Terms of use

Last updated: 24/03/2023

Preamble

These General Terms and Conditions of Sale (hereinafter "the General Conditions of Sale") are intended to define and govern the rules applicable in the context of the sale of Products (hereinafter the "Products") available on Lostmarch.bzh (hereinafter the "Site"), the exclusive property of Finistérienne de Parfums SASU, between Finistérienne de Parfums, a Simplified Unipersonnelle Stock Company with a capital of 75,000 euros, whose registered office is located at 6 Rue de Porstrein, 29200 Brest, France, registered in the Trade and Companies Register of Brest under No. 878 120 484 (hereinafter the "Seller") and any natural person of legal age (hereinafter the "Customer") non-commercial, having the legal capacity to contract, exclusively domiciled in the countries delivered by Lostmarch.bzh wishing to make a purchase of a Product on the Site. 

These terms and conditions govern without restriction the sales of Products made from the Site. The Customer is informed that these may be subject to updating changes. It is therefore understood that only the latest version of the said Conditions is applicable to its online posting.

The General Terms and Conditions of Sale are available at any time on the Site. The customer declares to have read the General Conditions of Sale and to have understood and accepted them without limitation or condition by ticking the box “I accept the General Conditions of Sale” before the implementation of the online ordering procedure.

1- Application of GTCs

The purpose of these GTCs is to define the conditions under which the Products are marketed by the Seller to its Customers. They regulate the different stages of the sale: from the placing of the order by the customer to the delivery of the Product to the Customer. The GTCs apply to the exclusion of all other conditions.

2- Products

Unless expressly stated otherwise on the Site, all Products sold by the Seller are new and conform to the standards applicable in France and to the European legislation in force. The Products offered for sale are those visible on the Site within the limits of available stocks. Inventories are automatically updated in real time. However, a stock error, regardless of its origin, does not engage the responsibility of Finistérienne de Parfums and as such cannot be held responsible for the cancellation of an order for a Product due to the exhaustion of stocks. 

The Seller undertakes to present the essential characteristics of the Products and to make a description as precise as possible. If errors appear on the Site, the responsibility of Finistérienne de Parfums cannot be engaged. The images of the Products used on the Site are not contractual, and are provided for illustrative purposes only.

3- Price

The prices of the Products shown on the Lostmarch.bzh Site are in euros and include the VAT (including VAT) in force at the time of the order. Any change in the statutory VAT rate will apply from the date of entry into force of the new rate. Please note that the prices of the Products do not include delivery charges, customs fees and other taxes due which are the sole responsibility of the purchaser, to be paid by the purchaser. Finistérienne de Parfums retains full ownership of the products sold until the full receipt of the principal prices, including fees and taxes.

4- Command

The placing of an order on the Site is subject to compliance with the procedure described below:

4-1. Select the Product(s) Product(s) while choosing the desired quantities to add them to the online shopping cart.

4-2. From the shopping cart, the Customer is invited to continue shopping, change their shopping cart or order.

4-3. Then, if the Customer is not already identified, the Customer will be asked to identify himself or to register using an identification form made available to him in order to indicate the mandatory information. The Customer must then confirm that the GTCs and the privacy policy have been taken into account. On the right side of the screen you can see your shopping cart, the total price, the shipping costs and any discounts. Throughout the ordering process, the customer retains the possibility to modify their shopping cart by clicking on the “shopping cart” icon at the top right of the screen.

4-4. Then the Customer must select the delivery method.

4-5. The customer will then have to select the payment method and confirm that the GVCs have been taken into account in order to make the payment.

4-6. Any order placed on the Site must be paid in cash by credit card. For payment by credit card, the Customer must enter his/her name, credit card number, expiry date and the 3 numbers of the visual cryptogram on the back of his/her card. The payment is secured by Payline which uses the 3D Secure payment protocol developed by Visa and Mastercard to enhance the security of payments on the Internet. The principle is to ask the purchaser, in addition to their payment card details, for a one-time authentication code (most often received by SMS) in order to ensure that they are the cardholder.

4-7. Once the payment has been validated, the Customer will receive an e-mail recapitulating the order placed on the Site with the order number and date, all the items ordered, the billing and delivery address and the delivery terms.

4-8. For order follow-up, the Customer receives an e-mail confirming the dispatch of his order, which constitutes the conclusion of the sales contract. Information on order tracking and delivery terms can be found on the Site "Lostmarch.bzh" and on the Site of the carrier from the tracking number of the parcel.

5-Delivery

The articles offered on the Site can only be delivered to the following destinations:

Metropolitan France 

European Union 

United Kingdom, Serbia, Switzerland 

The Products are shipped to the delivery address of the Customer indicated during the ordering process. In order to meet the delivery deadlines, the Customer must ensure that he has provided accurate and complete information regarding the delivery address. Please note that delivery cannot be made to hotels or post office boxes.

 5.1 Delivery arrangements

Delivery costs and times vary depending on the delivery address provided. This information is displayed at the time of ordering. Delivery times are given for guidance only. In order to comply with the delivery deadlines, the customer must ensure that he has provided accurate and complete information regarding the delivery address.If this information exceeds 30 days from the date of the order, the contract of sale may be terminated and the purchaser refunded in accordance with the provisions of article L121-20-3 of the French Consumer Code. However, exceeding these deadlines may not give rise to any reduction in the price paid by the customer or to any payment of damages. At the time of delivery, the customer is obliged to check, in the presence of the deliverer, the condition of the packaging of the goods and its contents at the time of delivery. In the event of damage during transport, of missing or damaged Products, any protest must be mentioned on the delivery receipt and made to the carrier, then a declaration of reservation must be sent within 48 hours of delivery by registered mail and acknowledged receipt and a copy sent by e-mail to Customer Service. Failing this, no complaint may be brought by the client to Finistérienne de Parfums.

6- Right of withdrawal

In accordance with the law, the customer has a period of 14 days from the delivery of the Products to exercise his right of withdrawal, in order to request a refund of the purchased items. The costs of return shall be borne by the Customer. The Customer may therefore return the Product purchased within the aforementioned period, the date shown on the delivery note being authentic, subject to compliance with the following refund procedure:

 - The Customer must inform Finistérienne de Parfums of his/her wish to withdraw within 14 days of receiving his/her order, by sending his/her request to the following e-mail address: contact@lostmarch.bzh according to the model of the withdrawal form below:

I hereby notify you of my withdrawal from the contract concerning the sale of the following product:

Product Reference:

Order number:

Number of invoice:

Ordered DD/MM/YYYY / Received DD/MM/YYYY

Name of the customer or beneficiary of the order:

Address of the client:

Delivery address:

Signature (only in the case of paper notification)

Date: DD/MM/YYYY

 - The Customer must return the Product(s) together with the purchase invoice, to the address transmitted received with the acknowledgement of receipt, by registered mail with acknowledgement of receipt in order to avoid any inconvenience in the event of loss or theft of the Products during transport.

 - The Products must be returned in their original and complete condition, under the original cellophane, allowing a commercialization in new condition.

Finistérienne de Parfums SASU reserves the right not to reimburse the customer in the event of loss, damage, suffered during the transport of the returned Product(s).

7- Reimbursement

Finistérienne de Parfums SASU will reimburse the customer for the price of the returned Product(s), including delivery costs, except in the case of partial return. Once the parcel has been received and if the Product(s) prove to be in conformity, the refund will be made using the same means of payment as that used for the initial transaction, i.e. by bank cheque in case of impossibility of refund (virtual card) within a maximum period of 30 days from the exercise of the right of withdrawal. The costs of return shall be borne exclusively by the Customer. If the Product is returned outside the aforementioned period, the Customer will not be refunded and will be informed that the Products remain at his disposal for a period of 1 month. At the request of the Customer the Products may be re-shipped.

8- Legal guarantees

In accordance with the legal provisions in force, the Products sold on our Site Lostmarch.bzh, are subject to the conditions of legal guarantees of conformity provided by Articles L211-4, L211-5 and L211-12 of the Consumer Code and the guarantee of hidden defects Article 1641 and 1648 of the Civil Code. This guarantee allows the Customer who can prove the existence of a hidden defect to choose between refunding the price of the Product or exchanging it if it is returned.

9- Responsibility

Under no circumstances shall Finistérienne de Parfums be held liable in the event of indirect damage that may occur as a result of the purchase of the Products, consequences related to the non-compliant use for which the Product is intended or defects in the Products and their consequences related to any external cause. Finistérienne de Parfums may not be held liable in the event of non-performance or improper performance attributable either to the Customer or to cases of force majeure as defined in the case law of French courts and tribunals.

10- Personal data

All personal data collected from the Customer on the Site, are used to process the order, allow its routing and to establish the invoice. If the Customer has chosen to subscribe to the Newsletter, this data allows to send him information about events, special offers, exclusive offers and news. The customer may decide to unsubscribe from this newsletter at any time by clicking on the hyperlink provided for this purpose at the bottom of the e-mail page. Finistérienne de Parfums undertakes to keep the Customer's data confidential for the purposes of the contract, its execution and in compliance with the law. These data may be disclosed in whole or in part to the Seller's service providers involved in the ordering and delivery process. In accordance with the law "Information Technology and Freedom" n°78-17 of 6 January 1978, Finistérienne de Parfums undertakes to preserve the confidentiality of the information provided by the Customer, which he is required to transmit for the processing of his order. In accordance with the provisions of Articles 39 and 40 of the amended "Computer and Freedom" Act and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR), the customer retains the right to access, rectify, update, portability and delete information concerning him. In this case, the Customer may modify his personal information directly in the "My Account" section of the Lostmarch.bzh Site.

11- Intellectual Property

All elements of the Lostmarch.bzh Site are protected by copyright, trademark and patent law and are the exclusive property of Finistérienne de Parfums SASU. Any total or partial reproduction, exploitation or redistribution of the Lostmarch brand, as well as all trademarks, photographs, illustrations, logos, designs and models, copyrights and contents appearing on the Site, is strictly prohibited.

12- Applicable law

These General Conditions of Sale are governed by French law. Any dispute that has not been settled amicably, shall be subject to the exclusive jurisdiction of the competent courts of Brest, even if there are several defendants.

13- Customer Service

The customer service can be contacted free of charge by e-mail or by post for any questions regarding your order, its shipment and its tracking:

- By e-mail: contact@lostmarch.bzh

- By post: Finistérienne de Parfums 6 Rue de Porstrein 29200 Brest