GENERAL TERMS OF USAGE FOR MERCHANTS

PREAMBLE

The website SCENTISSIME.COM is a service offered by SCENTISSIME SASU, with its registered office located at 17 avenue Georges Clémenceau, Bry-sur-Marne (France), registered with the Trade and Companies Registry of Créteil under number 978 157 667.

 In the event of contradiction or divergent interpretation between the English version and the French version of these General Terms of Use, the French version shall prevail.

 The Terms of Usage are valid for the year 2025.

ARTICLE 1 – PURPOSE

SCENTISSIME is a platform that facilitates connections between adult individual buyers (referred to as "Buyers") and professional Merchants (referred to as "Merchants") registered on the Website.

For this purpose, SCENTISSIME provides Merchants with technological tools that enable them to sell their Products to Buyers on the Website at a fixed price.

These General Terms of Use (referred to as the "GTU") govern the use of SCENTISSIME's services by Merchants. Registering as a Merchant on the website implies the Merchant's acceptance of these GTU, upon validation and confirmation by the responsible parties at SCENTISSIME.

Sales facilitated through the Service between Buyers and Merchants are subject to the Service's General Terms of Sale (referred to as the "GTS"), accepted by the Buyer with each purchase, which complement these Buyer GTU.

ARTICLE 2 - SCOPE OF APPLICATION

These GTU apply without restriction or reservation to the use of all services and technological tools provided to Merchants by SCENTISSIME.

These tools enable registered professional Merchants on the Website to be connected with individual Buyers, to list and describe the Products they offer for sale on the Website, to record Product Sales, collect their price, and arrange for or facilitate delivery to the Buyers.

Sales made through SCENTISSIME are deemed to be concluded between the Buyer and the Merchant.

These GTU are accessible at any time on the Website and shall prevail, if applicable, over any other version or conflicting document.

The conditions applicable to the Buyer are those in effect on the Website at the time of placing the order.

SCENTISSIME reserves the right to modify its general terms, particularly in the following cases:

•    To adapt the General Terms to current legislative or regulatory provisions.

•    To adapt the General Terms to any decision rendered by a French court or other competent authority.

•    To rectify any errors.

•    To provide clarifications to these terms in the interest of transparency and clarity.

•    To accommodate market developments and practices.

•    In the event of changes in the company's activity and/or the development of a new activity.

In the event of non-compliance with these GTU by the Merchant, SCENTISSIME reserves the right to temporarily or permanently interrupt access by suspending or terminating these terms without notice or compensation.

ARTICLE 3 – DEFINITIONS

Subscription: refers to a fixed monthly amount paid by the Merchant for the entire duration of use of their virtual Selling Space.

Buyer: refers to any natural person who purchases or intends to purchase one or more Product(s) on the Site.

General Terms of Use and/or General Terms and/or GTU: refers to these General Terms of Use.

Buyer General Terms of Use: refers to the General Terms of Use that Buyers must accept when using the Website and its Services. These conditions also apply to the Merchant.

Samples: refers to small-sized items intended to introduce the Products and promote them to Users. These Samples can be individual items or grouped in sets or kits.

Selling Space: refers to a virtual space provided by SCENTISSIME on the Site, allowing each Merchant to manage the sale of their Products, from which the Buyer can purchase the Products offered for sale by the Merchant.

Merchant: refers to any legal entity (company or brand) that lists its Products on the Website.

Promotion Options: refers to promotional services offered by SCENTISSIME aimed at highlighting the Products or Brands of Merchants, both on and off the Site.

Product: refers to the items and/or products offered for sale by Merchants on the Website.

Product Price and/or Sale Price: refers to the pre-tax price excluding VAT and excluding the Commission owed to SCENTISSIME by the Merchant.

Total Price: refers to the inclusive tax (TTC) price of the Product, which may include delivery charges borne by the Buyer.

Net Merchant Price: refers to the amount ultimately received by the Merchant after a Sale, calculated as follows: Product Price inclusive of tax (TTC) – SCENTISSIME Commission = Net Merchant Price.

Website: refers to the websites scentissime.com, scentissime.fr, scentissime.org, scentissime.eu.

User: refers to the Buyer and/or the Merchant, as well as any natural or legal person exclusively accessing and/or using the Site, whether a sale is conducted or not.

Sale: refers to the transaction that transfers ownership of a Product directly between the Buyer and the Merchant, subject to payment of the Total Price.

ARTICLE 4 – MERCHANT ACCOUNT CREATION AND OBLIGATIONS

In order to use the services of the Website, the Merchant must accept these GTU and their appendices.

Access to the Service is contingent upon the opening of a Merchant account and the payment of a monthly subscription. The monthly subscription will be billed regardless of the status of orders.

To access the Service, the Merchant must provide the data necessary for their identification as well as their contact details. When opening this account, the Merchant undertakes to provide accurate information and promptly inform SCENTISSIME of any changes affecting them.

The use of the Service entails the Merchant's opening of an account with SCENTISSIME's payment organization, exclusively dedicated to collecting payments made by the Buyer to the Merchant through SCENTISSIME.

To use the Service, the Merchant must use the identifier and password created during the opening of their account.

The identifiers and passwords are solely and exclusively the responsibility of the Merchant. The Merchant undertakes to take all necessary measures to prevent them from being known to third parties or used by unauthorized persons.

The Merchant is responsible for maintaining the confidentiality of the identifiers and passwords. In this regard, the Merchant is responsible for the consequences of the loss or misuse of identifiers and passwords, unless fraudulent use that cannot be attributed to them is proven.

In case of loss, misuse, or fraudulent use of their identifier and/or password, the Merchant undertakes to immediately notify SCENTISSIME through the Merchant account login page.

The Merchant is responsible for unauthorized access, damages, disruptions, and harmful consequences caused by their failure to maintain the confidentiality of the identifiers.

The act of registering as a Merchant on the Website implies full and complete adherence and acceptance of these GTU, as well as the General Terms of Sale (GTS), of which the Merchant acknowledges also having been informed and waives, notably, the right to rely on any contradictory document that would not be enforceable against SCENTISSIME.

ARTICLE 5 – MERCHANT OBLIGATIONS

5-1. General Obligations of Merchants Regarding Product Sales

5-1.1. Contracts of sale for the Products offered by the Merchant on the website are entered into between the Merchant and the Buyer.

Merchants commit to implement, in good faith, all necessary means to fulfill their obligations by delivering Products and providing quality service to Buyers.

Merchants commit to comply with the applicable legislation regarding conducting commercial activities (including registration, accounting, social, and tax obligations), as well as the laws and regulations applicable to the Products sold through the Website.

5-1.2. Merchants declare that they either own the Products offered for sale on the website or are duly authorized to sell them through a distribution agreement.

Merchants are prohibited from offering for sale counterfeit Products as defined by the Intellectual Property Code or any Product the marketing of which is regulated under legislative, regulatory, or contractual provisions prohibiting or restricting the sale of Products through SCENTISSIME.

Merchants are solely responsible for listing the Products they offer on the Website.

5-1.3. Merchants guarantee the accuracy of the information provided in the descriptions of Products offered for sale on the Website.

Merchants undertake, in good faith, to provide accurate, precise, and non-misleading descriptions to Buyers of the Products offered for sale through SCENTISSIME. This includes essential characteristics (composition, concentration, container type, capacity, country of shipment, etc.) and provided guarantees.

Visual representations, in particular, must be consistent with the Products for sale and respect third-party rights. Merchants assure SCENTISSIME that they have all necessary rights to use these descriptive elements.

Merchants are particularly prohibited from using visuals or other descriptive elements that would infringe upon individuals' rights, third-party intellectual property rights, laws and regulations, or SCENTISSIME's brand image.

In case of failure to comply with these obligations, SCENTISSIME would be justified in temporarily or permanently interrupting access to its services by suspending or terminating them, as provided in Article 11 "Termination of Access to SCENTISSIME Services".

5-1.4. Merchants undertake to ensure the availability of the Products they offer for sale through SCENTISSIME, keeping their stock status updated, and promptly removing Products that are no longer available from the list of Products offered for Sale on the Website.

Merchants are solely responsible in case of Product unavailability, as they have sole control over it. In case of repeated unavailability of Products listed on the Website, SCENTISSIME reserves the right to suspend or terminate these terms, as provided in Article 11 "Termination of Access to SCENTISSIME Services".

Confirmation of the order by the Merchant implies a firm commitment to ship the Products as per the conditions outlined in Article 9.1 below, "Product Delivery".

Failure to do so allows SCENTISSIME to temporarily or permanently interrupt access to its services by suspending or terminating them, as provided in Article 11 "Termination of Access to SCENTISSIME Services".

5-1.5. Merchants undertake to comply with the delivery method selected by the Buyer as well as the conditions, deadlines, and delivery procedures outlined in Article 9 "Delivery and Return Procedures".

Products are shipped to the Buyer at the Merchant's risk. The Merchant commits to packaging, packing, and shipping the Products with all necessary care to prevent damage during transportation.

Delivery and return costs for Products are exclusively the responsibility of Merchants, except for specific cases granted an exception (exceptionally sized or weighted products or those requiring special shipping precautions).

5-2. Prior Identification of the Merchant – Account Creation

The Merchant must possess the status of a professional without exception.

To access the services offered by SCENTISSIME on its Website, the Merchant is required to first subscribe to and pay for an access subscription as outlined in Article 7.1 and proceed with the creation of a Merchant Account by providing the following information:

•          Company Name

•          Trade Name or Commercial Name

•          Registered Office Address

•          Contact Person(s)

•          Contact Email Address

•          Intracommunity VAT Number or SIRET for sales in France

•          VAT Type (Standard, Reduced, Exemption, etc.)

•          Login (customer/Merchant number) to be automatically generated

•          Password

•          Password Confirmation

•          Bank Details

SCENTISSIME's General Terms of Sale must be approved by the Merchant to validate their account. A confirmation email will then be sent by SCENTISSIME.

The created accounts may be verified and validated (reference check) by the administrators of the SCENTISSIME Website.

In this regard, SCENTISSIME reserves the right to request the following documents:

•          Extract from the Commercial and Companies Registry for the company and/or individual business owner

•          Identity document of the legal representative of the Merchant and/or any designated representative of the Merchant to verify their status

•          Company Articles of Association

•          Bank Account Information

5-3. Obligations related to Product Listing and sales

The Merchant is required to create a "selling space" where they have the ability to manage their catalog of Products and their sales terms.

The Merchant must provide the following information in two languages (French and English):

•          Brand

•          Product Type (extract, eau de parfum, eau de toilette, etc.)

•          Product Name (commercial name)

•          Presentation (bottle, spray, set, sample)

•          EAN Code

•          Product Reference (if applicable)

•          Product Pictures (packshots)

•          Composition (list of ingredients)

•          Product Characteristics (olfactory family, gender, season, etc.)

•          Available Quantity

•          Packaging Dimensions/Size

•          Delivery Methods

•          Inclusive Tax Sales Price

•          Exclusive Tax Sales Price

•          Brief Description

•          Detailed Description

•          Ambient Photos

•          Founder Photos

•          Founder Name(s)

•          Perfumer Name

•          For seasonal or limited edition products, online availability period (start date/end date)

This information should be entered in the spreadsheet provided to the Merchant upon registration, in both languages (French and English). This spreadsheet must be completed meticulously following the instructions provided in the appendices.

Data not complying with the specification may result in a delay in product listing.

SCENTISSIME reserves the right to not list or to remove any Product that lacks sufficient images and/or information

ARTICLE 6 – PRICE OFFERING - SALE VALIDATION – TERMS

The Merchant proposes to transfer one or more of their chosen Products owned by them by publishing a product description on the Selling Space, indicating its Sales Price.

The Price communicated by the Merchant corresponds to the exclusive tax price (HT), with the Merchant applying the VAT of the regime to which they belong in addition to the price.

By clicking the "Order with Payment Obligation" button, the Buyer commits to purchasing the Product offered for sale by the Merchant. Through this act, the Merchant undertakes to fulfill the Sale under the specified conditions.

During the input of their Offer, the Buyer must confirm the delivery method in accordance with the provisions of Article 9 "Delivery Procedures" below, so that the Buyer is informed of the Total Price at their expense (Product Price + delivery costs if applicable).

The Buyer must then proceed with the payment of the Total Price.

ARTICLE 7 – SUBSCRIPTION AND COMMISSIONS

The compensation due to SCENTISSIME by the Merchant consists of an access subscription fee (7.1) and commissions received from Sales (7.2).

7.1 – Access Subscription

Any Merchant wishing to access the SCENTISSIME Website must subscribe to and pay for a renewable quarterly access subscription, renewed automatically for the same duration.

The subscription will be offered systematically for the year 2025. Thereafter, this fixed price for the subscription will be payable apart from any sale, regularised or not by the Merchant.

The Merchant has the faculty to cancel this access subscription by expressly notifying his intention to SCENTISSIME by respecting a notice period of three (3) months before the renewal deadline.

The amount of the access subscription to be paid by the Merchant is indicated in appendix of the present GTU. This subscription will be payable monthly by SEPA direct debit or quarterly by bank transfer.

7.2 – Commission Due by the Merchant to SCENTISSIME – Options Pricing – Sales Fees

In compensation for its intermediary services and providing the necessary technological tools for this purpose, SCENTISSIME will receive from the Merchant, for each Product order placed by a Buyer on the Website, a commission equal to 25% before tax of the sale price, including the VAT paid by the buyer.

SCENTISSIME collects the Total Price of the Products on behalf and for the account of the Merchants.

Subsequently, SCENTISSIME transfers the Merchant's Net Price by bank transfer, after confirmation by the Buyer of the successful receipt of the Products, as per the conditions stated in Article 8 below. It is noted that the Net Merchant Price is equal to the exclusive tax (HT) Product Price minus the Commission.

ARTICLE 8 - MARKETING AND PROMOTION

8.1 Incentive to subscribe to the newsletter

Welcome offer: Customers can subscribe to the Scentissime newsletter. In this case, they automatically receive a €10 discount valid on their first order only. This action allows us to target customers for future marketing actions.

This discount is shared between SCENTISSIME and the Merchants according to the applicable ratio between the commission and the Merchant net price. 

The adhesion to the present conditions implies the adhesion to this mechanism.

8.2 Loyalty and sponsorship programme

To build customer loyalty and encourage repeat purchases, SCENTISSIME offers a loyalty and sponsorship programme that allows customers to accumulate points entitling them to various benefits.

These benefits include a discount with a maximum value of €15. This discount is shared between SCENTISSIME and the Merchants according to the applicable ratio between the commission and the Merchant net price. 

Adherence to the present conditions implies adherence to this mechanism.

8.3 Optional Paid Highlightings

SCENTISSIME provides Merchants with paid options to highlight Products in the Selling Space, in search engines, in newsletters, or through other means.

These conditions are outlined in a document provided separately to the Merchants and are revised annually.

SCENTISSIME reserves the right to suspend the payment of commissions due to the Merchant in case of non-compliance with their obligations.

ARTICLE 9 – REMITTANCE OF NET MERCHANT PRICE BY SCENTISSIME TO THE MERCHANT

The Product Price paid by the Buyer is held in escrow by SCENTISSIME until the effective receipt of the Product by the Buyer.

SCENTISSIME will transfer to the Merchant the Net Merchant Price upon confirmation by the Buyer of the successful receipt of the Product, within a legal minimum period of 15 (fifteen) days.

If the Buyer were to raise a reservation concerning the Product and/or return the Product under the conditions outlined in Articles 9.1 and 9.2, SCENTISSIME would refund the Buyer the Total Price upon the Merchant's justification of the actual return of the Product by the Buyer.

In the event of the Buyer exercising their right of withdrawal, SCENTISSIME, as a trusted third party, will proceed to refund the amounts paid (including any delivery costs) no later than 14 days from the date on which the right was exercised by the Buyer with the Merchant and SCENTISSIME was informed. This refund date may be postponed until the Product is recovered or until the Buyer simultaneously provides the Merchant and SCENTISSIME with evidence of the Product's dispatch. The date of this first occurrence shall be considered. The refund will be made through the same payment method used by the Buyer. This amount will then be deducted from the sums owed by SCENTISSIME to the Merchant for Product sales.

In the absence of confirmation of the successful receipt of the Product by the Buyer and in the absence of any dispute within the required deadlines, and upon the transporter's confirmation of the effective receipt by the Buyer, the Product will be deemed to have been received and the remittance of the Net Merchant Price will be made to the benefit of the Merchant within a maximum period of 15 (fifteen) working days from said confirmation.

If the delivery of the Product cannot be completed due to reasons including an incorrect address provided by the Buyer or for any other reason preventing delivery to the Buyer, the Product will be returned to the Merchant by the transporter, and the Sale will be canceled. In this case, SCENTISSIME will refund the Buyer the Total Price upon the Merchant's justification of the actual return of the Product.

If the Buyer is absent on the day of delivery and fails to collect the Product within the stipulated timeframe from the delivery notice, the Sale will be considered canceled, and SCENTISSIME will refund the Buyer the entire Product Price upon the Merchant's justification of the actual return of the Product.

If the delivery of the Product could not be completed due to a breach attributable to the Merchant or if the Merchant fails to adhere to the maximum deadline of 2 (two) working days for dispatching the order, as indicated on the delivery slip, SCENTISSIME reserves the right to impose a penalty of 5% of the Total Product Price on the Merchant.

ARTICLE 10 - DELIVERY AND RETURN PROCEDURES

Article 10-1. Delivery of Products

Delivery refers to the transfer of physical possession of the Product to the Buyer.

The Merchant initiates delivery only after confirmation of the successful payment of the Total Price by the Buyer.

The Merchant commits to delivering the Products in suitable packaging, designed to preserve the Products and complying with carrier specifications and the regulations in force in the destination countries.

The Merchant undertakes to select an express delivery method with shipment tracking and to provide the tracking number in the Website's back-office.

The Merchant undertakes to cover the delivery costs themselves, regardless of the chosen mode of transport, for orders destined for countries listed in the appendices.

Starting from the reception of a purchase order, the Merchant must dispatch the order within a maximum period of 48 working hours.

The Products are shipped to the address provided by the Buyer during the Order. The Merchant must ensure the accuracy of the information transmitted to the transporter. Any package returned to the Merchant due to an incorrect or incomplete delivery address resulting from an error by the Merchant will be re-shipped at the Merchant's expense.

If, at the time of delivery reception, the original packaging is damaged, torn, or opened, the Buyer must then inspect the state of the Products. This inspection is deemed performed once the Buyer or an authorized person signs the delivery receipt.

If the packaging has been damaged, the Buyer must refuse the package and note any anomalies concerning the delivery (damage, missing items compared to the delivery receipt, damaged package, broken products) on the delivery receipt. They must confirm these reservations by registered letter to the transporter within two business days following the receipt of the item(s) and send a copy of this letter by email or regular mail to SCENTISSIME, at the address indicated in the legal notices of the Website.

If the Products need to be returned to the Merchant due to damage to the original packaging, a return request must be made to SCENTISSIME within 14 days following the delivery. Any claims made outside this timeframe will not be accepted.

In this case, the Merchant will refund the Buyer the Total Price upon the Merchant's justification of the actual return of the Product by the Buyer, and provided that the Merchant has already received the payment from SCENTISSIME. If the Merchant has not yet received the payment, SCENTISSIME will directly refund the Buyer upon justification of the actual return of the Product.

If the delivery of the Product could not be completed due to reasons including an incorrect address or for another reason, the Product will be returned to the Merchant by the transporter, and the Sale will be canceled. In this case, SCENTISSIME will refund the Buyer the Product Price upon the Merchant's justification of the actual return of the Product.

Article 10-2. Product delivery fees

General principle:

- Above a certain selling price for a product, set for 2025 at €59.00 including VAT, merchants must offer either free delivery to the end customer within the European Union, and a reduced flat-rate delivery price outside the European Union.

- Below this selling price of €59.00 inclusive of tax, various flat-rate delivery charges are applied.

Flat-rate delivery charges are defined in accordance with the rules set out in these terms and conditions and in appendix 2.

Flat-rate charges may be revised during the year to take account of changes in carrier rates and logistical, customs or tariff constraints.

Certain destinations may be subject to specific shipping conditions due to customs, tariff or logistical constraints. In particular, shipments to French overseas departments and territories (DOM-TOM), Switzerland, the United Kingdom or other areas not covered by partner carriers may be subject to additional charges or may not be eligible for free delivery. In these cases, the merchant or the customer will be informed of the applicable charges before the order is validated.

In the event of unforeseen additional costs due to transport costs or additional taxes not covered by the fixed price, SCENTISSIME reserves the right to contact the customer before dispatch to propose an appropriate solution (additional payment or cancellation of the order).

Article 10-3. Product Returns

The merchant undertakes to dispatch any Product sold on the Website with an individual capacity greater than or equal to 40 ml, accompanied by a Sample of the same fragrance as that of the Product.

The Buyer has a period of 14 (fourteen) days from the receipt of their order to try the perfume sample. If, within this 14-day period, the fragrance does not suit the Buyer, they can return the purchased product to the Merchant, provided that the product is in perfect condition and is returned in its original packaging.

The return costs of the Products will then be the exclusive responsibility of the merchant, who shall be responsible for issuing a prepaid return slip to be transmitted to the Buyer by SCENTISSIME.

SCENTISSIME undertakes to refund the Buyer promptly, and no later than within a period of 14 (fourteen) days from the Merchant's justification of the proper receipt of the returned product and its perfect condition. The refund will be made using the same payment method that the Buyer used for the initial order.

The Merchant also undertakes to honor the legal warranties provided by French law for the sale of products. In the event of non-conformity of the product, the Buyer may exercise their legal warranty right in accordance with the conditions stipulated by law.

Article 10-4. Samples Delivery

It is agreed that a quota of Samples is allocated by the Merchant to SCENTISSIME in order to promote its Products on the Website.

These SAMPLES are dispatched by SCENTISSIME to Buyers who place orders for them on the Website.

The Sales Prices are determined by mutual agreement between the Merchants and SCENTISSIME. The general rule that applies is that these Samples are considered free, with shipping costs payable.

The sales and shipping conditions for the Samples sold and dispatched by SCENTISSIME are the same as those applied to the sales of Products carried out by the Merchants.

Returns and refunds for Samples will not be permitted.

ARTICLE 11 – DISPUTE RESOLUTION

In the event of a claim by a Buyer regarding a Product, the Merchant takes personal responsibility for resolving the dispute with the Buyer. Disputes are directly settled between the Buyer and the Merchant.

If the Buyer's dispute is found to be valid, the Merchant will either arrange for the return of the ordered Product or proceed with a refund.

If a dispute persists within a period of 8 working days from the receipt of the claim, SCENTISSIME reserves the right, after having previously informed the Merchant, to proceed with a refund of the Product to the Buyer. This amount will then be deducted from the amounts to be reimbursed by SCENTISSIME to the Merchant for the Products sold by the Merchant via the Service.

The Merchant shall make best efforts to amicably resolve the dispute with the Buyer. If such an amicable solution cannot be reached within a reasonable time, the dispute shall be subject to the exclusive jurisdiction of the courts where the Merchant's headquarters are located, in accordance with applicable law.

ARTICLE 12 - TERMINATION OF ACCESS TO SCENTISSIME SERVICES

12.1 Termination for Merchant's Default

The Merchant undertakes to comply with all applicable laws and regulations, including those related to competition, consumer protection, and marketing.

In the event of the Merchant's breach of any of its legal and/or contractual obligations, SCENTISSIME may terminate the contract after sending a formal notice to the Merchant by registered letter with acknowledgment of receipt, which remains unsuccessful for a period of fifteen (15) days from the receipt of the notice.

SCENTISSIME reserves the right to suspend or terminate the contract under the conditions provided in Article 8 in case the Merchant's complaint rate exceeds 5% of the number of its orders.

12.2 Termination for Attempted Customer Diversion

The Merchant undertakes not to include in product shipments intended for the Buyer any promotional offers or communications aimed at diverting traffic or generating sales on a site other than SCENTISSIME. This prohibition applies to all types of communication, including brochures, business cards, flyers, advertising inserts, links to external sites, etc.

Any breach by the Merchant of these obligations is considered a serious violation of these General Terms of Use and may result in immediate and permanent termination of the contract with SCENTISSIME.

12.3 Termination at the Merchant's Request

The Merchant may terminate the contract with SCENTISSIME at any time by sending a written request to SCENTISSIME, subject to a three (3) month notice period and honoring ongoing sales. The termination will take effect at the end of the three (3) month notice period.

The termination of the contract does not exempt the Merchant from its pre-existing contractual obligations, especially with regards to ongoing sales, which must be honored according to the terms and conditions stipulated in these General Terms of Use.

ARTICLE 13 – TERMINATION OF BUYER ACCESS

SCENTISSIME reserves the right to terminate the ability to access the services of the Website, including removing Content posted on the Site, and/or canceling the User's account and/or preventing the User from re-registering on the Site, in cases where the User substantially or repeatedly violates the General Terms, Privacy Policy, or other Site regulations, after being informed by SCENTISSIME and having had the opportunity to rectify the situation.

SCENTISSIME also reserves the right to terminate the ability to access the services of the Website in case of using the identity of other Users or engaging in illegal activities on the Site. In any case, SCENTISSIME undertakes to inform the User of the termination and to provide sufficient justification.

ARTICLE 14 – RESPONSIBILITIES

Article 14.1 - Responsibilities of the Merchant

The Merchant is solely responsible for sales made between Buyers and themselves.

As an intermediary of the Sale, Scentissime has no responsibility for the Products sold by the Merchant, nor for transactions conducted between the Merchant and the Buyer.

Perfume samples provided by Sellers are sold by SCENTISSIME to Buyers. In this case only, the obligations and responsibilities of the Merchant apply to SCENTISSIME.

SCENTISSIME's liability can only be incurred for events that are directly attributable to it and that cause direct harm to the Merchant, excluding any indirect harm.

SCENTISSIME's liability is excluded in case of improper use of its services by the Merchant or due to any fault on its part. It can likewise not be held liable for events attributable to a third party.

Article 14.2 - Responsibilities of the Buyer

The Buyer is solely responsible for the use of the services offered by Scentissime, including purchases made on the Website.

Scentissime has no responsibility for the products sold by the Merchant, nor for transactions conducted between the Merchant and the Buyer.

Any dispute related to a sales transaction conducted through Scentissime must be directly resolved between the Buyer and the Merchant.

Scentissime's liability can only be incurred for events that are directly attributable to it and that cause direct harm to the Buyer, excluding any indirect harm.

In accordance with applicable regulations, Scentissime's liability cannot be engaged or retained due to the content made available on the Website, especially regarding Product descriptions, unless it fails to promptly make them inaccessible after being informed of their illegality in accordance with the law.

By accepting these General Terms, the Buyer acknowledges and agrees that SCENTISSIME cannot be held responsible for products sold by the Merchant or for transactions conducted between the Merchant and the Buyer.

ARTICLE 15 – PERSONAL DATA PROTECTION

Pursuant to Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, SCENTISSIME undertakes to comply with rules concerning the protection of personal data and to ensure the security of data collected from Merchants and Buyers in the context of the sale of Products on the Site.

SCENTISSIME commits to ensuring the security of personal data it retains for the purposes of conducting and monitoring Sales.

Data collected by SCENTISSIME is necessary to ensure access to the Site's services and to facilitate the processing of product sales.

It is noted that Merchants are aware of the data collected by SCENTISSIME concerning Buyers in the context of Product Sales.

Merchants and Buyers have the right to access, rectify, erase, and object to the data concerning them, in accordance with current national and European regulations.

Buyers are informed by SCENTISSIME that this data, especially the information necessary for Product delivery, is transferred solely for this purpose to Merchants, who commit to using this data solely for the purpose of Product delivery and to fulfill the legal obligations associated with it. They undertake not to retain any copies once they have dispatched the ordered Products, any other use being strictly prohibited. They also commit to complying with legal obligations related to personal data protection.

ARTICLE 16 - INTELLECTUAL PROPERTY

The trademark "SCENTISSIME" is a registered trademark of the company SCENTISSIME.

The content of the Website is the property of SCENTISSIME and its partners and is protected by French and international laws on intellectual property. Any use or reproduction of the content of the Site for commercial purposes is strictly prohibited, except with the prior written authorization of SCENTISSIME or its partners.

ARTICLE 17 - PARTIAL NULLITY

If one or more provisions of these General Terms of Use are deemed invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in force and shall be interpreted to best reflect the parties' original intent.

ARTICLE 18 - APPLICABLE LAW

These General Terms of Use and the transactions arising therefrom are governed by French law. They are drafted in the French language. In the event of translation into one or more languages, only the French text shall prevail in case of dispute. Any dispute regarding their interpretation or execution shall be submitted to the competent courts of Paris, France.

APPENDIX 1 – COUNTRIES OF DELIVERY

The countries to which the Merchant will pay the delivery costs, regardless of the method of delivery, are as follows:

COUNTRIES OF THE EUROPEAN UNION:

Germany

Austria

Belgium

Cyprus

Croatia

Spain

Estonia

Finland

France

Greece

Hungary

Italy

Ireland

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Portugal

Poland

Romania

Sweden

Slovakia

Slovenia

Czechia