General Conditions of Sales

I. DEFINITIONS

  • “T&Cs” refers to these Terms and Conditions of Sale detailing the conditions of use of the Site and the terms for placing Orders;

  • “Client” means any natural or legal person with or without a valid Account and/or placing one or more Orders;

  • “Order(s)” means the Client’s firm order(s) for the purchase of one or more Product(s) available on the Site;

  • “Account” refers to a valid User account that allows Orders to be placed;

  • “Content” refers to the content (text, sound, video) uploaded to the Site by and belonging to D’ORSAY;

  • “Personal Data” refers to any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements relating to their physical, physiological, genetic, mental, economic, cultural, or social identity;

  • “Privacy Policy” refers to the document established by D’ORSAY outlining the processing of Users’ Personal Data and defining their corresponding rights;

  • “Product(s)” refers to the perfumery and cosmetic product(s) and, more generally, the products offered for sale by D’ORSAY via the Site. All Products offered for sale on the Site are new;

  • “Site” means the D’ORSAY online store accessible from any device (including mobile and tablet) at www.dorsay.com, from which Users may place an Order;

  • “User” means any person, Client or not, who visits or browses the Site.

II. PRESENTATION OF THE SITE WWW.DORSAY.COM

The Site is published by D’ORSAY INTERNATIONAL, a simplified joint-stock company with sole shareholder, with a share capital of €50,000, registered with the Paris Trade and Companies Register under number 812 823 847, having its registered office at 55, avenue Montaigne, 75008 Paris (France), and represented by its President AH CONSULTING, itself represented by its Managing Director, Mrs. Amélie HUYNH ("D’ORSAY").

The T&Cs are accepted by Clients upon registration on the Site and/or when placing an Order and are available to Users at all times from the Site.

Users acknowledge having read and understood the T&Cs and hereby agree to be bound by them.

D’ORSAY reserves the right, at its sole discretion, to modify the T&Cs at any time. The applicable T&Cs are those accepted by the Client at the time of placing the Order.


III. PLACING ORDERS FROM THE SITE

Orders are placed via the Site.

3.1. CREATING AN ACCOUNT OR USING THE SITE AS A GUEST WITHOUT CREATING AN ACCOUNT
To place an Order, the User may either create an Account by choosing a password or use the Site as a guest without creating an Account.

In case of Account creation, the User will receive a confirmation email from D’ORSAY.
If the User already has an Account, they may log in using their password. User passwords are strictly personal and confidential. D’ORSAY recommends Users change their passwords regularly and choose complex passwords including letters, numbers, and special characters. Users must not share their password. Users are responsible for any loss or theft of their password if they are proven at fault. In such a case, they must immediately inform D’ORSAY.

For more information about how D’ORSAY processes Personal Data, Users are invited to consult the Privacy Policy.

3.2. SELECTING PRODUCTS AND ADDING PRODUCTS TO THE CLIENT'S BASKET
Users may select Products of their choice, provided they are available for online sale, and in the desired quantity, subject to D’ORSAY’s acceptance.

The total price excluding tax and including all taxes will be displayed on the Site. Clients can consult delivery costs, delivery times, and return conditions on the "assistance" page.

To add a Product to the basket, the Client must:

  • Choose the Product and desired quantity;

  • Click the “add to basket” button.

Each new addition to the basket will be shown on the Site by an updated number of items in the basket.

At any time, the User may view a summary of selected Product(s), continue shopping, or proceed to checkout.

3.3. PAYMENT TO COMPLETE THE ORDER
Before finalizing the Order and proceeding to payment, the User is directed to a page allowing them to review the details of the selected Product(s), which may be modified.

Before payment, the User must enter billing and shipping information and choose the delivery method, including any applicable delivery costs.

Estimated delivery times will be provided.
The User must review their Order and accept the T&Cs before proceeding to payment.

Payment may be made by any method offered on the Site, including credit cards (MasterCard, Visa, and American Express), PayPal, or Stripe.

D’ORSAY will process the Order only after payment is received.

3.4. ORDER CONFIRMATION BY D’ORSAY
After placing the Order, the Client may access a summary via their Account, including the transaction number. This summary will also be sent via a confirmation email including all contractual elements of the sale.

These details serve as proof of the nature, content, and date of the Order, and are binding, as expressly agreed.

3.5. DELIVERY OF PRODUCTS TO THE ADDRESS PROVIDED BY THE CLIENT
Products will be delivered to the address provided by the Client during the Order.

The Client may track their delivery using the tracking number provided.

The package may include complimentary samples from D’ORSAY, which are not part of the Order.

IV. PURCHASE CONDITIONS & CLIENT WARRANTIES

To place an Order, the Client, if a natural person, must be of legal age (or, if under eighteen, be at least sixteen years old and place the Order with their legal guardians) and be legally capable of entering into a contract.

If the Order is placed on behalf of a legal entity, the User declares and guarantees that they are authorized to do so. In such cases, D’ORSAY may limit the quantity of Products ordered based on stock, and the Client agrees to purchase for personal use only and not for resale.

The Client guarantees that Products will not be delivered, sold, or distributed for commercial purposes.

Any Order in breach of this article will be null and void.

By confirming an Order, the Client submits a purchase offer to D’ORSAY for the selected Products. D’ORSAY reserves the right to refuse, cancel, or terminate Orders at any time for legitimate reasons, especially in the event of T&Cs violations or suspected fraud.

V. PRODUCT INFORMATION & AVAILABILITY

Products offered for sale are those listed on the Site and available to Order, unless exceptionally unavailable or withdrawn by D’ORSAY.

Offers, including promotional ones, remain valid as long as they appear on the Site. Promotional offers not originating from the Site shall not be binding upon D’ORSAY.

D’ORSAY makes every effort to comply with Article L.111-1 of the French Consumer Code by publishing essential product features online. Product photos are for illustrative purposes only and are not contractual.

Users are invited to read each Product’s description for its essential features. Product composition is provided at least in French and English. Users may also visit D’ORSAY boutiques for personalized advice and product testing.

In the event of exceptional unavailability, D’ORSAY will inform the Client promptly, who may modify or cancel the Order. In any case, D’ORSAY will offer a Product of equal quality and value.

VI. PRODUCT PRICES & DELIVERY FEES

Product prices are firm, in euros, inclusive of all taxes including VAT, based on the prices communicated on the Site. Products are invoiced at the price in effect at the time of Order confirmation.

Packaging and shipping fees are visible on the Site and communicated to the Client before confirming the Order.

Prices shown on the Site at the time of placing an Order do not bind D’ORSAY for future Orders. Prices may be changed at any time without notice, except for Orders already confirmed.

VII. PAYMENT & INVOICING

Clients must pay for their Order in full by credit card via technical service providers PayPal or Stripe, or by any other means accepted by D’ORSAY.

Clients must enter their payment details via the secure online payment processor.

In case of payment refusal, D’ORSAY reserves the right to suspend the Order and delivery, and the Client must contact their card issuer.

Products remain the property of D’ORSAY until full payment is received. In case of payment failure, the Client agrees to return the Product(s) upon first request.

On the delivery date, risks (loss, theft, damage) are transferred to the Client.

Invoices are dated on the Order date, emailed to the Client, and included in the package. Clients can access all invoices via their Account for a limited time.

VIII. ADDITIONAL SERVICES: GIFT PACKAGING

Upon Client request, D’ORSAY may send Product(s) in one or more gift pouches.

IX. SHIPPING & DELIVERY

Products will be delivered to the shipping address provided during the Order. Once validated, the Order and delivery address cannot be changed due to immediate processing.

Unless stated otherwise, D’ORSAY delivers to mainland France (including Corsica), all EU countries, and internationally (including the U.S.) under the conditions detailed on the Site.

Delivery times are listed on the Site and generally range from one to three business days (excluding holidays). Customs checks may delay U.S. deliveries.

For EU Orders, shipping is free above €150 (for select destinations). D’ORSAY reserves the right to change shipping costs and free shipping thresholds, except for already confirmed Orders.

U.S. Orders are not eligible for free shipping.

For non-France deliveries, customs duties or local taxes may apply and are the Client’s sole responsibility. Clients must check with local authorities before placing an Order.

Delivery is deemed completed upon receipt by the Client or recipient. They must check immediately for transport damage and notify D’ORSAY.

No delivery complaints are accepted if the carrier’s system shows the parcel as delivered.

D’ORSAY disclaims liability for delivery delays or failures caused by the Client, an unforeseeable third party, or force majeure (as per Article L.121-19-4 of the French Consumer Code).

X. RIGHT OF WITHDRAWAL FOR NON-PROFESSIONAL CLIENTS

In accordance with applicable law, non-professional Clients may withdraw within fourteen (14) days of receiving the Products, without needing to justify the decision.

For Orders with multiple Products, the withdrawal period starts upon receipt of the last item.

To exercise this right, Clients must return the form below or send a clear written statement to D’ORSAY at: D’ORSAY, 21 Rue de Marignan, 75008 Paris (France).

Products must be returned within 14 days of notifying the withdrawal decision.

In accordance with Article L121-20-1 of the French Consumer Code, the full Order amount and any delivery fees will be refunded.

In mainland France, return shipping is covered by D’ORSAY, which will provide return instructions upon notification.

Returned Products must be in perfect resale condition (unopened, undamaged, clean), in original packaging with any accessories (excluding gift wrap) and a copy of the invoice.

If accepted, the refund will be made by the original payment method within 14 days of D’ORSAY receiving the Product(s).

Model withdrawal form:
To: D’ORSAY INTERNATIONAL – 21 Rue de Marignan, 75008 Paris (France) / alfred@dorsay.com
I, ____________, hereby notify you of my withdrawal from the contract concerning the sale of the following product: ____________.
Ordered on: _______________ / Received on: ______________
Name: __________________________
Address: _______________________
Signature:
Date: ____________________________


XI. NON-CONFORMITY & HIDDEN DEFECTS

This article is without prejudice to the withdrawal right in Article X.

If Products delivered do not match the Order, the Client must:

  • Inform D’ORSAY within 48 hours via the contact form, explaining the non-conformity;

  • Return the Product(s) unused, in perfect condition, in original packaging, with all accessories and documentation (manuals, certificates, etc.) and the delivery slip.

Damage caused by the Client may result in liability and claims for compensation.

Clients must follow the return procedure described on the Site.

Return shipping costs are covered by D’ORSAY only if the non-conformity claim is valid and upon provision of supporting documents. Reimbursement is made to the Client’s bank account.

If repair or replacement is not possible, a refund will be issued within 14 days of D’ORSAY receiving the Product(s).

XII. LEGAL GUARANTEES

The Products sold on the Site are subject to the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, and to the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Under these guarantees, D’ORSAY undertakes to either refund or exchange any defective or non-conforming Products as long as the conditions set by law are met.

12.1. Legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code)
The consumer has a period of two years from delivery of the goods to invoke the legal guarantee of conformity.
During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the contract of sale of the good provides for the continuous supply of digital content or digital service for a period of more than two years, the legal guarantee applies to this digital content or service throughout the supply period.

The legal guarantee of conformity entitles the consumer to have the good repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the good, but the seller imposes a replacement, the legal guarantee is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by returning the good, if:

  • The professional refuses to repair or replace the good;

  • The repair or replacement occurs after the thirty-day period;

  • The repair or replacement causes a significant inconvenience to the consumer, particularly if the consumer definitively bears the cost of return or removal of the non-conforming good, or bears the installation of the repaired or replacement good;

  • The non-conformity of the good persists despite the seller’s attempt to bring it into conformity.

The consumer is also entitled to a reduction in price or to terminate the contract where the lack of conformity is so serious as to justify immediate price reduction or contract termination. In such cases, the consumer is not required to request repair or replacement beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the good is immobilized for repair or replacement suspends the warranty period until delivery of the repaired good.

The aforementioned rights result from Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who hinders the implementation of the legal guarantee in bad faith may be fined up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the buyer to a price reduction if the good is retained or a full refund if returned.

12.2. Legal guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code)
The Client may invoke the guarantee against hidden defects as defined by Article 1641 of the Civil Code, which states:

“The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish its usefulness that the buyer would not have acquired it, or would have given only a lower price, had they known of them.”

This action must be brought within two years from discovery of the defect (Article 1648 of the Civil Code).

XIII. LIABILITY

D’ORSAY cannot be held liable for damages arising from improper use of the Products by the Client or any third party.

D’ORSAY’s liability is limited to direct and foreseeable damages that may result from use of the Site or from the sale of Products, except in cases of fraud or gross negligence.


XIV. FORCE MAJEURE

D’ORSAY shall not be held liable for non-performance or delays caused by force majeure as defined in Article 1218 of the French Civil Code and by applicable case law.

Force majeure includes, but is not limited to: natural disasters, fires, internal or external strikes, internal or external breakdowns or failures, and more generally any event preventing proper execution of Orders.

If a case of force majeure lasts longer than one (1) month, the Client may cancel the Order and D’ORSAY shall refund the amount paid, without this giving rise to any further compensation.

XV. INTELLECTUAL PROPERTY

All elements appearing on the Site (texts, photographs, logos, images, graphic or editorial charters, software, icons, layout, databases, etc.) are protected under intellectual property law and are the exclusive property of D’ORSAY or its partners.

The Client is prohibited from using, distributing, copying, reproducing, modifying, distorting, or transmitting all or part of the Site or any of its elements without the prior written authorization of D’ORSAY.

Any breach of this clause may result in legal proceedings.


XVI. PERSONAL DATA

D’ORSAY collects and processes Users' Personal Data in accordance with the applicable regulations, in particular the General Data Protection Regulation (GDPR) and the French Data Protection Act of January 6, 1978.

To learn more about how Personal Data is collected and processed, Users may consult the Privacy Policy available on the Site.

XVII. DISPUTES – CONSUMER MEDIATION – APPLICABLE LAW

The T&Cs are governed by French law.

In the event of a dispute, the Client is invited to contact D’ORSAY customer service first to seek an amicable resolution.

If no agreement is reached, the Client may submit the dispute to a consumer mediator. D’ORSAY adheres to the services of the CMAP (Centre de Médiation et d’Arbitrage de Paris), which may be contacted as follows:

The Client may also use the European online dispute resolution platform available at: https://ec.europa.eu/consumers/odr

If mediation fails, any disputes will be submitted to the exclusive jurisdiction of the French courts.