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Legal notices and T&Cs

TERMS OF SALES

PREAMBLE

These general conditions of sale are those of the company THE DIFFERENT COMPANY, SARL with capital of €578,100.00 (euros), whose head office is 22 bis rue des Volontaires 75015 PARIS, FRANCE, registered in the Trade and Commerce Register. Companies (RCS) of Paris under number B423541697, Intra-Community VAT FR84 423541697.

The offices of THE DIFFERENT COMPANY are located at 37-39 rue Louise Weiss 75013 PARIS, France. Telephone: +33 981 72 83 40 E-mail: info@thedc.fr

These general conditions of sale apply to any sale of products made to natural persons (hereinafter referred to as the “Consumer”) via the website www.thedifferentcompany.com or its derived addresses (hereinafter referred to as the “Site”). .

THE DIFFERENT COMPANY offers Consumers browsing the Site the sale of perfumery and personal hygiene products and perfume diffusers (hereinafter referred to as the “Products”). It is specified that the Products are intended exclusively for the personal use of the Consumer and cannot be acquired with a view to their resale.

These conditions cannot have the purpose or effect of depriving consumers in the European Union of the mandatory legal provisions provided for by the legislation of their own country. If one of the provisions of these conditions proves to be contrary to the mandatory rule of law from which the Consumer could benefit under his national legislation, this provision would not be applicable to this Consumer, all other provisions remaining valid otherwise.

Consultation of the Site by the Consumer is also governed by the conditions of use of the Site which he accepts without reservation.

For the purposes of this Agreement, it is agreed that the Consumer and THE DIFFERENT COMPANY will be collectively referred to as the “Parties” and individually referred to as the “Party”.
ARTICLE 1: SCOPE OF APPLICATION

These General Conditions of Sale define the terms of sale of THE DIFFERENT COMPANY Products to the Consumer, as well as the rights and obligations of the Parties arising from the sale of the Products offered on the Site www.thedifferentcompany.com.

THE DIFFERENT COMPANY may at any time update these General Conditions of Sale without notice, which can be consulted at any time by the Consumer. These General Conditions of Sale govern without restriction the sales of Products made on the THE DIFFERENT COMPANY online store.

By placing an order for a Product on the Site, the Consumer acknowledges having read these General Conditions of Sale and having accepted them without restriction. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the site on the date the order is placed. This acceptance is in no way conditioned by a handwritten signature on the part of the consumer. It is specified that the consumer can save or print these General Conditions of Sale, provided however not to modify them.


ARTICLE 2: THE PRODUCTS

2.1 Description of products

THE DIFFERENT COMPANY presents the Products for sale on the Site as well as their detailed descriptions on the product pages.

2.2. Availability

At any time THE DIFFERENT COMPANY reserves the right to modify or no longer market the Products offered on the Site, these modifications having however no impact on orders that THE DIFFERENT COMPANY will have accepted before the entry into force of these modifications.

On each product page, the availability time for sending the order is indicated. If, however, a Product is unexpectedly out of stock, thus delaying the sending of the order, an informative e-mail will be sent to the Consumer.

2.3 Price

2.3.1 All product prices are indicated in Euro including the applicable VAT for delivery in France. The applicable prices are those indicated on the Site at the time the Consumer places his order, after possible adjustment of the VAT applied automatically following the indication of the country of destination of the order, except typographical error. The prices of the Products exclude the delivery cost which is added to the order total on the “Basket” page. Customs taxes are not included in Product prices or in the order total, and may be due upon delivery depending on local regulations.

2.3.2 At any time and without notice, THE DIFFERENT COMPANY reserves the right to modify its prices. These modifications will, however, have no impact on orders that THE DIFFERENT COMPANY will have accepted before the entry into force of these modifications, subject to the availability of the Products ordered. Product offers are valid as long as they are visible on the site, while stocks last.


ARTICLE 3: ORDER

3.1 Terms of order

By browsing the Site, the Consumer has the opportunity to read the Products offered for sale on the day of consulting the Site. Browsing the different pages of the Site does not bind the Consumer in any way regarding an order. The choice and purchase of a Product is placed under the sole responsibility of the Consumer.

While browsing the Site, the Consumer wishing to place an order can do so by simply clicking on the “Add to cart” icon which appears below the product description. By default, the quantity mentioned is 1. If the desired quantity to order is greater than 1 unit, the Consumer can manually modify the quantity.

The Consumer can view their order by clicking on the basket icon at the top right and can complete it, modify it or cancel it at any time before the actual payment stage. On this same page, the Consumer can see an estimate of delivery costs.

Once the selection of Products is complete, the Consumer can order them by clicking on “Validate your basket”. A new internet page will then open inviting the Consumer to identify themselves or create an account. The Consumer must communicate his contact details by accurately completing the form provided to him. Then he will choose the desired delivery method.

The Consumer must check all the information relating to his order before selecting a payment method and accept the General Conditions of Sale before confirming and paying for his order.

The data recorded by THE DIFFERENT COMPANY constitutes proof of all transactions between THE DIFFERENT COMPANY and the Consumer.

3.2. Order confirmation

3.2.1 Once these General Conditions of Sale have been accepted and the cash payment has been validated, a printable and saveable summary of the Consumer's order will be displayed and will notably mention the order references.

The Consumer will receive a confirmation e-mail containing all the details of their order placed on the Site www.thedifferentcompany.com.

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

3.2.3. In order to protect THE DIFFERENT COMPANY from abusive, fraudulent, or non-compliant practices with the distribution networks it has set up, in the event that THE DIFFERENT COMPANY suspects one of these practices in the course of an order, THE DIFFERENT COMPANY reserves the right to ask the Consumer for additional documents (proof of address and debit in the name of the Consumer, photocopy of the Consumer's identity card, photocopy of the Consumer's bank card, or other. ) in order to eliminate suspicion of such practices.

In the absence of a response from the Consumer within fifteen (15) days following sending of the request by THE DIFFERENT COMPANY, the order will be canceled and THE DIFFERENT COMPANY will reimburse it as quickly as possible. on the bank account debited when ordering.

3.3 Proof of order

In general, there is an express agreement between THE DIFFERENT COMPANY and the Consumer that emails will be authentic between the Parties as will automatic recording systems on the Site, particularly as to the nature of the order.

The Consumer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Consumer and THE DIFFERENT COMPANY. To do this, he must contact Consumer Services by email at info@thedc.fr to whom he will provide all the information necessary to do this, in particular the order number and contact details.


ARTICLE 4: PAYMENT

4.1. Payment must be made online at the time of ordering by Europar credit card or PayPal. Payment by credit card must be authenticated by a 3D Secure code.

Orders are processed upon receipt of full payment made by the Consumer. If the order was paid by credit card or Paypal, the order will be validated the following working day.

4.2. THE DIFFERENT COMPANY reserves the right to refuse any order or delivery due to an existing dispute with the Consumer, total or partial non-payment of a previous order by the Consumer, refusal of authorization for payment by credit card from banking organizations , non-payment or partial payment.

4.3. The Consumer guarantees THE DIFFERENT COMPANY any authorizations necessary to use the payment method chosen at the time of validation of the order. If the bank refuses, the order will be automatically canceled.

4.4. THE DIFFERENT COMPANY uses the Sogenactif payment platform provided to it by Société Générale.


ARTICLE 5: DELIVERY

5.1. Delivery terms

The Products ordered by the Consumer will be delivered to the postal address provided by the Consumer when ordering online either by the Postal Services or another transport company.

The Consumer will be able to follow the progress of his delivery on the Site, by clicking on “My account” and indicating his email address and password provided at the time of his order.

In the event of the Consumer's absence, the carrier will leave a notice in the Consumer's mailbox. The Consumer must then contact the carrier in order to agree on a new delivery date. It is nevertheless specified that if the Consumer does not contact the carrier again, the latter will carry out two (2) new delivery attempts, the date and time of which will be determined at the discretion of the carrier itself.

Delivery being ensured by a third party service provider, THE DIFFERENT COMPANY cannot be held responsible in any way if the non-performance or poor performance of this obligation is attributable to the Consumer or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.

5.2. Time limit

The Products will be transported by the Colissimo or Chronopost services, the average delivery times of which are given as an indication:
France: 2 working days from dispatch
International: 2 to 10 business days from shipping

Saturdays, Sundays and public holidays in France are not considered working days.

In any event, the order will be executed within a maximum period of thirty (30) days from the day following that on which the Consumer transmitted his order, subject to full payment of the price.

5.3. Late delivery

If the maximum delivery time of thirty (30) days is exceeded and if the Product(s) ordered have not yet been shipped, the Consumer may cancel his or her order within fourteen (14) days by registered letter with acknowledgment of receipt. receipt sent to the following address: THE DIFFERENT COMPANY Internet Consumer Service 37-39 rue Louise Weiss PARIS France or by sending an email to: info@thedc.fr.

From receipt of the Consumer's letter and if delivery has not taken place in the meantime, THE DIFFERENT COMPANY will reimburse the bank account debited when ordering, as soon as possible, to the exclusion of any other compensation. , the total amount of the order placed.

In the event of partial delivery, delivery may be made in several installments, and the Consumer may only cancel their order for the undelivered balance.

Any delay in delivery must be reported as quickly as possible by the Consumer by email to info@thedc.fr, so that THE DIFFERENT COMPANY can open an investigation with the carrier. The Consumer must be informed that the duration of carrying out a survey is uncertain, as THE DIFFERENT COMPANY does not control its carrying out. If during this investigation, the package is found, it will be immediately re-routed to the delivery location designated when the Consumer ordered.

However, if at the end of this investigation it was confirmed the loss of the package containing the Product(s), THE DIFFERENT COMPANY will, at its expense, reship the Product(s) to the Consumer or in the event of definitive unavailability, will reimburse, from the bank account debited at the time of the order, the Consumer for the sums collected according to the terms of these General Conditions of Sale.

5.4. Reception

Each delivery is deemed to have been made as soon as the Product(s) are made available to the Consumer by the carrier, materialized by the control system used by the carrier.

It is up to the Consumer to immediately check the conformity and integrity of the Product(s) shipped upon receipt of the Product(s).

In the event of delay, breakage or missing items, the Consumer must provide complete and precise reservations on the delivery slip. In any event, the Consumer can only exercise his recourse against the carrier to whom he must express his reservations. Any reservation must be confirmed by registered letter to the carrier within three (3) days following receipt.

Any reservation of this type must also be notified to THE DIFFERENT COMPANY Consumer Service within the same period and in the same form at the following address: THE DIFFERENT COMPANY Internet Consumer Service 37-39 rue Louise Weiss PARIS France or by sending an email to: info@thedc.fr. A copy of the complaint addressed to the carrier must be attached.

Any claim made after this deadline or without respecting the required form will be rejected and THE DIFFERENT COMPANY will be released from all liability.


ARTICLE 6: RIGHT OF WITHDRAWAL

The Consumer has a withdrawal period of fourteen (14) days, from receipt of the Product(s) by the Consumer. In the case of an order including different items delivered in several installments, the period of fourteen (14) days will run from receipt of the last Product.

In this case, the Consumer sends his request via https://RETIR.symmpl.fr by filling in the required fields or possibly by email to info@thedc.fr and must return the complete Product(s). , in perfect condition, unopened and in their original packaging accompanied by a copy of the return slip to the address indicated by the return slip.

The right of withdrawal cannot be exercised regarding personal hygiene products (Shower Velvet, Exquisite Emulsion and soaps).

Return costs are the responsibility of the Consumer, subject to error coming from THE DIFFERENT COMPANY. In the latter case, THE DIFFERENT COMPANY will send a Colissimo label to the Consumer or reimburse the return costs.

If the Consumer withdraws from his entire order, THE DIFFERENT COMPANY must reimburse the entire amount paid, except delivery costs. THE DIFFERENT COMPANY is not required to reimburse additional delivery costs when the consumer has chosen an express delivery method, which is more expensive than the standard delivery method.

THE DIFFERENT COMPANY undertakes to reimburse the Consumer using the same initial means of payment, within a maximum period of fourteen (14) days from the date of the withdrawal request, subject to compliance with the conditions mentioned above.

In the event of return of the Product(s) after the aforementioned deadline, the Consumer will not be reimbursed. The Product(s) may be returned at the Consumer's expense.


ARTICLE 7: COMPLIANCE AND GUARANTEE OF PRODUCTS

The Product(s) are subject to the conditions and guarantees provided for by French law.

THE DIFFERENT COMPANY as a professional seller guarantees that the Products conform to the expected use, and do not present any defects or hidden defects making them dangerous or unfit for their normal use.

Furthermore, for any non-compliant Product, the Consumer must contact THE DIFFERENT COMPANY Internet Consumer Service by post at 37-39 rue Louise Weiss PARIS France or by email at: info@thedc.fr.

The Consumer Service will then indicate to the Consumer the procedure to follow.

The Products must be returned in their original packaging with the product return form within fourteen (14) days from receipt of the Product(s) by the Consumer.

THE DIFFERENT COMPANY does not accept parcels sent postage collect.

Any risk linked to the return of the Product(s) is the responsibility of the Consumer.

Upon receipt of the Product(s) presumed to be non-compliant(s), THE DIFFERENT COMPANY will carry out an inspection of the Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed, THE DIFFERENT COMPANY will then reimburse (including the initial delivery costs), on the account debited when ordering, the non-compliant Product(s). conform(s) within fourteen (14) days from the date of request for withdrawal, subject to compliance with the conditions mentioned above.


ARTICLE 8: RESPONSIBILITY

THE DIFFERENT COMPANY cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of a computer virus.

Without limiting the scope of the preceding provisions, the liability of THE DIFFERENT COMPANY hereunder cannot exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned.

THE DIFFERENT COMPANY is not liable in the event of failure to fulfill its obligations, as defined herein, resulting from a case of force majeure.


ARTICLE 9: LEGAL NOTICES AND LEGAL CLAUSES

9.1. Computing and Freedom

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential, it will only be used by THE DIFFERENT COMPANY or its subcontractors, subject to the same obligations, for the processing of orders placed. Failure to provide information will result in the automatic rejection of the order.

In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Consumer has the right to access, modify, rectify and delete personal information collected by THE DIFFERENT COMPANY concerning it.

To exercise this right, the Consumer may choose to send an email to THE DIFFERENT COMPANY Consumer Service at the following address: info@thedc.fr or send a postal letter to the following address: THE DIFFERENT COMPANY Internet Consumer Service 37-39 rue Louise Weiss PARIS France

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

The Consumer may receive emails from THE DIFFERENT COMPANY providing information on THE DIFFERENT COMPANY's products and activities. The Consumer retains the possibility of refusing such communication either by not giving his consent at the time of validation of the order, or by expressing his refusal by email to info@thedc.fr or by post to the following address: THE DIFFERENT COMPANY Internet Consumer Service 37-39 rue Louise Weiss PARIS France

9.2. Force majeure

No Party may be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure such as in particular, and without this list whether limiting, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout. The Party having been affected by such events must inform the other Party as soon as possible and at the latest within five (5) working days of the occurrence of this event.

The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

If the case of force majeure lasts for more than one (1) month, THE DIFFERENT COMPANY may not honor the order, it being up to THE DIFFERENT COMPANY to reimburse the Consumer, if necessary, for the sums paid by him under of the order concerned.

9.3. Partial non-validation

If one or more stipulations of these general conditions of sale are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect. their strength and scope.

9.4. Changes to the general conditions of sale

THE DIFFERENT COMPANY reserves the right to modify these general conditions of sale. Any new version of these will be indicated on the Site.

The online version on the Site will prevail, where applicable, over any other version of these general conditions of sale.

9.5. Entire contract

These general conditions of sale and the order summary sent to the Consumer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

9.6. Cookies

THE DIFFERENT COMPANY may install a cookie on the Consumer's computer while browsing the Site. This cookie allows THE DIFFERENT COMPANY to record information relating to the navigation of the Consumer's computer on the Site (pages consulted, date and time of consultation, etc.) and also aims to provide comfort navigation and use of the Site, in particular through the personalization of certain pages. The Consumer can oppose the recording of cookies by configuring their browser to this effect.

9.7. Applicable law - Disputes

The law applicable to these general conditions of sale and the related sales is French law.

Any dispute which could arise in connection with their validity, interpretation or execution and which has not been settled amicably by the Parties, will be submitted to the courts within the jurisdiction of Paris or to the courts whose jurisdiction will be determined by application of common law.

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GENERAL

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