Terms and conditions of sale

Article 1 – Scope

These General Terms and Conditions of Sale (the 'Terms') apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers wishing to acquire the products offered for sale on the website www.sayhar.fr.

The products offered for sale are as follows:

• Perfumes
• Perfume samples

The main characteristics of the products are set out on the website. The Customer is required to read them before placing any order. The choice and purchase of a product are the Customer's sole responsibility.

Product offers are valid while stocks last at the time the order is placed.

These Terms are accessible at all times on the website and shall prevail over any other document. The Customer declares that they have read and accepted them before confirming their order.

Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

Seller's contact details

Sales territories

The products are offered for sale in the following territories:

• Europe
• Africa
• Asia
• North America
• South America
• Oceania

Where an order is placed for delivery to a country other than metropolitan France, the Customer shall be deemed to be the importer of the product or products concerned.

For products shipped outside the European Union and the French overseas departments and territories (DOM-TOM), the price will automatically be calculated exclusive of tax on the invoice. Customs duties, local taxes, import duties or state taxes may be payable and shall be borne exclusively by the Customer.

Article 2 – Prices

The products are supplied at the prices in force as shown on the website when the order is recorded by the Seller.

Prices are expressed in euros, both exclusive and inclusive of all taxes. They take into account any discounts granted on the website.

Prices are fixed for their period of validity, but the Seller reserves the right to change its prices at any time outside that period.

Prices do not include handling, shipping, transport and delivery charges, which are invoiced in addition and calculated before the order is confirmed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is drawn up by the Seller and provided to the Customer upon delivery.

Article 3 – Orders

The Customer selects the products they wish to order on the website and adds them to their cart, and may then modify or remove them before final confirmation.

The Customer then enters their contact details or logs into their customer account, chooses their delivery method, confirms the information and proceeds to payment.

An order shall only be considered final once the price has been paid in full. It is the Customer's responsibility to check the accuracy of their order and to report any error immediately.

Any order placed on the website constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may track the progress of their order on the website.

Article 4 – Payment terms

The price is paid by secure means, using the following methods:

• Payment by bank card
• Payment by PayPal
• Payment by Google Pay
• Payment in 3 or 4 instalments with Scalapay

The price is payable in full, in a single payment, on the day the order is placed.

Payment data are exchanged in encrypted form using the protocol defined by the approved payment service provider handling the bank transactions.

Payments shall only be considered final once the funds have actually been received by the Seller.

The Seller shall not be obliged to deliver the products ordered if the Customer has not paid the price in full under the conditions set out above.

Article 5 – Delivery

Products ordered are delivered within metropolitan France and to the following areas: Europe, Africa, North America, South America, Asia and Oceania.

Deliveries take place within a period of between 24 hours and 30 days, depending on the delivery area, to the address given by the Customer when placing the order.

Delivery means the transfer to the Customer of physical possession or control of the product. Save in special circumstances or where one or more products are unavailable, the products ordered are delivered in a single consignment.

The Seller undertakes to use its best endeavours to deliver the products within the stated timeframes.

If the products have not been delivered more than 30 days after the estimated delivery date, except in cases of force majeure or circumstances attributable to the Customer, the sale may be cancelled at the Customer's written request under the conditions laid down in the French Consumer Code (Code de la consommation).

The sums paid will then be refunded no later than 14 days after termination of the contract, without any compensation or deduction.

Deliveries are made by an independent carrier to the address given by the Customer. If the Customer chooses their own carrier, delivery shall be deemed to have taken place as soon as the products are handed over to that carrier.

Where a special request concerning packaging or transport has been accepted in writing by the Seller, any additional costs will be invoiced separately on the basis of a quotation accepted by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has 15 days from delivery to submit any complaint, together with all relevant supporting evidence, in particular photographs.

Complaints may be sent:

• by email to contact@sayhar.fr
• by WhatsApp to +33 7 64 36 37 33
• by post to: Sayhar, 4 Boulevard Michael Faraday, 77700 Serris, France

After this period, and failing compliance with these formalities, the products shall be deemed to conform to the order and to be free from any apparent defect.

The Seller will refund or replace, as soon as possible and at its own expense, any delivered products whose lack of conformity or defects have been duly proven by the Customer.

The risk of loss of and damage to the products passes only when the Customer takes physical possession of them, unless the Customer has chosen their own carrier.

Article 6 – Transfer of ownership

Ownership of the products shall pass to the Customer only once the price has been paid in full, regardless of the delivery date.

Article 7 – Right of withdrawal

The right of withdrawal is exercised in accordance with the provisions of Article L221-18 of the French Consumer Code.

It may be exercised online using the withdrawal form provided in the annex, or by any unambiguous statement expressing the wish to withdraw, in particular by letter or email sent to the Seller.

Products must be returned in their original condition and complete (packaging, accessories, instructions), together with the purchase invoice, so that they can be resold as new.

Products that are damaged, soiled or incomplete will not be accepted. Return costs shall be borne by the Customer.

An exchange, subject to availability, or a refund will be made within 14 days of the Seller's receipt of the products returned under the conditions set out in this article.

Article 8 – Seller's liability – Guarantees

The products supplied benefit from:

• the statutory guarantee of conformity for products that are defective, damaged or do not conform to the order;
• the statutory guarantee against hidden defects arising from a defect in materials, design or manufacture.

Summary of statutory guarantees

Article L217-4 of the French Consumer Code

The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

Article L217-5 of the French Consumer Code

Goods conform to the contract if they are fit for the purpose usually expected of similar goods, if they correspond to the description given by the seller, and if they have the qualities that a purchaser may legitimately expect.

Article L217-12 of the French Consumer Code

Any action arising from a lack of conformity is time-barred two years after delivery of the goods.

Article 1641 of the French Civil Code (Code civil)

The seller is bound by a guarantee against hidden defects in the item sold which render it unfit for its intended use.

Article 1648, paragraph 1, of the French Civil Code

Any action arising from latent (redhibitory) defects must be brought within two years of discovery of the defect.

Article L217-16 of the French Consumer Code

Any period of at least seven days during which the goods are out of use due to a repair covered by the guarantee shall be added to the remaining term of the guarantee.

In order to assert their rights, the Customer must inform the Seller in writing of the non-conformity of the products or the existence of hidden defects as soon as they are discovered.

The Seller will refund, replace or have repaired any products or parts under guarantee found to be non-conforming or defective.

Shipping costs will be refunded on the basis of the rate invoiced, and return costs on presentation of supporting documents.

Refunds, replacements or repairs will be made as soon as possible and no later than 30 days after the lack of conformity or hidden defect has been established. Refunds may be made by bank transfer or cheque.

The Seller shall not be held liable, in particular, in the event of:

• failure to comply with the legislation of the country in which the products are delivered;
• misuse, professional use, negligence, lack of maintenance, normal wear and tear, accident or force majeure;
• non-contractual photographs or graphics displayed on the website.

In any event, the Seller's guarantee is limited to the replacement or refund of products that are non-conforming or affected by a defect.

Article 9 – Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the products and for the transfer of such data to third parties for delivery purposes. These data are collected solely for the performance of the contract of sale.

9.1 Data collection

The data collected when an order is placed include, in particular:

• surname and first name;
• postal address;
• telephone number;
• email address;
• financial data relating to payment.

9.2 Data recipients

The data are used by the Seller and its contracting partners for the performance of the contract and the proper completion of the sale and delivery.

• Transport service providers
• Payment institutions

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act (loi Informatique et Libertés) and Regulation (EU) 2016/679.

9.4 Restriction of processing

Unless the Customer has given their express consent, their personal data are not used for advertising or marketing purposes.

9.5 Retention period

The data are retained for a period of 5 years, covering the applicable limitation period for contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical measures to protect personal data against alteration, destruction and unauthorised access.

9.7 Rights of customers and users

Customers and users have, in particular, the following rights:

• to update or delete their data;
• to request the deletion of their account;
• to exercise their right of access;
• to request the rectification of inaccurate data;
• to request the erasure of their data;
• to request data portability;
• to object to the processing of their data.

These rights may be exercised by post or by email at contact@sayhar.fr.

The data controller must respond within a maximum of one month. Any refusal must be accompanied by reasons.

In the event of a refusal, the Customer may lodge a complaint with the CNIL (the French data protection authority) or refer the matter to a court.

The Customer may also withdraw their consent to receiving informational or promotional emails at any time.

Article 10 – Intellectual property

The content of the website is the property of the Seller and its partners. It is protected by French and international intellectual property law.

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an offence of infringement (contrefaçon).

Article 11 – Governing law – Language

These Terms and the transactions arising from them are governed by French law.

They are drawn up in French. Where they are translated into one or more other languages, only the French text shall prevail in the event of a dispute.

Article 12 – Disputes

For any complaint, the Customer is invited to contact customer service at the Seller's postal or email address given in Article 1.

The Customer may have recourse to conventional mediation or to any other alternative dispute resolution method.

The designated mediator is the FEVAD E-commerce Mediator (Médiateur du e-commerce de la FEVAD).

The Customer may also use the European Online Dispute Resolution platform.

Failing an amicable settlement or resolution through mediation, disputes shall be brought before the competent courts in accordance with the ordinary rules of law.