The products ordered by the Customer will be sent to the mailing address provided by the Customer when s/he placed his/her order, via the Postal services or shippers.

The Customer will be able to follow the progress of his/her delivery on the Site, by clicking on the "Customer Service" icon (at the bottom of the screen) then “Your Account” and entering his/her e-mail address and password provided at order time.

If the Products are delivered by a shipper, if the Customer is not at home, the shipper will leave a non-delivery notice in the Customer's letter box. The Customer is then required to take contact with the shipper to arrange a new delivery date. However, we emphasise that if the Customer does not contact the shipper, the shipper will make two new attempts to deliver at times and on dates determined at its own discretion.

The Customer is informed that the package will be retained by the shipper for a period of ten (10) days after first presentation.

Since delivery is handled by a third-party service provider, THE DIFFERENT COMPANY informs the Customer that THE DIFFERENT COMPANY cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Customer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.

5.2. Time frames

Products purchased are shipped by shippers that undertake to deliver the packages within the following average time-frames:
For shippers:
International: 5 to 10 business days from dispatch
France: 2 business days from dispatch

Saturdays, Sundays and public holidays in France are not considered to be business days.

In any case, the order will be performed within a maximum of thirty (30) days as of the date following that on which the Customer sent his/her order, subject to full payment of the price.

5.3. Delay in delivery

If the maximum delivery period of thirty (30) days is exceeded and if the Product(s) ordered have not yet been dispatched, the Customer is entitled to exercise his/her right to cancel the order by registered letter with return receipt requested sent to the following address:

THE DIFFERENT COMPANY
Customer Service - Internet
info@diffcomp.com
3 Rue Chabanais
75002 PARIS
FRANCE

Once the cancellation right has been exercised, THE DIFFERENT COMPANY will make a reimbursement, to the bank account that was debited at order time, as soon as possible, and no other compensation will be paid.

In the case of a partial delivery, the delivery may be made in several stages, and this right will concern only the undelivered balance of the order.

The Customer should notify THE DIFFERENT COMPANY of any delay in delivery as soon as possible by e-mail to info@diffcomp.com, so that THE DIFFERENT COMPANY can start investigations with the shipper. We are bound to inform the Customer that the time to complete an investigation is variable, since THE DIFFERENT COMPANY has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated by the Customer while ordering.

Nonetheless, if at the conclusion of this investigation, it is confirmed that the package containing the Product(s) has been lost, THE DIFFERENT COMPANY, at its own cost and expense, will re-send the Product(s) to the Customer or, if the Product(s) is (are) permanently out of stock, will reimburse the Customer, to the bank account that was debited at order time, the amounts deducted, according to the procedures of these General Terms and Conditions of Sale.

5.4. Receipt

Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Customer by the shipper, as shown by the control system used by the shipper.
It is the Customer's responsibility to check immediately at the time of receipt of the Product(s) that the Product(s) sent is (are) in good condition and compliant with the order.

If the event of delay, breakage or missing items, the Customer should note down complete and accurate reservations on the delivery slip. In any case, the Customer is entitled to make a claim only against the shipper to which s/he should formulate his/her reservations. In accordance with Any reservation must be confirmed by registered letter to the shipper within three (3) days of receipt.

All reservations of this type must also be provided to THE DIFFERENT COMPANY's Customer Service Department within the same time-frame and in the same form, at the following address:

 THE DIFFERENT COMPANY
Customer Service - Internet
3 Rue Chabanais
75002 PARIS
FRANCE

The Customer should attach a copy of the complaint sent to the shipper.

Any complaint made after this time-frame or not in line with the required form will be rejected and THE DIFFERENT COMPANY will be freed of all liability.


ARTICLE 6: WITHDRAWAL RIGHT

The Customer has a cooling-off period of fifteen (15) days, as of the date of purchase online , to return, at his/her own cost, the Product(s) ordered that do not satisfy him/her.

The Product(s) must without fail be sent back in their entirety, in perfect condition and in their original packaging, accompanied by the return form to the following address:
The Different Company
147/151 Rue d’Estienne d’Orves
92300 COLOMBES
FRANCE

 THE DIFFERENT COMPANY undertakes to reimburse the Customer, to the bank account that was debited at order time, within a maximum of ten (10) days, as long as the above conditions are complied with.


ARTICLE 7: RIGHT TO CONFORMITY AND GUARANTEE:

The Products are subjected to the conditions and guarantee provided by French law.

In its capacity as a professional merchant, THE DIFFERENT COMPANY guarantees that the Products are in conformity with the use expected of them, and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use.

For any non-compliant Product, the Consumer shall contact the Customer Service Department at the following address: info@diffcomp.com or by sending a letter by post to the following address:

 THE DIFFERENT COMPANY
Customer Service - Internet
3 Rue Chabanais
75002 PARIS
FRANCE

The Customer Service Department will then tell the Consumer what steps to take.

The Product(s) must without fail be returned in their original packaging with the return form completed.

The initial shipping costs will be reimbursed by THE DIFFERENT COMPANY.

 THE DIFFERENT COMPANY does not accept packages that are sent C.O.D.

The Consumer remains responsible for any risk associated with the return of the Product(s).

On receipt of the allegedly non-compliant Product(s), THE DIFFERENT COMPANY will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, THE DIFFERENT COMPANY will then reimburse the Customer, to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).

ARTICLE 8: LIABILITY

 THE DIFFERENT COMPANY may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service breakdowns, an exterior intrusion or the presence of a computer virus.

Without restricting the scope of the foregoing provisions, THE DIFFERENT COMPANY's liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved.

 THE DIFFERENT COMPANY is not liable for breaches of its obligations, as defined herein, that arise out of a case of force majeure.


ARTICLE 9: LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS

9.1. Privacy Considerations

Customers are required to provide the personal information collected in the context of distance selling, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by THE DIFFERENT COMPANY or its sub-contractors, which are subject to the same obligations, only for processing orders received. If all the information is not entered, the order will be rejected automatically.

In accordance with the French law on the protection of personal data, law no. 78-17 dated 6 January 1978, the Customer has a right to access, amend, rectify and delete personal data collected by THE DIFFERENT COMPANY that concern him/her. To exercise this right, the Customer has the choice of sending an e-mail to the Customer Services Department of THE DIFFERENT COMPANY at the following address: info@diffcomp.com, or sending a letter by post to the following address:

 THE DIFFERENT COMPANY
Customer Service - Internet
3 Rue Chabanais
75002 PARIS
FRANCE

 THE DIFFERENT COMPANY undertakes not to resell the Customer's contact details to third-party companies without prior consent.

The Customer may receive informational e-mails from THE DIFFERENT COMPANY concerning THE DIFFERENT COMPANY's products and activities. The Customer is entitled to refuse to receive such communication either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by e-mail to the following address: info@diffcomp.com, or by post to the following address:

 THE DIFFERENT COMPANY
Customer Service - Internet
3 Rue Chabanais
75002 PARIS
FRANCE

9.2. Force Majeure

No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes "force majeure," such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event.

The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event.

If the “force majeure” event lasts for longer than one (1) month, THE DIFFERENT COMPANY shall be allowed to not honour the order, though THE DIFFERENT COMPANY is obliged to reimburse the Customer, in the case s/he has paid,, the amounts paid by the Customer for the order concerned.

9.3. Partial Non Validation

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.

9.4. Amendments to the General Terms and Conditions of Sale

 THE DIFFERENT COMPANY reserves the right to amend these General Terms and Conditions of Sale at any time. Any new version of them will be announced in advance on the Site.

The version on-line on the Site will, if there is any contest, take precedence over any other versions of these General Terms and Conditions of Sale.

9.5. Entire agreement

These General Terms and Conditions of Sale and the order summary sent to the Customer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.

9.7. Cookies

 THE DIFFERENT COMPANY may place a cookie on the Customer's computer during browsing on the Site. This cookie enables THE DIFFERENT COMPANY to record information about the browsing of the Customer's computer on the Site (pages viewed, date and time of viewing, etc.) and also has the goal of providing an ease of use and a browsing comfort, especially through the personalisation of some pages. The Customer may decline the recording of cookies by configuring his/her browser to reject cookies.

9.8. Applicable laws – Disputes

The law that applies to these General Terms and Conditions of Sale is French law.

Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of Paris or the courts appointed by the common law provisions.