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Terms of service

These General Terms and Conditions of Sale (GTC) have been adapted for Direct-to-Consumer (D2C) e-commerce in strict compliance with the European Union Consumer Rights Directive and the French Consumer Code (Code de la consommation).

1. SCOPE AND DEFINITIONS

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by OBART PERFUMES & BEAUTY LLC ("the Company" or "we"), a corporation organized and existing under the laws of France, entered into the Nanterre Trade and Company Register under n° 105 873 590, with its registered office at Office No. 1912-93, Malik Abbas Gul Khan Faiz Gul Khan, Business Bay, Dubai, United Arab Emirates, to non-professional consumers ("the Customer" or "you") purchasing products ("the Products") on the Obart Beauty website.

By placing an order on the website, the Customer unconditionally accepts these GTC. The Company reserves the right to modify these terms at any time; however, the terms applicable to an order are those in effect on the date the order is placed.

2. PRODUCTS AND PRICING

2.1 Products: The essential characteristics of the Products, including fragrance notes and ingredient lists, are described on the website. The Company takes great care in the presentation of its items, but variations in packaging or slight differences in digital color rendering may occur.

2.2 Pricing: All prices are indicated in Euros (€) and are inclusive of all taxes (TTC), including the French Value Added Tax (VAT) applicable on the day of the order. Prices do not include delivery charges, which are calculated and displayed prior to final order confirmation. The Company reserves the right to modify its prices at any time, but Products will be invoiced based on the rates in effect at the time of order validation.

3. ORDERS

To place an order, the Customer must follow the online purchasing process:

  1. Select Products and add them to the cart.

  2. Verify the cart contents and correct any errors.

  3. Validate the cart and enter delivery and billing information.

  4. Review the final order summary (including shipping costs) and accept these GTC.

  5. Proceed to secure payment.

Pursuant to French law, an order is only legally binding once the Customer completes the payment step ("order with obligation to pay"). An email confirming the order and containing the invoice will be sent to the Customer.

4. PAYMENT TERMS

Payment is due immediately upon ordering. Purchases must be settled via the secure payment methods offered on the website (e.g., credit card, debit card). The Company utilizes encrypted payment gateways to ensure the security of financial data. The transfer of ownership of the Products is delayed until the Company has received full payment of the price.

5. DELIVERY AND TRANSFER OF RISK

5.1 Delivery Logistics: Orders are processed, packed, and dispatched by our logistics partner, Deret, located in France. We deliver to mainland France and across the European Union. 

5.2 Timelines: Estimated delivery times are provided at checkout. In accordance with EU law, if no specific delivery date is provided, the Company undertakes to deliver the Products within a maximum of thirty (30) days from the order confirmation. 

5.3 Transfer of Risk: Regardless of the shipping method, the risk of loss or damage to the Products is transferred to the Customer only at the moment the Customer (or a designated third party other than the carrier) takes physical possession of the Products.

6. RIGHT OF WITHDRAWAL (14-DAY RETURN POLICY)

6.1 The Principle: Under EU consumer protection laws (Article L221-18 of the French Consumer Code), the Customer has fourteen (14) days from the receipt of the Products to exercise their right of withdrawal without having to justify their decision or pay any penalties, except for return shipping costs. 

6.2 The Hygiene Exception: Please note: In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for goods that have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons. Therefore, fragrances and cosmetic primers must be strictly unused, unopened, and returned in their original, sealed packaging (with all cellophane and tamper-evident seals intact) to be eligible for a refund. 

6.3 Process & Refunds:The Customer must notify the Company of their intent to withdraw via the contact information provided on the website. The Customer is responsible for the return shipping costs. Upon receipt and inspection of the returned, sealed items, the Company will refund the Customer within 14 days using the original payment method.

7. LEGAL GUARANTEES

The Company is liable for conformity defects of the goods (Legal Guarantee of Conformity - Articles L. 217-3 and following of the French Consumer Code) and hidden defects (Legal Guarantee against Hidden Defects - Articles 1641 and following of the French Civil Code).

  • Legal Guarantee of Conformity: The Customer has a period of two (2) years from the delivery of the Product to act. The Customer may choose between the repair or replacement of the good, subject to the cost conditions set out in Article L. 217-12 of the Consumer Code. The Customer is exempted from having to prove the existence of the lack of conformity during the 24 months following the delivery.

  • Guarantee against Hidden Defects: The Customer can decide to implement the guarantee against hidden defects of the item sold. In this case, the Customer can choose between the cancellation of the sale or a reduction of the sale price.

8. LIABILITY AND FORCE MAJEURE

The Company cannot be held liable if the non-execution or poor execution of the contract is attributable either to the Customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined by French courts. The Company is also not liable for damages resulting from improper storage or usage of the Products by the Customer.

9. INTELLECTUAL PROPERTY

All elements of the Obart Beauty website (including text, images, logos, product names, and formulations) are protected by copyright, trademark, and other intellectual property laws. They remain the exclusive property of the Company. Any total or partial reproduction is strictly prohibited without express written consent.

10. PERSONAL DATA (GDPR COMPLIANCE)

The Company collects personal data strictly necessary for processing orders, managing customer relations, and fulfilling legal obligations. In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés), the Customer has the right to access, rectify, delete, and object to the processing of their personal data. These rights can be exercised by contacting the Company directly.

11. APPLICABLE LAW, MEDIATION, AND JURISDICTION

11.1 Governing Law: These General Terms and Conditions of Sale are governed by and construed in accordance with the laws of France, without depriving the Customer of the mandatory consumer protection laws of their country of residence within the EU. 

11.2 Mediation: In the event of a dispute, the Customer must first contact the Company's customer service. If the issue is not resolved, the Customer has the right, under French law, to resort free of charge to a consumer mediator for the amicable resolution of the dispute. The Customer may also utilize the European Online Dispute Resolution (ODR) platform provided by the European Commission. 

11.3 Jurisdiction: Any dispute that cannot be resolved amicably shall be submitted to the competent courts. The Customer may bring proceedings either before the courts of France or in the EU Member State where the Customer is domiciled.