Terms and conditions of use
These General Terms of Sale (“Terms”) govern the relationships between L’Aurore, a single-shareholder limited liability company (Société à Responsabilité Limitée à Associé Unique) with share capital of 200,000 euros, listed in the Paris Trade and Companies Register (RCS) under number 797 547 569, based at 3 rue de Duras, 75008 Paris, France ("L'AURORE") and any person making a purchase online ("Customer") via the website lauroreparis.com ("Website" or “Site”). The Website is entirely the property of L'AURORE, as are all the rights associated with it. It may not be copied or reproduced in whole or in part without the authorisation of the rights holders. However, hypertext links to the Site are permitted if they are aimed at promoting the Site and the Products marketed by L'AURORE.
www.lauroreparis-eshop.com website customer service is run by the shop L'AURORE. Adress : 39 rue Saint-Sauveur, 75002 Paris, France. Phone number : 01 40 26 57 88. Email : email@example.com. Store hours : 11am to 7:30pm, from tuesday to saturday.
www.lauroreparis-eshop.com website is hosted by OVH society. Adress : 2 rue Kellermann, 59100 Roubaix, France. This society is registered at the RCS of Lillle, with the following reference number : B424 761 419. Phone number : 09 72 10 10 07.
The posts of this website are managed by Mrs Justine LAPORTE, manager of L'AURORE abr nf. The administration of this website is handled by REVOWEB society.
The collected data of www.lauroreparis-eshop.com have been declared to the CNIL (National Data Protection and Privacy Commission) at the following registered number : 2065152.
1. Acceptance of Conditions – Purpose – Definitions
The Customer acknowledges that it is fully aware, when placing an Order, of these Terms and the various notices and information available and downloadable from the site, which it hereby declares it accepts unreservedly. These Terms constitute the framework for Orders placed via the Site, and every Order is deemed to incorporate all the Terms. These General Terms of Sale supersede all other terms and conditions in any other document. The following definitions apply in the context of these Terms: “Product” means any finished or semi-finished perfume, fragrance, cosmetic, scented, atmospheric, leisure, decorative, luxury, standard, or customised Product whose sale is made possible on the Website. “Customer” means the physical person above the age of majority who acquires Products on the Site or the professional who acquires them for business purposes. “Order” means the electronic or paper document signed or filled in by the Customer on the Site. For ease of reading, the masculine form of any pronoun implies the feminine and vice-versa. L'AURORE may amend its terms and conditions at any time. The version applicable to any transaction between the parties is the version available online when ordering via the Site. It is the Customer’s responsibility to store on his hard drive and in printable form all documentation relating to its Order. According to the regulations applicable to distance contracts, only Customer contracts agreed electronically in the amount of €120 or more are required to be archived on a backup server for a period of ten years. Access to the Website Like any website, the Site is accessible at any time subject to curative and preventive operations by internet service providers, cases of force majeure, and necessary Site update operations, these being factors for which L'AURORE cannot be held liable.
2. Illustrations and key features of Products
The Products offered to the Customer appear on the Site, subject to stock availability and the proper functioning of the Site. Every Product offered on the Site is associated with a summary presentation in accordance with applicable regulations indicating its name, characteristics, price, along with a photograph and, if it includes a scent or raw materials, a descriptive explanation, instructions for use, and potentially a hyperlink to additional information. Photographs illustrating Products are not contractual. L'AURORE cannot be held liable in any circumstances for any errors that may be introduced. The intellectual property rights to such photographs belong to L'AURORE and it does not license them out in any way. Standard Products offered by L'AURORE to its online Customers are available in its warehouse. Customised Products have finishes developed by L'AURORE’s fragrance adviser. The raw materials and various components used comply with applicable industry regulations. Contract path and Order process Specifics relating to the selection of a fragrance with a view to supplying a customised perfume Product. Having surfed the Site, the Customer chooses from among various raw materials on a defined list of raw materials or fragrance accords appearing on the Site. He also provides various information, such as his inspirations, to help the fragrance adviser better understand his brief. The Customer can also indicate the desired dosage and scent. The fragrance adviser then doses the chosen materials and adds the necessary ingredients to create a “harmonious” perfume. A sample is then sent to the Customer by post, who has the option of asking for changes to its composition if he does not like it, even if it has been prepared properly in accordance with the Customer’s instructions. Upon receiving the sample, the Customer must confirm without delay, by email to L'AURORE’s fragrance adviser, his agreement for the customised essence concocted at his request, thereby triggering its manufacture. To permit this creative dialogue, and before confirming his first Order, the Customer sets up his personal account. He guarantees the accuracy of the personal information that he supplies about himself. He receives an email confirming that his account has been created. Any Product Order placed using his username and password will be presumed to have been placed by the Customer. The Customer can go directly to the Order page by using the following stages successively: General Clauses For standard Products Choose the Product, confirm this choice by adding it to the cart (1st click), confirm the cart by an Order-finished click (finish the Order: 2nd click), Customer enters his personal online details (or Customer’s username, password and details) which the Customer confirms by a click; Choose the delivery mode by a click; Confirm the summary of the Order and its price with the ability to correct any error, with reading and accepting the general terms of sale (downloadable) by ticking the corresponding box and confirming the Order (3rd click), choose the payment method by a click, Instant payment of the Order or deferred payment by cheque; L'AURORE sends its confirmation of having received the Order with mandatory legal wording and the invoice as attachments in PDF format, storable on the hard disk of the Customer’s computer. For customised Products Under the customisation heading, the Customer has the ability to choose the perfumes that will comprise his Product and indicate the wording that he wants to see reproduced on the Product bought. L'AURORE’s perfumer will then create a customised perfume by using the scents chosen by the Customer. L'AURORE reserves the right not to include certain scents if they are incompatible for obtaining a harmonious and high-quality perfume. A sample in the form of a tealight candle will then be sent to the Customer for approval. If the Customer approves his perfume, the Product will be manufactured and then sent. If the Customer does not approve the perfume sample, he will be asked to indicate the modifications he would like to see made by L'AURORE’s perfumer, who will then create a new perfume. However, a new sample will not be sent to the Customer if only one modification of perfume is requested. The Product will then be manufactured with the modified perfume and then sent to the Customer. As the appreciation of a perfume is subjective, and it is manufactured on a customised basis, L'AURORE will under no circumstances reimburse the Product sent to the Customer. Any further modification desired must be requested as a new Order (unless the Customer had opted for the Premium service), which must be placed as a purchase via the Site. By selecting the Premium service, the Customer has the option, if he does not like the first Product (the first perfumed candle), or the corrected Product (the second perfumed candle), to receive a second tealight candle – with the possibility of making further corrective observations (with a view to receiving a third perfumed tealight candle).
3. Saving and processing the Order
The automatic Order-saving system is considered proof of the type, content and date of the Order. L'AURORE confirms its acceptance of the Customer’s Order by sending an email to the address communicated by the Customer. The sale is not concluded until the Order is confirmed and after the bank payment centres have approved the transaction. If the payment centre concerned rejects the payment request, the Order will be automatically cancelled and the Customer will be informed of this by email.L'AURORE reserves the right to cancel any Order of a Customer with whom it is engaged in a dispute over a previous payment or whose personal account contains inaccurate information or suggests fraudulent use. The information entered by the buyer, when placing the Order, binds him as follows: in the event of an error in the labelling of the delivery recipient’s details, the seller cannot be held liable for any inability to deliver the Product.
L'AURORE arranges the delivery of the packages of the Orders placed via the Site throughout Metropolitan France as well as Corsica, Monaco, Andorra, Overseas Departments and Territories, and any other country accessible by postal delivery services, or by Exapaq and DHL. L'AURORE will make best efforts to process the Orders, subject to stock availability of the Products offered on the Site. L'AURORE cannot be held liable for the non-execution of an Order due to stock unavailability at its warehouse, the laboratory, or wax manufacturer. If after confirming the Order, the reserved Product proves to be unavailable, L'AURORE will inform the Customer by email or telephone as promptly as possible. If the Product is unavailable and cannot be delivered by correspondence within seven days following the latest delivery date provided in the Order, L'AURORE’s Customer service department will contact the Customer to arrange reimbursement of his Order to be made within thirty days. L'AURORE’s Customer service department can offer reimbursement in the form of a voucher, a credit valid for any purpose on the Site for one year, or can provide an available replacement Product of equivalent quality and price.If the Customer exercises his right to withdraw despite being sent goods of equivalent quality and price, the return shipping charges will be paid by L'AURORE. If, exceptionally, supply problems affect some or all of the Products of an Order, L'AURORE may put the Order on hold until all the Products can be delivered. Furthermore, an Order cannot be delivered to the Customer in part-deliveries and will only be shipped once L'AURORE has received all the Products intended for the Customer. If the Customer requests delivery to two different locations, he must place two Orders, with the corresponding dual shipping charges. Regarding Products that are available, after confirming the Order, L'AURORE undertakes to deliver to its carrier within 72 business days all the references Ordered by the Customer. In the case of an international Order, the Customer undertakes to pay to the carrier or to its representative the amount due in full for the customs duties corresponding to his Order. Exapaq delivers within Metropolitan France on the understanding that delivery times, unless specified otherwise, are counted from the point that Exapaq has received the goods to be shipped: Delivery times correspond to the time needed to process and deliver the Products. When stocks are unavailable, delivery times are calculated from the date that the Product is received from L'AURORE’s wax partner and manufacturer if that date is known, otherwise they are based on supply possibilities at the time of Order. Delivery times do not include official public holidays or weekends. Delivery times are indicated to the Customer on a case by case basis when the Customer confirms the Order summary, or when L'AURORE confirms that it has received his Order. A premium delivery service by courier for Paris and its inner suburbs (Arcueil, Aubervilliers, Bagneux, Bagnolet, Boulogne Billancourt, Charenton, Chatillon, Clichy, Courbevoie, Gentilly, Issy-Les-Moulineaux, Ivry-Sur-Seine, Kremlin-Bicêtre, Levallois Perret, Les Lilas, Malakoff, Montreuil, Montrouge, Neuilly Sur Seine, Pantin, Pré Saint-Gervais, Saint Mandé, saint Maurice, Saint Ouen, Suresnes, Vanves, Vincennes) is also offered via the Site, subject to feasibility. For this shipping method, the Order cannot be carried out after 4 pm and is subject to acceptance by L'AURORE. The Customer will be informed by email or SMS of the feasibility of this type of delivery. If it is not feasible, L'AURORE cannot be held liable and the Customer will be offered the ordinary delivery option, or next-day delivery by courier. Courier delivery is made to the address indicated by the Customer and within three hours of the Product being shipped. L'AURORE cannot be held liable for the courier’s lateness or non-arrival at the package pick-up and/or delivery location. The Customer MUST BE PRESENT at the specified delivery address to receive the delivery. (It is recommended that the Customer choose a workplace address.) If the Customer is not present at the delivery address, L'AURORE cannot be held liable. In such a case, the Customer will be contacted by L'AURORE to arrange a new courier delivery at the Customer's cost. Delivery within Metropolitan France: Package: A package entrusted by L'AURORE to the carrier Exapaq is delivered within maximum three (3) business days at the rates stated on the Site and shown on the invoice, to the address given by the Customer. If the Client is not present at the time of delivery, he will be contacted by Exapaq and will arrange with the carrier the method for redelivering the package or for the Customer to pick it up. Samples for customised candles: postal delivery by the French Post Office, the so called LaPoste. International delivery: Package: A package entrusted by L'AURORE to the carrier such as the French Post Office, Exapaq or DHL is delivered within maximum two (2) business days at the rates stated on the Site and shown on the invoice, to the address given by the Customer. If the Client is not present at the time of delivery, he will be contacted by DHL or Exapaq and will arrange with the carrier the method for redelivering the package or for the Customer to pick it up. If delivery is by LaPoste, the Customer must contact the postal service in his own country to pick up his package or arrange redelivery. Samples for customised candles: Delivery is by mail by the French postal service LaPoste and then by the postal service of the country of delivery/destination. Deliveries are made only DURING BUSINESS HOURS IF THE CUSTOMER CANNOT BE PRESENT TO RECEIVE THE PACKAGE PERSONALLY OR ARRANGE FOR ANOTHER PERSON TO DO SO, HE MUST INDICATE A BUSINESS ADDRESS TO WHICH IT CAN BE DELIVERED. Currently, L'AURORE cannot deliver to postal boxes or to armed forces addresses. Deliveries are deemed completed once the Product is made available by the carrier to the Customer or his representative, whereupon the carrier collects the Customer's signed receipt or signature via the paper or electronic control system used by the carrier or, if no one is present to receive it, by leaving an availability notice or calling card in the recipient's letter box. If the package is not received despite various attempts by the carrier, or if it is not received because there was no one present at the handover point, L'AURORE has the right to charge a corresponding amount (to said package) or to keep the package until the Customer has made the corresponding payment. A package that has not been picked up / received may be returned to L'AURORE, in which case the Customer will be informed by email. The Customer can, however, request a new delivery at his own cost. IT IS THE RESPONSIBILITY OF THE CUSTOMER OR HIS REPRESENTATIVE TO CHECK THE SHIPMENTS AT ARRIVAL AND TO INDICATE ALL JUSTIFIABLE RESERVATIONS AND COMPLAINTS OR TO REJECT THE PACKAGE, in the case of items missing, the package obviously or apparently opened, or clear signs of deterioration. If the Customer accepts the package, he must state his reservations on the carrier’s document or have the carrier enter them on the electronic control system used. In all cases, the reservations and complaints must also be sent to the carrier by registered mail including receipt acknowledgment form WITHIN THREE BUSINESS DAYS following the delivery of the Products, with a mandatory copy for the attention of L'AURORE. L'Aurore cannot reimburse directly the Client for any product that could have been damaged during the shipping. L'Aurore will then get in touch with the carrier after being informed by the Client. The carrier will reimburse or not the product to L'Aurore depending on its General Terms and Conditions of Sale, and depending on the damage claim done by the Client. The amount reimbursed by the carrier will be given to L'Aurore. L'Aurore will then reimburse the Client by credit card or Paypal, or give him a voucher. In the case of a technical Product, the Customer must take particular care when receiving it to check that the delivered apparatus is in working Order, and read the instructions for use provided with it. Except in a case of force majeure or action attributable to the Customer, RETURN AND REIMBURSEMENT PROCEDURES ARE IMPLEMENTED IN CONJUNCTION WITH L'AURORE’S CUSTOMER SERVICE DEPARTMENT. Complaints must be sent to L'AURORE, and Products returned as follows: 1) Fill in the pdf form sent by L'AURORE’s Customer service department or available in the package. If it does not conform to the Order, the Customer uses the form to send a sufficient and reasoned explanation. 2) Place the Product(s) to be returned, which must be unused, along with any accessories, instructions and documentation in the original box or equivalent and attach a copy of the invoice and of the delivery note along with the form or letter stating the request to return the items concerned. 3) Return packages must be sent registered with receipt requested to the address indicated on the delivery note. Packages arriving on a cash-on-delivery (COD) basis will not be accepted. In the case of proven or suspected fraud, L'AURORE may suspend or defer reimbursement. Products not complying with the above procedure, packages with nothing attached to identify the sender, in particular, at least the Order number, postal address, last name, first name, address and the signed form, will not be accepted and reimbursed. The Customer bears the consequences of not complying with the deadlines for the reservations and complaints procedure referred to above. DELIVERY TIMES NOT MET In total, and taking into account the above provisions, L'AURORE undertakes to deliver standard Products within 15 business days and customised Products within 45 business days. L'AURORE cannot be held liable for delivery delays due to the carrier in a case of force majeure or due to the Customer. If a delivery is found to be late, the Customer must immediately inform L'AURORE by calling the special telephone number shown on the Site and also on the acknowledgement of receipt. In any case, and in accordance with law, when the deadline is exceeded by more than seven days, the Customer is entitled within sixty days to demand, via registered letter including receipt acknowledgment form, the cancellation of the Order (except in a case of force majeure or due to the Customer), provided the Order has not safely arrived before the demand. If the package arrives after the Customer's cancellation demand, the Customer must send it back and L'AURORE must reimburse the Product including shipping charges, once it has received it back from the Customer complete and in its original condition, unless the Customer has sent a countervailing Order by email in the meantime informing the seller that he accepts it. In the case of professionals, and taking the foregoing into account, L'AURORE undertakes to deliver standard Products within 45 business days and customised Products within 80 days, it being understood that all Products travel at the former's risk. Similarly, once the deadlines for reservations and complaints have expired, complaints of any kind whatsoever are considered inadmissible. The same applies if the business Customer has not rigorously checked the goods and their conformity. Without prejudice to the foregoing, any fault or defect found after joint examination with the professional obligates the seller only to replace the acknowledged faulty goods free of charge, exluding damages consisting in operating losses or losses/damages on any other kind.
5.1 Standard Products
With the exception of Products that are made or prepared on a customised basis, or to the Customer's specifications or clearly personalised, or that by nature cannot be reshipped or may deteriorate or perish quickly, the Customer has the right to withdraw / return within seven days (counting from receipt of goods). If the seven-day deadline expires on a Saturday, Sunday or official public holiday or non-working day, the above-mentioned deadline is extended to the next business day. This deadline is 14 days effective the earlier of the following two dates: 13 June 2014 or the effective date of any regulation or law transposing and applying early the EU Directive 2011/83 which sets a uniform withdrawal period in Europe of 14 days. If the Customer exercises his right of withdrawal he must immediately inform the Customer service department by telephone and via L'AURORE’s email address reserved for this purpose, and must send back the package at his own cost. If before any delivery the Customer notices that his Order is incorrect he must immediately inform L'AURORE’s Customer service department by telephone and by email, his right of withdrawal / return effected and manifested by the cancellation of the Order with suspension of the shipment if it is realisable. The Customer shall refrain from returning any Product that is incomplete, or whose packaging has been torn, or is damaged, used/tested or soiled. L'AURORE will not take it back. Parcels arriving on a cash-on-delivery (COD) basis will not be accepted. Packages with nothing attached to identify the sender, or lacking an Order number, email address, first name, last name, postal address, will not be accepted under any circumstances. Any Product returned must be properly protected, in perfect selling and marketing condition (not tested, damaged or soiled by the Customer) accompanied by all accessories, if any, instructions and documentation, to the address indicated, with the invoice sent by L'AURORE, it being the Customer’s responsibility to keep a copy. In the case of proven or suspected fraud or non-compliance with the terms and conditions for returns, L'AURORE may suspend or defer reimbursement. Reimbursement to the Customer is made, at the Customer’s choice either in the form of an alternative Product, or vouchers, or a credit valid for one year for anything on the Site, or by reimbursement by bank card or credit card, or by cheque, as promptly as possible and no later than 30 business days following the date on which the right of withdrawal / return was exercised. L'AURORE’s Customer service department can be contacted as follows: L’AURORE – Service client – 39, rue Saint-Sauveur, 75002 Paris - Tel: 01 40 26 57 88 -. – Customer service email address: firstname.lastname@example.org. Unless the public Order extending EU Directive 2011/83 is transposed into national law (if the extension is not mandatory it will not apply to this Contract), the right of withdrawal benefits only physical-person consumers contracting for their own personal purposes.
5.2 Customised Products
According to the French Consumer Code, the right of withdrawal applies only to the supply of goods that are made to the Customer’s specification or are clearly personalised, including Products whose raw materials have been selected by the Customer and the resulting final Product made in accordance with instructions sent by the Customer.
The Customer benefits from the applicable legal warranties known as warranties against hidden defects and warranties of conformity. In the case of a hidden defect, the Customer has the choice of being reimbursed the price, provided he returns the Product (following the aforementioned procedures), or of keeping the Product (affected by the hidden defect) along with partial reimbursement of the price agreed by the seller. In the case of a non-conformity, the Customer can choose between having the Product repaired or replaced, or being reimbursed part or all of the price. However, L'AURORE can decline to execute the Customer's choice if the requested solution proves unreasonably expensive for the seller, and can contest the Customer's choice if the legal eligibility conditions are not satisfied. As an alternative to reimbursing the price, L'AURORE can offer vouchers and the Customer can accept them via a simple email thus extinguishing the disagreement, on the understanding that the seller prefers amicable solutions.
The price is expressed in euros. The price shown on the Site does not include shipping. The price shown on the Order confirmation is the final price and includes all taxes as well as the VAT for France. This price includes the price of the Products themselves, including handling, packaging, storage, and shipping. For customised Products, this price also includes the intervention by L'AURORE’s fragrance adviser. L'AURORE can change its prices at any time, it being understood, however, that Products are invoiced based on the prices in force at the time that the Order is recorded (saved), subject to availability. The Products offered and the prices displayed are valid as they appear on the Website. Customs duties: These are payable by the Customer.
The price invoiced to the Customer is the price shown on the Order confirmation/acknowledgment sent by L'AURORE. The price is payable in full on the date of Order. Payments can be made by bank/credit card, by certified cheque/banker's draft, or by telephone by providing bank/credit card details under L'AURORE’s confidentiality terms and conditions. By bank/credit card: Carte Bleue, Visa, Eurocard, MasterCard, American Express or any other foreign card offered on the Site. The Customer’s disclosure of his bank/card number via L'AURORE’s Site constitutes authorisation to debit his account for the Products Ordered. L'AURORE’s online payment system operates via a bank server in a secure environment that uses the 3DSecure system. The Customer Number is thus sent, without going through the shop’s server, to the bank's servers which generally send a confidential code via SMS directly to the Customer in a secure environment (the code may be sent by email, or may or may not require a security code or the use of a mobile application by the Customer). The Order confirmed by the Customer is not considered effective until the bank payment centres concerned have approved the transaction. If a transaction is rejected by the bank payment centre, the Order is automatically cancelled and the Customer receives an email. By certified cheque/banker’s draft: If payment is made by certified cheque, only cheques drawn on a bank domiciled in France and Monaco are accepted. Note: Nothing is shipped until the cheque has been received and cashed by L'AURORE’s bank. Via PayPal: When paying via PayPal, the Customer is asked to enter the username and password that he entered when he signed up for PayPal’s payment service. In all cases, the Customer’s online disclosure of his bank/credit card number or his username and password for his payment service provider and the subsequent final confirmation of the Order constitutes proof of the integrity of the Order placed by the Customer and of his commitment/signature in accordance with the law of 13 March 2000. In addition, L'AURORE reserves the right to reject any Order of a Customer with whom it is in dispute. The reliability of the information entered when Ordering can be checked and automatic alerts triggered depending on the information entered. In this respect, the Customer may be asked to provide additional information or even documentary proof on the basis of which the Order will be progressed or cancelled. The invoice is emailed to the Customer in PDF format and can be physically posted if requested by the Customer to the address shown on his personal account. Sums paid in advance will under no circumstances be considered a deposit. Products remain the property of L'AURORE until they are paid in full. Intellectual property All the elements of the Site (photographs, illustrations, icons, descriptions, logos, trademarks) are and remain the exclusive intellectual property of L'AURORE. Likewise, all creations including designs based on raw material choices by the Customer are and remain with L'AURORE which remains sole owner of the formulas of the perfumes developed as part of the activity of the Site. L'AURORE does not license out or sell any intellectual property rights of any kind whatsoever. Data Protection Act Customers’ data is confidentially and securely archived by L'AURORE. It is used internally only for registration on the Site, processing the Customer’s Orders, customising the Customer relationship via information emails and newsletters, and for commercial promotions from time to time that the Customer has not declined to receive. During the data collection process, the Customer is informed by the Site that one or more information items are mandatory by the presence of an asterisk. If he does not enter the mandatory information, the registration cannot proceed and the Order cannot be processed. Certain information may be communicated directly to the service providers involved in the Ordering process, such as the carrier. In accordance with the French Data Protection Act (loi informatique et libertés) of 6 January 1978, the Customer can exercise his right to see, modify, correct and delete the information about him, for legitimate reasons, and to refuse his details to be used for promotional and prospection communications simply by writing to: Monsieur le Responsable de traitement / Processing Manager, L’AURORE, 19 boulevard Malesherbes, 75008 PARIS, stating his email address, full name, and postal address. Cookies Cookies record certain information which is then stored on the Customer’s hard disk but they do not contain or communicate any personal data about it. Cookies are used only to facilitate the Ordering process and the security of the transaction. Force Majeure Neither party can be held liable if the execution of the contract and Order are delayed or prevented due to force majeure or unforeseen circumstances, or due to one of the parties or a third party or caused by external factors such, notably, flood, fire, interruption in the supply of energy or raw materials, stock depletion, or interruption in supply from laboratories, actions of public health authorities, total or partial labour strikes of any kind adversely impacting L'AURORE’s ability to carry on business, such as transport strikes and postal strikes. In a case of force majeure, the Parties' obligations are suspended. Proof The data recorded by the payment system used and chosen by the Customer (bank, card payment centre, payment service provider or other) as part of the Ordering process, and the data recorded by L'AURORE, constitute proof of all the elements of the financial transactions between L'AURORE, the Customer and the said establishment (or other body). The data stored on computers or other electronic media including emails constitute lawful proof and as such are receivable under the same terms and conditions and with the same probative force as any document that may be drafted, received or stored in writing.
8. Applicable law – Liability – Disputes
This Contract is governed by French law. L'AURORE’s liability as fragrance adviser, cannot be engaged except on grounds of proven fault. L'AURORE cannot be held liable for material or immaterial damage or personal injury of any kind, that may result from the malfunction or incorrect use of the Products marketed. L'AURORE’s liability to the consumer cannot be engaged in the case of damage resulting from force majeure, or from an act or failure to act by a third party or Customer. L'AURORE’s professional liability is under all circumstances limited to the amount of the Order and cannot be engaged in the case of damage resulting from force majeure, or from an act or failure to act by a third party or Customer. If problems are encountered in the implementation of this Contract, the Customer has the possibility, before taking legal action, of seeking an amicable solution by contacting L'AURORE’s Customer service department. If an amicable solution cannot be found, the matter may be referred to the French courts, which are solely competent, on the understanding that if the buyer is a professional, the Parties grant exclusive competence to the Commercial Court of the district in which L'AURORE’s registered office is located, even if the dispute involves third-party appeals or multiple respondents.