General Terms and Conditions
Article 1 – Designation of the seller
The website matiere-premiere.com (hereinafter the “ Site ”) is published by the company The Fragrance Designers, SAS with capital of 35,592.00 euros whose registered office is located at 15 rue Monsigny, 75002 Paris, registered with the Paris Trade and Companies Register under number 832 632 491 (hereinafter the “ Seller ”).
Article 2 – General provisions relating to these general terms and conditions of sale (hereinafter the “GTC”)
2. 1. Purpose of the T&Cs
The General Terms and Conditions exclusively govern the online sale on the Site of the Seller's products (hereinafter the " Products ") to buyers who are consumers (hereinafter the " Customer " or " Customers ") and constitute, with the online order, the contractual documents binding on the Seller and the Customer, together the parties (hereinafter the " Parties "), to the exclusion of all other documents, prospectuses, catalogs or photographs of the Products which have only an indicative value.
The General Terms and Conditions of Sale are written, as is all contractual information mentioned on the Site, in French. Any translation is provided for informational purposes only. In the event of any contradiction or divergence of interpretation between the French version and a translated version, the French version shall prevail in all its provisions and shall be the sole authoritative version between the Parties.
2. 2. Availability and enforceability of the T&Cs
The General Terms and Conditions are made available to Customers on the Site.
The General Terms and Conditions are binding on the Customer who acknowledges, by ticking a box provided for this purpose, having read and accepted them before placing an order.
Validation of the order by its confirmation constitutes acceptance of the General Terms and Conditions in force on the day of the order by the Customer.
2. 3. Modification of the T&Cs
The T&Cs were updated on April 3, 2025.
The Seller reserves the right to modify its General Terms and Conditions at any time.
In the event of modification of the General Terms and Conditions, the applicable General Terms and Conditions are those in force on the date of the order, a copy of which dated on that date may be provided to the Customer upon request.
2. 4. Clauses of the General Terms and Conditions
The invalidity of a contractual clause does not automatically entail the invalidity of the General Terms and Conditions, unless this clause is essential or decisive for the agreement between the Parties.
The temporary or permanent non-application of one or more clauses of the T&Cs shall not constitute a waiver of the other clauses of the T&Cs which shall continue to produce their effects.
Article 3 – Products
3. 1. Characteristics
The Products sold on the Site are each the subject of a description mentioning their essential characteristics.
The photographs illustrating the Products do not constitute a contractual document.
3.2. Use of the Products
The Seller cannot be held responsible for damage caused by improper use of the Products sold on its Site or by failure to comply with the precautions for use.
3. 3. Compliance
The Products comply with the requirements in force relating to the safety and health of people, fairness in commercial transactions and consumer protection at the time they are placed on the market. The Products comply with the requirements of French law in force at the time they are placed on the market.
3. 4. Stock availability
The Products are sold and delivered within the limits of available stocks.
In the event of unavailability of the Product ordered, the Seller shall immediately inform the Customer and may offer them a Product of equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order.
In the event of refusal by the Customer, the Seller will reimburse the sums paid within five (5) working days.
Apart from the reimbursement of the price of the unavailable Product, the Seller is not liable for any cancellation compensation.
3.5. Resale of Products
The Products sold on the Site cannot be repackaged and/or resold without the written consent of the Seller.
Article 4 – Price
4. 1. Selling price
The sale prices of the Products are indicated in euros or pounds sterling (for deliveries to the United Kingdom) including all taxes, excluding delivery and transport costs, mentioned before validation of the order and invoiced in addition.
The selling price of the Product is the one in effect at the time of the order. After the order, this price is subject to change at any time.
The total amount due by the Customer is indicated on the order confirmation page.
4.2. Additional Fees and Taxes
Additional transport, delivery or postage costs, which the Customer may have been aware of before ordering, are set out on the order form.
For deliveries outside the European Union, additional taxes or customs fees may apply and are the responsibility of the Customer and cannot under any circumstances be claimed from the Seller.
For deliveries to the United Kingdom, additional charges such as 'Brexit Fees' may also apply due to new post-Brexit customs regulations. It is the Customer's responsibility to inform themselves of and pay these charges upon receipt of their order. These charges cannot be claimed from the Seller under any circumstances.
Article 5 – Free samples and discount coupons
The Seller offers free samples under the following conditions:
For any purchase of an amount between €38 and €164 or between £38 and £164 : The Customer receives one (1) perfume sample with a capacity of 1.5ml chosen by the Seller.
For any purchase of an amount between €165 and €239 or between £165 and £239 : The Customer receives two (2) perfume samples of 1.5ml each (one (1) sample of the perfume purchased and one (1) sample of the perfume of the month).
For any purchase of an amount equal to or greater than €240 or £240 : The Customer receives a box of four (4) perfume samples, each containing 1.5ml. Among these samples, two (2) will be chosen by the Customer and two (2) will be chosen by the Seller, and will correspond to one (1) sample of the perfume purchased and one (1) sample of the perfume of the moment.
These offers are subject to sample availability and are designed to provide a discovery experience of the Seller's Products. In the event that the requested samples are unavailable, the Seller reserves the right to substitute them with other samples.
Furthermore, for any first purchase of one of the following boxes, the Seller undertakes to send the Customer a reduction coupon worth €18 or £18, applicable to the purchase of a perfume with a capacity of 50 ml or 100 ml: Box of 4x1.5ml samples of extracts or eau de parfum;
Box of 6x1.5ml samples of extracts or eau de parfum;
Eau de Parfum discovery box;
Perfume Extract Discovery Box.
The discount coupon will be sent directly to the email address provided by the Customer in their customer account, upon confirmation of the order.
Article 6 – Order
6. 1. Stages of conclusion of the contract
The Customer can learn about the Products marketed by the Seller on its Site.
The Customer can browse the Site freely, without being committed to an order.
To place an order, the Customer must choose the selected Products and the desired quantities and click on “Add to cart”. This operation adds the Product to the Customer’s “Cart”.
The Client may:
Obtain a summary of the Products he has selected or modify his order by clicking on the “Basket” icon accessible at the top right of each page;
Continue your selection of Products;
Complete your selection of Products and proceed to the ordering process by clicking on “View basket” then “confirm order”.
In accordance with the conditions set out in Article 5, the Customer may be asked to choose one or more perfume samples with a capacity of 1.5ml.
Otherwise, the Customer will be taken directly to the next step and will be required to log in to their customer account, or to create an account. The order can only be validated on the Site if the Customer has an account.
For a first purchase, the Customer must identify themselves by accurately completing the form provided, on which they must include the information necessary for their identification, including their surname, first name, postal address, telephone number, or optionally their date of birth. For subsequent purchases, they must enter their email address and password.
The Customer is responsible for choosing and maintaining their login details and must ensure their confidentiality. The Seller cannot be held responsible for any possible login details or account connections by third parties.
The information provided by the Customer when placing the order is binding on the Customer. In the event of an error in the recipient's contact details, the Seller cannot be held responsible for any inability to deliver the Product.
Subsequently, he may be asked to choose the desired delivery from the following options:
Express (estimated delivery time of 48 hours from dispatch for deliveries in Metropolitan France)
Standard (estimated delivery time of 3 to 5 working days from dispatch for deliveries in Metropolitan France)
Delivery by courier (Paris only) (estimated delivery time of 24 hours from order)
In-store collection in Paris (at the following address: 306 rue Saint Honoré 75001 Paris), Saint-Tropez (at the following address: 17 avenue Foch 83990 Saint Tropez) and Berlin (at the following address: Alte Schönhauser Straße 41, 10119 Berlin) (estimated delivery time of 24 hours from order).
The Customer will then be prompted to enter information regarding their payment method (credit card or PayPal). The Customer will have the option to save their payment information to their account for future purchases.
Before clicking on the "Order" button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order and must confirm having read and accepted the General Conditions of Sale by ticking the box provided "I have read and accept the general conditions".
An email acknowledging receipt of the order and its payment, as well as the invoice, is sent to the Customer by the Seller as soon as possible. This email constitutes confirmation of the order by the Seller.
6.2. Validation of the order
The Seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of Products ordered are abnormally high for buyers with consumer status.
Article 7 - Archiving and proof
In accordance with Article L. 213-1 of the Consumer Code, the Seller undertakes to keep and archive on any medium, for ten (10) years, all documents relating to contracts concluded between the Customer and the Seller (in particular communications, purchase orders and invoices) with a value greater than or equal to €120 and to guarantee access to them by the Customer at all times.
These communications, purchase orders and invoices may be produced as proof of the contract.
Article 8 – Payment
8. 1. Due Date
The price owed by the Customer is the amount indicated on the order summary which the Customer read before finally confirming their order.
Payment is made immediately, online, upon ordering. Notwithstanding the application of Article R. 642-3 of the French Penal Code, the Customer will pay for their order by credit card or PayPal.
8. 2. Payment security
The Site is equipped with an online payment security system that allows the Customer to encrypt the transmission of their banking data via the secure payment platform's electronic payment server. At no time will the Customer's banking data pass through the Seller's computer system.
The online provision of the bank card number or any other payment method and the final validation of the order will constitute proof of the entire order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures reproduced in Articles 1365 and 1366 of the Civil Code. They will also constitute the due date of the sums committed by the entry of the items appearing on the order form.
The order validated by the Customer will only be considered effective once the relevant bank payment center has given its approval. In the event of refusal by said center, the order will be automatically canceled and the Customer will be notified by notification on the order validation page of the order's failure.
Article 9 – Delivery
9. 1. Definition
Delivery means the transfer to the Customer of physical possession of the Product(s) ordered.
The Products presented on the Seller's Site are offered for sale throughout the world with the exception of certain countries for logistical reasons.
9.2. Shipping time
The Seller will process the order as quickly as possible from Monday to Friday. The Seller undertakes to ship orders within 48 business hours of order confirmation.
9. 3. Delivery time
In Metropolitan France, the order will be handed over to La Poste or its subsidiaries (Letter followed, Colissimo, etc.) for delivery within 3 to 5 days or 48 hours in the case of express delivery, the period starting from the dispatch by the Seller.
For courier delivery (Paris) or in-store pickup in Paris, Saint-Tropez, or Berlin, the order will be delivered or available in-store within 24 hours. For in-store delivery, the Customer will receive an email informing them of the availability of their order in-store.
For all deliveries within Metropolitan France, delivery costs will vary depending on the quantity of Products ordered and the weight of the package. The Customer will be informed of the amount of delivery costs applicable to their order on the order confirmation page.
Orders to overseas territories or abroad will also be shipped by La Poste or its subsidiaries and delivered by their local partner. Local partners, delivery times and costs vary depending on the region or country of delivery and will be indicated to the Customer on the order confirmation page.
9.4. Delay in delivery
In the event of a delivery delay of more than five (5) working days, the Customer must inform the Seller's customer service at the following address clientservice@matiere-premiere.com, which will implement the necessary and appropriate actions to determine the cause of the delay and communicate it to the Customer.
If the delivery deadline is exceeded by more than twenty (20) working days, the Customer may cancel his order by registered letter with acknowledgment of receipt to the following address: 15, rue Monsigny 75002 Paris.
Delivery costs will be refunded by the Seller, provided that the entire order is returned in its original packaging in good condition.
No claims will be accepted in the event of failure or delay in delivery due to an incomplete or incorrect delivery address.
In the event of the occurrence of a force majeure event, as defined by Article 1218 of the Civil Code and French case law, resulting in a temporary or permanent impossibility of carrying out the delivery, the delivery times will be automatically suspended from the notification of the event to the Customer.
The Parties agree to consult as soon as possible in order to determine the terms of processing the order during the duration of the force majeure event.
Beyond a period of thirty (30) days of interruption due to force majeure, the Parties will be released from their obligations towards each other. If applicable, the Seller will reimburse the Customer as soon as possible.
9.5. Place of delivery
The Products are delivered to the address indicated by the Customer on the order form.
9.6. Reception
Upon receipt, the Customer must check the general condition of the package (absence of humidity, unopened, undamaged).
In the event of a conformity problem, the Customer is invited to notify the Seller's customer service department within (3) days of delivery by email to the following address: clientservice@matiere-premiere.com. Reservations must be described as precisely as possible, where applicable with photographs of the package (inside and outside), the damaged Product and the shipping label affixed to the package.
The Seller and the Customer will contact each other to determine the outcome of the order: exchange, refund, or credit note. Returns must be made in their original packaging and accompanied by the purchase invoice.
9.7. Transfer of ownership
Upon delivery, ownership of the Product is transferred to the Customer.
Each delivery is deemed to have been made upon the Product being made available to the Customer by the carrier, as evidenced by the control system used by the carrier.
Article 10 – Right of withdrawal and refunds
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from the date of receipt of the Products to exercise his right of withdrawal.
The Customer must inform the Seller's customer service at the following email address: clientservice@matiere-premiere.com. The Seller will provide the Customer with an acknowledgment of receipt of the withdrawal to the email address provided when creating the account.
The Product must be returned in its original and complete condition (packaging, accessories, instructions, etc.) and accompanied by the invoice and the completed withdrawal form attached to the General Terms and Conditions, within fourteen (14) days of exercising the right of withdrawal to the following address: 15, rue Monsigny 75002 Paris.
If the above conditions are met, the Seller will reimburse the Customer within fourteen (14) days of receipt and verification of the returned Products.
The Seller will refund the price of the Product as well as the standard delivery costs for all deliveries within mainland France. If the order was delivered outside the European Union, the delivery costs will not be refunded. Return costs remain the responsibility of the Customer.
The Seller will make the refund using the same payment method that the Customer used for the initial transaction.
In accordance with the provisions of Article L. 221-28, 5° of the French Consumer Code, the Customer does not have any right of withdrawal in the event of opening of Cosmetic Products, since this opening makes said Products unfit for any further marketing. Consequently, any Cosmetic Product that is opened, damaged or whose original packaging has been unsealed cannot be returned, exchanged or refunded, for reasons of hygiene and health protection.
Article 11 – Legal guarantees
All Products on sale on the Site benefit from the legal guarantee of conformity (as defined in Articles L. 217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge, provided that they have been used normally.
In accordance with Article D. 211-2 of the Consumer Code, the information on the terms of implementation of legal guarantees is as follows:
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
If the product 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 goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.
Article 12 – Processing of personal data
As part of distance selling, the Seller is required to collect and process personal data concerning the Customer.
The data collected and processed are necessary for processing the Customer's order and monitoring customer relations, in accordance with the Data Protection Act of January 6, 1978 and the European Regulation of April 27, 2016 (GDPR).
This collection and processing are carried out under the conditions explained in the Confidentiality Policy accessible on the Site.
The Client may exercise these rights by contacting the following address: clientservice@matiere-premiere.com or 15, rue Monsigny 75002 Paris.
Article 13 – Dispute Resolution
In the event of a dispute, you must first contact the Seller's customer service by email (clientservice@matiere-premiere.com) in order to attempt to resolve this dispute informally.
If the Customer has previously submitted a complaint to the Seller's customer service and this has not been resolved satisfactorily, the Customer may, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, refer the matter to FEVAD free of charge.
In the event of a dispute, the Customer may submit their complaint on the website: https://www.mediateurfevad.fr/ or by post by writing to: Consumer Mediator FEVAD – BP 20015 – 75362 PARIS CEDEX 8 .
The costs of mediation are borne by the Seller.
Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
After failure of an attempt at amicable resolution, the Client may refer the matter to the Court of his place of residence.
Article 14 – Applicable law
The General Terms and Conditions are subject to French law.
APPENDIX
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of the company:
The Fragrance Designers
15, rue Monsigny 75002 Paris, France
Or by email: clientservice@matiere-premiere.com]
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product(s) below:
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-
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate