Terms and Conditions

FOREWORD

The iloveparfums.com Website is an e-commerce site that can be accessed through the Internet at the address www.iloveparfums.com. It is open to any user of the network.

ARTICLE 1 – APPLICABILITY

The sales conditions presented herein are intended to inform all potential customers of the conditions and means by which the seller (iloveparfums.com) proceeds with the sale and delivery of products ordered and to define the rights and obligations of the parties in the case of a sale of products by the seller to a consumer (the Buyer). These conditions apply, without restriction or reserve, to all orders placed on the internet site www.iloveparfums.com (hereafter the “Internet Site” or iloveparfums.com).

As a consequence, when the Buyer orders a product on the Internet Site (hereafter the “Product(s)”) in the conditions defined in article 8 below (hereafter the “Order”), the Buyer accepts fully and completely the Terms of Sale, which Buyer acknowledges acceptance of prior to the Order.

Iloveparfums.com reserves the right to change or modify at any time the Terms of Sale. From the time of posting of a new version, the act by any person of ordering a Product means the full and entire acceptance of the new version of the Terms of Sale of which he recognizes having knowledge prior to making the Order.

ARTICLE 2 - OBLIGATIONS

2.1 Obligations of the Buyer

Before his Order, the Buyer declares that he has the legal capacity to accept the Terms of Sale.

2.2 Obligations of iloveparfums.com

iloveparfums.com agrees:

-in case of acceptance of an Order, to sell and have delivered to the Buyer the Products that he has ordered in conformity with the Terms of Sale.

We however reserve the right to cancel any order from a client with whom there is an existing payment in arrears or litigation related to the payment of a previous order, or for any other legitimate reason notably relating to the abnormal character of the order.

-to present and describe the Products with exactness so as to permit the consumer to know the essential characteristics of the article.

In all cases, the responsibility of iloveparfums.com is not engaged: -as a result of errors produced on the Internet Site; -by any imprecision or omission in the information available on the Site; -by any damages resulting from a fraudulent intrusion by a third party who has modified the information available on the Site; -and more generally any damages, direct or indirect, whatever may be their cause, origin, nature or consequence, realised as a result of the access of anyone to the Site, or by the impossibility to access it, from the utilization of the Site and/or the credence given to any information coming directly or indirectly from it.

ARTICLE 3 - CONFIDENTIALITY RULES

Iloveparfums.com takes seriously its obligation to respect the confidence that has been accorded to it by the Buyer.

3.1 Right of Access, correction and suppression of information

The Buyer has a right of access, correction and suppression of information concerning him that he may exercise by writing to us at sav@iloveparfums.com, noting Buyer’s first and last name, complete address, and client number. Buyers may be informed by us of our offers by electronic mail. If the Buyer does not wish to receive these offers, Buyer need only to inform us by email at the following address, sav@iloveparfums.com.

3.2 Use of information by iloveparfums.com

We collect certain types of information on our clients so as to improve their satisfaction and to communicate with them about our products, services, promotions and contests. Iloveparfums.com may also utilize this information to present them with offers, help us to develop iloveparfums.com as well as to present a site aligned with their interests.

3.3 Information collected by iloveparfums.com

iloveparfums.com collects two types of information from the users of the site: “Personal Information” (name, email address, mailing address, telephone number and credit card number) and “Non-nominative individual information” (information on the number of users visiting the site each day, for example).

3.4 Personal Information collected on line by iloveparfums.com

The Personal Information is collected on line when users sign in voluntarily on iloveparfums.com to buy articles, receive information bulletins electronically, use the community and communication services, respond to invitations and participate in contests and other promotional opportunities presented on iloveparfums.com. We also take note of products that interest the Buyer and the articles that he buys on line. It is possible that we will receive information about personal use and demographics from our stores and third parties with whom we work.

3.5 Non-nominative individual information collected on line by iloveparfums.com

The non-nominative individual information is anonymous information/does not allow the identification of the Buyers by age, sex, type of products bought, pages most visited or the terms used for searches. The non-nominative individual information is used collectively, no individual can be identified through this compiled information. For example, the number of people who have made purchases on iloveparfums.com and who are 25 years old constitutes an example of non-nominative individual information which does not allow the identification of any single user. Using IP (Internet Protocol) addresses is one of the methods of collecting non-nominative individual information on the online activities of the Buyer as well as the information he provides voluntarily. An IP address is a number automatically attached to the computer each time the that Buyer navigates on the Web. Each time the Buyer asks to show a page on our site, our servers register the IP address.

3.6 Sharing information collected on line with third parties, consultants and affiliates

iloveparfums.com does not exchange with any third party the Personal Information concerning the Buyer collected on line such as email address, the Personal Information collected from a request on line or other specific information concerning the Buyer. Iloveparfums.com may communicate the Personal Information collected on line with consultants as well as for internal purposes; we also may divulge the Personal Information if this information is required so that iloveparfums.com is in compliance with any valid process such as a search warrant, statutory measure or a court order or if iloveparfums.com believes that this submission has been used to commit acts that are illegal or liable to put in danger the safety or security of another user or the general public.

In addition, iloveparfums.com receives from its affiliates and third parties information on personal usage and of a demographic nature and uses it to improve its products and services.

ARTICLE 4 - CUSTOMER SERVICE

For any information, question or advice, our customer service is available to the Buyer : sav@iloveparfums.com

ARTICLE 5 – PRICES

All of the prices shown on the site are in euros and exclude shipping costs.

Prices include the VAT applicable in France on the day of the Order. Iloveparfums.com reserves the right to add to the price of the Products any change in the rate of VAT.

The shipping costs, billed in addition to the price of products bought according to the amount of the order or the number of products ordered, will be indicated before the completion of the order by the buyer.

Iloveparfums.com reserves the right to modify its prices at any time but commits to applying the current price indicated to the Buyer at the time of his Order, only when the Products ordered are available in stock at that time.

ARTICLE 6 - PRODUCT CHARACTERISTICS

The Buyer may, before making an order, take into account, on the site iloveparfums.com, the essential characteristics of the products that he would like to order. The Buyer selects one or several products from among the different categories proposed on the Internet Site iloveparfums.com.

Our product offers and prices are valid when they are visible on our site, within the limit of stock available. For products that are not stocked in our warehouses, our offers are valid on condition of availability with our suppliers. Iloveparfums.com reserves the right to modify the assortment of products as a function notably of supplier constraints.

Photographs, graphics and descriptions of products proposed for sale are only indicative and do not in any way obligate the Seller. In the instance where a supplier modifies a product, the graphic representation of it does not create any responsibility on the part of the Seller nor affect the validity of the sale.

ARTICLE 7 - ORDERS

A click on the button « Order » is equivalent to a signature and confirms full and complete acceptance of the Terms of Sale, prices, volumes and quantities of Products ordered.

From this last click, the Order is irrevocable and cannot be changed except in the limited cases described hereafter.

Iloveparfums.com will send an email to the Buyer with confirmation of the Order, with the precision that this email only confirms that the Order has been taken into account by iloveparfums.com, and not that the Product ordered is available.

ARTICLE 8 – OFFER AND AVAILABILITY OF PRODUCTS

Our product offers and prices are valid when they are visible on our site, within the limit of stock available. For products that are not stocked in our warehouses, our offers are valid on condition of availability with our suppliers. In this case, indications about the availability of products are given to the Buyer at the time of making the order. This information comes directly from our suppliers, and errors or changes may occur on occasion.

Upon receipt of the order, we verify the availability of the Products ordered.

An order, once entered through the Internet, may not be cancelled by the Buyer, because it is transmitted immediately.

In the case of unavailability of the entirety of the Products in an Order, we will within 30 days of the validation of the Order, either propose a new delivery date to the Buyer that he must accept within 7 days, or cancel the Order and give the Buyer a credit in the amount of the Order.

In case of partial unavailability (unavailability of only a part of the Products in an Order), we will deliver to the Buyer within 30 days the Products available from the Order as well as an informational message and a credit for the value of the products that were not delivered.

ARTICLE 9 - METHODS OF PAYMENT

All transactions (by credit card) are effectuated in encrypted mode through a bank validation servers of Moneybookers and PayPal.  In order to assure the payment security by credit card, the Buyer has the obligation to transmit to the server the visual cryptogram on his card.  The payment will be effected upon the order by the buyer.  At no time may the sum transferred be considered as a deposit or advance.  To pay for his order, the buyer can use the following methods of payment:  credit card (see detail below) and fidelity points.  The credit cards accepted are those most commonly used:  Visa, Euro Card/Mastercard, American Express…Fidelity points are given exclusively by iloveparfums.com and are valid only on its Internet Site.  The buyer guarantees to iloveparfums.com that he has the authorization necessary to use the method of payment he has chosen, upon entering the order.  Iloveparfums.com reserves the right to suspend or cancel any order and/or delivery, whatever its nature or stage of execution, in the case of non-payment of any sum due by the buyer or in case of interruption of payment.  Penalties equal to the highest legal rate of interest plus five points are applicable to unpaid amounts after a delay of ten days from the date of billing or the notification of rejection of bank payment for all other methods of payment.  Delivery of all new orders may be suspended in case of delay of payment for a previous order, and despite any measures previously taken.  Iloveparfums.com reserves the right to demand a photocopy of a piece of identity from the buyer for all payments by credit card.  For amounts above 150 euros including tax, iloveparfums.com reserves the right to demand a certified photocopy of a piece of identity.  In the case of an action against Internet fraud, the information related to the order may be transmitted to third parties for verification.

ARTICLE 10 – FIDELITY POINTS AND PROMOTIONAL CODES

Fidelity Points are used by means of a promotional code given on the page “Fidelity Program.” Only one promotional code may be used per order. The promotional code has no monetary value and must be used at the time of purchase on line by entering it into the space marked for it.

ARTICLE 11 – DELIVERY

Delivery times depend on the availability of products, the warehouse and the verification of payment details.

Delivery times are indicated below by country. When products are noted as coming from a secondary warehouse, this may add an additional 8 to 10 days to delivery times.

Delivery times may be longer than indicated due to the transporter, notably in the case of loss or strike. These delays, outside of the control of iloveparfums.com, do not give the right to cancel the order.

After validation of the order, the products will be delivered to the address given by the buyer in the order. Once the order has been sent, the products cannot be changed. By default, invoices are transmitted to the email address indicated by the Buyer during his registration. If any of the procedures outlined herein are not followed, no claims of the Buyer will be admitted.

Packages are delivered in France by our partner La Poste through its services Colissimo Access and Chronopost.

Packages are delivered in Germany, the Netherlands, Belgium and Luxembourg by our partner Deutsche Post.

Packages are delivered in the United States by our partner United States Postal Service.

After payment for an order, the Buyer has a period of 30 days in which to signal non-reception of the order. Once this delay has elapsed, it is considered that the order has been received and that it is in conformity with what the Buyer validated during purchase. In addition, the Buyer may not claim exchange, reimbursement, or redelivery of this order.

11.1 Delivery to France by Colissimo Access and Chronopost (La Poste)

Once the order has been finalized, it is sent to the transporter. A confirmation email is sent to the buyer showing the list of products bought, the delivery address and the tracking number allowing him to follow the delivery.

From there it will take 2 to 5 business days by Colissimo Access and 2 business days for Chronopost for delivery or for a notice to be left in the mailbox. From the date of notice being left in the mailbox at the address indicated by the Buyer, he will have approximately 10 days to retrieve the package at the post office. If the package is not retrieved in time, it will be returned to iloveparfums.com. Customer service will then contact the Buyer for resending. Payment for the cost of resending will be required.

The buyer or the recipient of the package can have it delivered to his residence or the address of his choice by La Poste. Because deliveries are done by La Poste, the buyer may not choose the day of delivery. In case of absence, the Buyer or the recipient of the package will receive in his mailbox a notice, which will allow him to retrieve the package at the closest post office, within a delay as specified. If the Buyer does not receive the notice, he may nonetheless retrieve his package with a piece of identity and the package number. Beyond this period, the package is returned to the warehouse of iloveparfums.com which will re-contact the buyer to set a new date of delivery, the shipping charges being, in this case, at his expense.

The buyer can see in real time where his package is by consulting the page “My Account” and then choosing “My Orders.”

In the case where the buyer has any doubt about the nature of the contents or the condition of his package, he should:

- Use the procedures recommended by La Poste (notably to signal the damages due, all claims and reserves) and to refuse the merchandise by immediately sending a statement of anomaly through an employee of La Poste.

- Signal these events to iloveparfums.com by sending an email to the address sav@iloveparfums.com, at the latest within 2 business days after the delivery.

11.2 Delivery to Germany, the Netherlands, Belgium and Luxembourg by Deutsche Post

Once the order has been finalized, it is sent to the transporter. A confirmation email is sent to the buyer showing the list of products bought, the delivery address and the tracking number allowing him to follow the delivery.

From there it will take 4 to 5 business days for delivery or for a notice to be left in the mailbox in Germany, the Netherlands and Luxembourg and 2 to 3 business days to be delivered in Belgium. A signature is required upon delivery. From the receipt of a notice in the mailbox corresponding to the address given by the Buyer, he has approximately 10 days to retrieve it from the Deutsche Post office. If the package is not retrieved in time, it will be returned to iloveparfums.com. Customer service will then contact the Buyer for resending. Payment for the cost of resending will be required.

The buyer or the recipient of the package can have it delivered to his residence or the address of his choice by Deutsche Post. Because deliveries are done by Deutsche Post, the buyer may not choose the day of delivery. In case of absence, the Buyer or the recipient of the package will receive in his mailbox a notice, which will allow him to retrieve the package at the closest post office, within a delay as specified. If the Buyer does not receive the notice, he may nonetheless retrieve his package with a piece of identity and the package number. Beyond this period, the package is returned to the warehouse of iloveparfums.com which will re-contact the buyer to set a new date of delivery, the shipping charges being, in this case, at his expense.

The buyer can see in real time where his package is by consulting the page “My Account” and then choosing “My Orders.”

In the case where the buyer has any doubt about the nature of the contents or the condition of his package, he should:

- Use the procedures recommended by Deutsche Post (notably to signal the damages due, all claims and reserves) and to refuse the merchandise by immediately sending a statement of anomaly through an employee of Deutsche Post.

- Signal these events to iloveparfums.com by sending an email to the address sav@iloveparfums.com, at the latest within 2 business days after the delivery.

11.3 Delivery to the United States by United States Postal Service

Once the order has been finalized, it is sent to the transporter. A confirmation email is sent to the buyer showing the list of products bought, the delivery address and the tracking number allowing him to follow the delivery.

From there it will take 10 to 12 business days for delivery or for a notice to be left in the mailbox. If the package is not retrieved in time, it will be returned to iloveparfums.com. Client service will then contact the Buyer for resending. Payment for the cost of resending will be required.

The buyer or the recipient of the package can have it delivered his residence or the address of his choice by the United States Postal Service. Because deliveries are done by the Post Office, the buyer may not choose the day of delivery. In case of absence, the Buyer or the recipient of the package will receive in his mailbox a notice, which will allow him to retrieve the package at the closest post office, within a delay as specified. If the Buyer does not receive the notice, he may nonetheless retrieve his package with a piece of identity and the package number. Beyond this period, the package is returned to the warehouse of iloveparfums.com which will re-contact the buyer to set a new date of delivery, the shipping charges being, in this case, at his expense.

The buyer can see in real time where his package is by consulting the page “My Account” and then choosing “My Orders.”

In the case where the buyer has any doubt about the nature of the contents or the condition of his package, he should:

- Use the procedures recommended by the United States Postal Service (notably to signal the damages due, all claims and reserves) and to refuse the merchandise by immediately sending a statement of anomaly through an employee of the United States Postal Service.

- Signal these events to iloveparfums.com by sending an email to the address sav@iloveparfums.com, at the latest within 2 business days after the delivery.

ARTICLE 12 - DELIVERY CHARGES

The charges for shipping and handling at the expense of the Buyer are communicated at the time of validation of the order before payment.

ARTICLE 13 -  PACKAGES NOT RECEIVED

If the package is shown to be delivered by the tracking of the post office but the Buyer has not received it, he should contact Customer Service (sav@iloveparfums.com) of iloveparfums.com. iloveparfums.com will open an inquiry with the post office to ask for proof of delivery. The post office has three weeks in which to give us proof of delivery.

If the post office is not able to give us proof of delivery, the package will be declared lost and we will proceed with a reimbursement of the order corresponding to the lost package (products and shipping costs).

On the other hand if the post office provides us with proof of delivery, we are not able to reimburse the order.

ARTICLE 14 - DELIVERY PROBLEMS THROUGH FAULT OF THE TRANSPORTER

Any anomaly arising during the transport and any problem detected at delivery (product missing, package damaged, products broken…) must be indicated on the delivery notice under “written claims”, accompanied by the signature of the client.

As the products are delivered by la Poste, Deutsche Post and United States Postal Service the buyer must go through the proper procedure, including to indicate the damages, all reclamations and reserves and to obtain as necessary all forms needed for these purposes from the post office.

ARTICLE 15 - DEFECT OF CONFORMITY

The consumer must inform iloveparfums.com the same day of the delivery or at the latest within two business days following the delivery of all claims related to an error in delivery and/or a defect in the conformity of the products as compared to the indications on the order.

All claims submitted after this delay will be rejected.

Every return must, therefore, be signalled to the 24 hour Customer Service at iloveparfums.com by email at the address sav@iloveparfums.com.

Then, each return that is a result of an error of delivery must be returned by the buyer within 7 business days from the day of delivery.

To return a product, the following procedure must be followed:

1. Send an e-mail to sav@iloveparfums.com indicating the Products to be returned,
2. By a return e-mail, iloveparfums.com will send the buyer a notice of reception and a form to fill out
3. Then return the products through the post with tracking, including in the package the completed form and a copy of the bill.

If this procedure is not followed within the time limits indicated, the buyer may not make any claim for faults in conformity or apparent defects in the products delivered, the product thereby having been accepted as without defect.

The costs and risks of the return of the product are assumed by the buyer.

If the product is lost by the transporter during this shipment, the buyer is solely responsible and may not be reimbursed by iloveparfums.com.

iloveparfums.com does not accept packages sent with postage due.;.

The initial costs of shipping will not be reimbursed.

In all cases, if the return is accepted by Customer Service and it is returned within 7 days as described herein in conformity with the conditions of return, the buyer will have the choice of an exchange if the product is available or a reimbursement of the amount of the purchase, and the shipping costs advanced for the return of the product(s) will also be reimbursed to the buyer, upon having proof.

In the case of reimbursement, iloveparfums.com will make its best efforts to reimburse the buyer within a delay of 30 days from the date of reception of the returned product. If this time has passed through reasons not under its control, iloveparfums.com may not be pursued by the buyer. The buyer is reimbursed by crediting his credit card, the rapidity with which the card is credited depends on the type of card: in the case of a debit card, the account is credited within 3 to 8 days depending on the bank; in the case of a card with delayed debit, the credit will appear at the end of the month on the account of the credit card and not the bank account. If the reimbursement takes longer, the buyer should contact his bank.

Upon reception of the acceptance of return, the buyer has 7 business days to return the products . In effect, if the return is accepted by Customer Service but the product is not returned by post to iloveparfums.com within the 7 days following the date of the acceptance of return or if it is not returned within the Conditions of return, the buyer may not be reimbursed.

On the other hand, if the return is not accepted by Customer Service, the buyer may not exercise his right of return and must keep his product without the possibility of being reimbursed or benefiting from a credit. If the return is refused by Customer Service and the buyer returns it anyway, this will not be reimbursed. If the buyer wishes to reclaim his product which has been improperly returned, he must request by email to iloveparfums.com to send it back to him. The shipping expenses will be paid by the buyer in advance by credit card.

ARTICLE 16 – OWNERSHIP RIGHTS

iloveparfums.com expressly retains the ownership rights of Products delivered until full payment of their purchase price in principal and interest.

The measures above do not restrict the transfer to the Buyer of the risks of loss or deterioration.

In absence of a final ruling, iloveparfums.com has the right to require the restitution of Products delivered. The costs that may be incurred for this restitution will be at the expense of the Buyer.

ARTICLE 17 – RESPONSABILITIES

The products proposed are in conformity with the legislation of the State of Delaware in effect. The responsibility of MARVALE LLC, owner of the website iloveparfums.com, is not engaged in the case of non-respect of the legislation of the country where the products are delivered. It is up to the Buyer to verify with the local authorities the conditions of use of the products or services that the Buyer intends to order.

17.1. Responsibility for the process of sales on line

iloveparfums.com, in the process of online sales, is only held to a best efforts undertaking. Notably, its responsibility cannot be engaged:

- for damage resulting from the use of the Internet such as the loss of information, intrusion, virus, rupture of service,

- - in case of force majure or fortuitous, including without limitation, total or partial strikes notably of delivery services and transporters, catastrophes, fires, malfunction or breakdown of the Internet network, of telecommunication or of the electrical network, or exterior intrusion or presence of computer viruses, and in general of all events which do not allow good completion of Orders.

17.2. Responsibility regarding Products sold:

Subject to the imperative legal requirements, the responsibility of iloveparfums.com is not engaged:

- in case of error in one of the photographs or one of the texts illustrating the Products;

- in case of damages of any kind, whether material or immaterial, that may result from the misuse of Products;

- in case the product is out of stock or unavailable

In any case and without limiting the previous conditions, the responsibility of iloveparfums.com will be limited to the sums paid or payable in the Order at the origin of said responsibility, whatever may be the cause or the form of the action concerned.

ARTICLE 18 - PRODUCT GUARANTEES

Regarding responsibility for defective products, the consumer is expressly informed that MARVALE LLC is not the manufacturer of the products presented on the site iloveparfums.com. As a result, in the case of damages caused to a person or an object by a product defect, only the responsibility of the manufacturer of the product may be considered by the consumer, on the basis of the information shown on the product packaging.

ARTICLE 19 - APPLICABLE LAW AND JURISDICTION

The sales of products by iloveparfums.com are subject to the law of the state of Delaware. All litigation relative to the interpretation, execution or breach of contract between iloveparfums.com and the buyer, even in the case of multiple defendants, will be, unless by mutual agreement, under the exclusive jurisdiction of the courts in the place of domicile of the defendant or, at the option of the defendant, in the place of the effective delivery of the product.

ARTICLE 20 – PROPRIETE INTELLECTUELLE

All elements of the Internet Site, and notably the text, commentaries, illustrations and images, whether they are visual or audible, are protected by the rights of intellectual property and are and remain the exclusive intellectual property of ilovepartums.com.

It is strictly forbidden to reproduce, imitate, exploit, diffuse or use by any means, even partially, elements of the Internet Site, without having obtained authorization in advance of iloveparfums.com.

The stipulations herein apply equally to all use, including for publicity or promotional purposes, of the name and logo iloveparfums.com.

If the Buyer has a personal website on which he would like to place, for personal use, a link connecting directly to the Internet Site, he must ask for authorization in advance in writing from iloveparfums.com.

In all cases, any unauthorized link must be removed upon request of iloveparfums.com.

ARTICLE 21 - DURATION

The Terms of Sale are applicable throughout the duration of time that Products and services are offered online by iloveparfums.com.

ARTICLE 22 – PARTIAL NON-VALIDITY

If one or more stipulations of the current Terms of Sale are held to be invalid or declared as such in application of a law, a ruling or as a result of the definitive judgement of a competent jurisdiction, the other stipulations retain their full force and validity.