Terms of Sales
Date last updated: September 1st, 2020
We would like to welcome you to the LEAF-CYCLE SAS website for the AEMIUM brand, www.aemium.com (the ‘Website’), and we are pleased to offer you a range of perfume products, cosmetics available on the Website (the ‘Products’).
Our Product offering on the Website is exclusively reserved for private individuals and not businesses, or for ‘end buyers’ shopping for private purposes (‘Customers’).
1. What do our Ts&Cs of online sales contain? Why do we recommend that you read them carefully?
Our Terms & Conditions of Sale define the terms of online sales and Product delivery as well as the steps required to place an order, and they describe all your obligations and rights as well as those of LEAF-CYCLE SAS, which result from the confirmation of your online order of these Products on the Website.
Please read the Terms and Conditions of the online sale of our Products available on the Website because prior to placing an online order with LEAF-CYCLE SAS, it will be considered that you have read, understood and unreservedly accepted our Terms and Conditions of Online Sales. This is prior information that you must read, as per the stipulation of Article L.221-5 of the French Consumer Code.
Acceptance of these Terms and Conditions of Sale under no circumstances requires your written signature.
Our Terms and Conditions of Sale are available on the Website and can also be provided at your request by e-mail or post. You can also save or print these Terms and Conditions of Sale on condition that you do not alter them.
We reserve the right to alter our Terms and Conditions of Online Sales at any time, with the date last they were last updated shown at the top of this page. Whenever you order our Products online, the Terms and Conditions of Sale that will be applied are those in effect on the date of your order.
Our Terms and Conditions of Sale apply to all Customers purchasing our Products on the Website, to the exclusion of any other document, and in particular terms applicable to shop sales or sales through other distribution and marketing circuits.
Our Products are available for sale within the framework of a selective distribution network and are exclusively for your private use. Consequently, the resale or distribution of AEMIUM Products purchased on the Website is strictly prohibited.
If you have any questions about the content of our Terms and Conditions of Online Sales, you can ask them before placing an order if you wish by filling in this form.
2. Who are we?
Online sales of Products on this Website are managed by
simplified joint-stock company with capital of €5000,
EU VAT number: FR 09 845 056 530,
registered on the Orleans Trade and Companies Register under number 845 056 530
whose registered office is located at 160, rue de la Verdelle 45430 Mardié, France
3. Product information and availability
While stocks last, we offer our online Customers the sale of Products that are only available on the Website, on the day of your visit. Should Products become unavailable after you place your order, you will be informed by email or telephone as soon as possible, offering you the option to either order another item that is available on the Website as a replacement, or to cancel the Sale. In the latter case, you will be reimbursed at the latest within 30 days of the payment date, if your bank card has been debited. Under no circumstances will LEAF-CYCLE be liable for the Products being out of stock or unavailable.
We reserve the right to withdraw Products from online sale at any time and without prior information.
All the Products offerings available to our Customers on the Website are limited to orders placed for delivery in Mainland France (including Corsica), Monaco, Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, the Czech Republic, Denmark, Germany, Estonia, Finland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
We have taken particular care with Product presentation and description. However, the photographs that illustrate the Products sold on the Website are not contractual and only shown as an indication. LEAF-CYCLE cannot be held liable for any error or inaccuracy in the photographs or graphic representations of Products on the Website. Please see each Product’s description to find out its features or ask us questions by contacting our Customer Services via this form.
The purchase offers, including promotional offers, are valid while they are advertised on the Website. LEAF-CYCLE is not bound by any promotional offer that does not originate from the Website.
4. The price of our Products on the Website
The applicable price is the price shown on the Website when you place your order.
Prices are shown in euros and include all taxes and VAT applicable in France on the order date. Any change in the legal rate of VAT will be applied to the price of Products available on the Website. In countries outside the European Union, sales will be made tax-free.
Prices do not include Product shipping costs, which will be billed in addition to the price and will be shown before you finally confirm the order. LEAF-CYCLE reserves the right to amend its prices at any time, given that the Products ordered are invoiced at the price applicable when your order is registered, on condition that the Products ordered are available.
5. How do you place your order and receive confirmation for it?
To purchase Products, you must visit the Website and enter your email address and password or create an account by entering your title, last name, first name, telephone number, address, email address and password.
As the purpose of our Website is to sell Products to individuals for private use, pursuant to Article L121-11 of the Consumer Code, LEAF-CYCLE reserves the right to refuse or cancel any order that does not correspond to a household’s usual average use, or any order that suggests that economic activity is being carried out by the Customer in connection with the Products ordered. Consequently, LEAF-CYCLE reserves the right, for one or more orders in total, to limit the total amount of the order to €2,400 and the quantity ordered to 4 items with the same reference.
In accordance with applicable law, LEAF-CYCLE will fulfil the order within 30 days of the date your order is confirmed, on condition the products are available and the full price has been paid.
Your order will be finally confirmed once you have chosen its delivery method and payment method and clicked the ‘Order’ button, considering that before clicking, you can check the details of your order and its total price, amend it or cancel it if applicable.
An email confirming your order will be sent with the following details:
Your order number with a summary of Product references, the quantity and price,
The total amount of your order with taxes included,
Information about the delivery of Products ordered (expenses, the address, etc.)
You accept that order confirmation and payment confirmation legally generate the sales contract (the ‘Sale’) between you and LEAF-CYCLE. Furthermore, your payment confirmation and the email confirming receipt of the order by LEAF-CYCLE will prove the acceptance of your order and its final confirmation.
The data saved by LEAF-CYCLE and the payment service provider are proof of the nature, content and date of your order. Consequently, as soon as the order and payment have been finally confirmed, you can no longer cancel or amend the Sale, subject to your rights to withdraw and the availability of the Product ordered. Payment will be triggered when your order is confirmed.
Should a Product be unavailable, after the Sale, you will be informed as soon as possible by e-mail or by telephone. The Sale will be cancelled, and if your account has been debited, payment will be re-credited to you as soon as possible, and LEAF-CYCLE will inform you as soon as the Product is available again.
LEAF-CYCLE reserves the right to cancel any order from or Sale to Customers with whom there exists a previous dispute or on any other legitimate grounds given the abnormal nature of the order, in particular orders for unusual quantities and/or amounts for an end customer.
Orders placed for delivery outside France may have different processing times, in particular concerning deliveries of orders excluding VAT.
In general, the computerised registers stored in our IT systems under reasonable security conditions in accordance with our Confidentiality - Data Protection Policy will be considered as evidence of messages, orders and payments made between you and LEAF-CYCLE. Purchase orders and invoices are archived on a reliable and durable medium which may be produced as evidence. We recommend that you print and store confirmation of the order to keep a record of it.
6. How do you pay for your order?
Any order placed on the Website will be payable immediately after your order is confirmed. All orders are payable in euros.
The order is paid for online on the Website with a payment card (Visa Carte Bleue, Mastercard and Paypal). Payment is made via the company Stripe’s secure server. This means that no banking information about you transits via our Website, guaranteeing completely secure payment. The total amount of your order will be debited from your bank account from the day of the order. You acknowledge that if a bank card linked to an account in another currency than the euro is used, your bank may bill you for currency conversion costs and bank charges for which you are liable, and can only be paid by you. In accordance with the Data Protection law of 6 January 1978 and the GDPR, you have the right, at any time, to access, rectify and oppose the processing of all your Personal Data.
If bank card payment authorisation is refused by officially accredited bodies that are established on the Internet, or in the event of non-payment or non-payment of all or part of a previous order, LEAF-CYCLE reserves the right to suspend the execution of your order and any Product delivery.
The Products remain the property of LEAF-CYCLE until it has received full payment for the price. However, you assume the risks (in particular of loss, theft or damage) concerning Products delivered, from the effective delivery date.
7. The terms and delivery prices of your order
When your order has been confirmed and paid for in accordance with these Terms and Conditions of Sale, the Products will be delivered to the address that you entered in the order. We will not deliver to addresses entered on the Website that are P.O. Box addresses.
The delivery time starts from when the order confirmation email is sent.
As delivery is made by a third-party service provider, we inform you that LEAF-CYCLE cannot under any circumstances be held responsible, within the legal limits, if the failure to fulfil or poor fulfilment of delivery conditions is attributable to you or due to the unforeseeable or unavoidable action of a third party to the contract or a case of force majeure.
Any delivery delay above 5 days must be reported as soon as possible by telephone, post or sending this form.
All Products will be delivered by Colissimo. The delivery lead time and cost depend on the delivery zone chosen by the Customer when they place their order, and are shown in the table in the Appendix to these Terms and Conditions of Sale.
8. What to do on receipt of your order: Complaints — Information
As soon as you receive the parcel, it is your responsibility to immediately check the apparent condition of the parcel and the Products and packaging and to note any apparent damage. In the event of delay, damage or partial loss of the Product, you must clearly state reservations that must be written on the delivery receipt provided by the carrier, then immediately inform LEAF-CYCLE by email, post or telephone.
9. How do you exercise your right to withdraw?
From the date of your order’s delivery, and in accordance with the provisions of Article L.221-18 of the French Consumer Code, you have 14 working days to exercise your right to withdraw. If you change your mind, for any reason whatsoever, by deciding not to keep a Product, you can return this Product to us within the cooling-off period by following the procedure explained below, and requesting a refund.
In accordance with Article L. 221-21-3 of the French Consumer Code, the Product return costs will remain at the Customer’s expense, except if the products delivered are not compliant with the order, in which case, these return costs will be borne by LEAF-CYCLE. We do not accept any parcel sent with a postage fee to pay.
The right to withdraw can be exercised online, by filling in the form, and acknowledgement of receipt will be sent by email to the buyer. Any other method of stating withdrawal is acceptable. It must have no ambiguity and express the desire to withdraw.
You have a period of 14 days from the date the email is sent, to return the Product ordered to the same address, with a copy of the purchase invoice, and in its original packaging and not unpacked, to enable the Product returned in new condition to be re-marketed. It is your responsibility to take care of the packaging of the Product returned and arrange its transportation. A Product that has been unpacked, used, damaged or soiled or is incomplete cannot be returned.
Any risk relating to Product returns must be assumed by the customer. LEAF-CYCLE recommends that you take out a parcel tracking option to avoid any inconvenience if the products are lost or stolen during return transportation.
If the order cannot be returned within the time frame given, your order will be considered final and no refund can be given, except in the cases provided for in these Terms and Conditions of Sale. LEAF-CYCLE undertakes to reimburse you the amount of the order for the Products returned, on condition that the aforementioned terms are met. The refund will be made via the payment method you used within 14 days of receipt of the returned Products.
10. What are your legal guarantees?
Legal guarantee of compliance and hidden defects: LEAF-CYCLE guarantees the compliance of the Products for the Sale made with its Customer, which gives you the right to require the implementation of the legal guarantee provided for in Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code.
Article L 217-4 of the French Consumer Code: The seller delivers a product that complies with the contract and handles non-conformities that exist at delivery. They also handle non-conformities that are due to the packaging, assembly instructions or installation, when this is its contractual responsibility or has been carried out under its responsibility.
Article L217-5 of the French Consumer Code: The product complies with the contract:
1/ If it fulfils the purpose usually expected of a product of its kind and, if applicable:
if it matches the description given by the seller and has the qualities that the latter presented to the buyer as a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, producer or its representative, in particular in advertising or labelling;
2/ Or, if it has the characteristics defined by common agreement between the parties or fulfils any special purpose sought by the buyer, of which the seller has been informed and has accepted.
Article L217-12 of the French Consumer Code: The action due to non-conformity must be taken within two years of delivery of the product.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the commercial warranty period agreed at the acquisition or repair of movable property, for reconditioning covered by the warranty, any period during which the product is out of use lasting at least seven days is added to the remaining warranty period.
This period starts when the buyer requests the work, or when the product in question is made available for repair, if this is after the request for work.
Article 1641 of the French Civil Code: The seller is bound by the warranty concerning hidden defects in the sold item that make it unsuitable for its purpose, or which limit this use to such an extent that the buyer would not have acquired it, or would only have paid a low price, if they had known of them.
Article 1648 of the French Civil Code: Proceedings due to unacceptable defects must be initiated by the buyer within two years of discovery of the defect. In the case provided for by Article 1642-1, the proceedings must be initiated within the year that follows the date on which the seller may be relieved of responsibility for the apparent defects or non-conformities.
11. Limitation of LEAF-CYCLE’s liability — Force Majeure
LEAF-CYCLE only has an obligation of means. It is the Customer’s responsibility to judge whether the items they order are suitable for their needs.
LEAF-CYCLE cannot be held liable for use of the Products that does not suit their purpose.
As delivery is carried out by a third party, LEAF-CYCLE declines all responsibility if the delivery time is too long due to the postal services, as well as if the Products ordered are lost or the postal services are on strike. You will assume the risks concerning the Products delivered from the time you take possession at delivery.
LEAF-CYCLE may not be held liable for a total or partial failure to fulfil its obligations, if this failure is due to a fortuitous event or force majeure. These events will be grounds for the suspension and/or cancellation of LEAF-CYCLE’s obligations towards the client, without compensation to the customer.
LEAF-CYCLE reserves the right to suspend operation of the Website, and does not guarantee that the Website will be continuously available, without temporary interruption, suspension or error.
12. How is your personal data processed when you place an order?
LEAF-CYCLE may gather the following personal data from you: - title - first name and last name - postal address - email address - telephone number. This data will be subject to processing by LEAF-CYCLE in order to manage and track your orders and the deliveries of products ordered, in accordance with our Confidentiality — Data Protection policy.
Your personal data will be used by LEAF-CYCLE and its delivery service provider or the provider of any other services required in connection with the execution of your order. They will be stored for the duration strictly necessary for the purposes stated above and archived for the legal period applicable. This data will not be transferred outside the European Union.
In application of the applicable personal data protection regulations, our customers have the right to access, delete and rectify data concerning them as well as the right to limit and oppose the processing of this data. They also have the right to define directives on what will happen to their personal data after their death. However, if the customer exercises their right to delete and oppose the processing of required data, this may prevent them from enjoying certain services provided by the Company.
For any request, please write to: LEAF-CYCLE – Service clients AEMIUM– 160, rue de la Verdelle, 45430 MARDIE France.
Any request must contain the Customer’s last name and first name, their postal address and email address as well as a copy of their ID.
Customers may also make a complaint to the CNIL (French data protection authority) by sending a letter to: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
13. How can you use our Intellectual Property rights on the Website?
Pursuant to the laws and conventions governing intellectual property, copyright or other similar rights, this Website and all the elements, trademarks, drawings, models, photographs, texts, illustrations, logos, animated or non-animated sequences, with sound or not, graphs, etc. that are on this Website as well as their compilation are the exclusive property of the company LEAF-CYCLE S.A.S., which does not grant any licence or any other right than to visit the Website.
The reproduction or use of all or part of these elements is only authorised for the exclusive purposes of providing information for personal and private use, and any reproduction or use of copies made for other purposes is expressly forbidden. Neither all nor part of the Website, nor its content, nor the trademarks can be used, reproduced, duplicated, copied, sold, resold, made accessible, altered or exploited in any other way, either in full or in part, for any purpose whatsoever. Any other use constitutes infringement within the meaning of Articles L 335-2 et seq. of the French Intellectual Property Code.
14. How do you resolve your disputes through mediation?
For any information, complaint or questions relating to the Products and their use or the mail order terms and conditions of sale, customers must write to the AEMIUM Customer Services by filling in this form or by post, mentioning your order number.
Pursuant to Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code, if you believe that your complaint has not be satisfactorily resolved, you can resort to conventional mediation, in particular with the French Consumer Mediation Commission (Commission de la médiation de la consommation) or with the existing sectoral mediation bodies, or any alternative method to settle disputes (conciliation, for example).
You acknowledge that mediation is an extra-judicial settlement of consumer disputes. If the conditions are met, consumer mediation will follow a specific process and the applicable texts. The procedure is free for the consumer (R612-1 of the French Consumer Code).
You can use the consumer dispute mediation service for an order placed with LEAF-CYCLE on the Internet. We would like to remind our customers that before referring the dispute to a mediation service, you must have contacted the LEAF-CYCLE Customer Services beforehand, using this form.
To find out the conditions for referring a dispute to the mediator, please click this link http://www.mediateurfevad.fr/index.php/espace-consommateur/. You can visit the European Commission online dispute resolution platform.
15. What law applies to our Terms and Conditions of Sale? What is Court has jurisdiction?
These Terms and Conditions of Sale and the contractual relationship between LEAF-CYCLE and its customer are governed by French law.
If there is a dispute between LEAF-CYCLE and its customer, an amicable arrangement must be sought as a priority, before referral to any court.
Any dispute arising from the application and interpretation of the Terms and Conditions of Sale, failing an amicable arrangement as stipulated above, comes under the jurisdiction of the court under the Paris Court of Appeal.
Any order by a Customer entails their explicit and irrevocable renunciation of any proceedings of any nature whatsoever that are not under the exclusive jurisdiction of French law.