Terms & Conditions


• Identification
Company name   The Different Company
Manager last name   GABRIEL
Manager first name   Luc
Head office   37/41 rue Louise Weiss
Zip code   75013
City   PARIS
Country   FRANCE
Offices / sales premises   Boutique The Different Company 10 rue Ferdinand Duval 75004 PARIS
Phone   +33 (0)9 81 72 83 95
Fax   +33 (0)1 47 83 65 88
E-mail   info@thedc.fr
Web site   www.thedifferentcompany.com
Hébergeur du site   Doyousoft
17 Place Pierre Sémard
34500 Béziers
0467364153
Directeur de publication   Luc GABRIEL
TERMS AND CONDITIONS

These General Terms and Conditions of Sale are THE DIFFERENT COMPANY'S, a Société à Responsabilité Limitée with a capital of 578 100€ (euros), whose registered office is located at 37 Rue Louise Weiss 75013 PARIS, France registered in the Paris Trade and Companies Register under the number B423541697, Intra-Community VAT FR84 423541697.

The head office of THE DIFFERENT COMPANY is at 37-39 rue Louise Weis, 75013 Paris, France. Phone: +33 981 72 83 40 Email: info@thedc.fr

These General Terms and Conditions apply to the sales accomplished by individuals (hereinafter, the "Customer") via the website www.thedifferentcompany.com or its derivative addresses (hereinafter, the "Site").

THE DIFFERENT COMPANY sells to individuals browsing the Site fragrances, skin care products and candles (hereinafter referred to as the "Products").

For the application of this agreement, it is agreed that the Customer and THE DIFFERENT COMPANY will jointly be referred to as the "Parties" and individually as a "Party."

It is specified that the Products are meant exclusively for the Customer's personal use.

These conditions do not intend to and may not result in Customers from the European Union being deprived of the compulsory legal requirements specified by the laws of their own countries. If any of the provisions of these conditions should prove to infringe on a compulsory point of law from which the Customer benefits under his/her national legislation, such provision will not apply to that Customer, though all the other provisions will remain in force.

Any special condition that is stated, e.g., in documents issued by the Customer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from THE DIFFERENT COMPANY.

The Customer must also unreservedly agree to the conditions of use of the Site if s/he wishes to view it.


ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale define the procedures by which THE DIFFERENT COMPANY will sell Products to the Customer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.

They define all the stages required for placing the order and they monitor this order between the Parties.

THE DIFFERENT COMPANY may update these Terms and Conditions at any time without notice accessible at any time by the Customer. These Terms and Conditions govern without restriction the sales of Product produced on the THE DIFFERENT COMPANY online store.
 
By placing an order for a Product on the Site, the Customer acknowledges that s/he has read these General Terms and Conditions of Sale and accepted them unreservedly. These Terms and Conditions may be subject to further changes, the applicable version to the purchase of the Customer is the current one on the site at the time of placing the order. No signature will be required from the Customer for this acknowledgement to be valid. It is specified that the Customer may save or print these General Terms and Conditions of Sale, as long as s/he does not amend them.


ARTICLE 2: PRODUCTS

2.1. Description of Products

THE DIFFERENT COMPANY presents on the Site the Products for sale and their detailed descriptions, in Product descriptions.

2.2. Availability

THE DIFFERENT COMPANY reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that THE DIFFERENT COMPANY has already accepted prior to implementing such amendments.

On each product page, the period of availability so as to send the order is informed. However, if a Product is out of stock on an unpredictable way delaying the sending of the order, an informative e-mail will be sent to the Customer.

2.3. Prices

2.3.1. All product prices are shown either in EUR including VAT or USD excluding VAT depending on the country of delivery selected to enter the site. The applicable prices are those that are shown on the Site at the time at which the Customer places his/her order, unless a printing error occurs. The product prices exclude shipping costs, and any costs or duties associated with shipping, which are invoiced additionally in the check out total. Custom duties are not included in product price or check out total and may be required to be paid upon delivery based on local requirements.

2.3.2. THE DIFFERENT COMPANY reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that THE DIFFERENT COMPANY accepted prior to the implementation of these changes, subject to the availability of the Products ordered. Product offers are valid as long as they are visible on the website, within the limit of available stocks.


ARTICLE 3: ORDERING

3.1. The Ordering Process

By browsing the Site, the Customer can find out about the Products offered for sale on the day s/he views the Site. The Customer is not committed in any way to make an order by browsing the Site. The Choice and purchase a Product is placed under the sole responsibility of the Customer.

While browsing the Site, the Customer who wishes to make an order may do so just by clicking on the "Add to Cart" icon that is located next to each Product viewed. By default, the stated quantity is 1. If the desired quantity ordered is upper than 1 unit, the Customer can manually change the quantity

The Customer can view this order by clicking on "My basket" and may at any time add to it, amend it, or cancel it until it is validated. On the same page, the Customer can get to know of estimate shipping costs.

Once the selection of the Products has been completed, the Customer will be able to order them by clicking on "Order". Then a new web page will open, inviting the Customer to register or create a personal account. The Customer has to provide his/her address details by accurately filling in the form provided. Then the Customer will choose the desired delivery mode.

The Consumer shall verify all information relating to this order before going ahead. By clicking on the "Confirm Order" button during the order process, the Customer must first learn about  these General Terms and Conditions of Sale, and fully and unreservedly agree to the General Terms and Conditions of Sale. Once these General Terms and Conditions of Sale have been agreed to, and the order has been confirmed, an Internet page from Société Générale bank devoted to secured payment online will open up.

The data recorded by THE DIFFERENT COMPANY are proof of all the transactions placed between THE DIFFERENT COMPANY and the Customer.

3.2. Order Confirmation


3.2.1. Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 hereafter (in the case of a bank card payment, the supplying of the bank card number, its expiry date and, if relevant, the security code), a printable and savable summary of the Customer's order will be displayed and will show the order's references.

Shortly after the payment, the Customer will receive an order confirmation by email with all the details of this order placed on www.thedifferentcompany.com

3.2.2. THE DIFFERENT COMPANY retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.

3.2.3. In order to protect itself against credit card fraud, THE DIFFERENT COMPANY reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity card / passport and/or credit cards ...) in order to verify the legitimacy of a suspicious credit card order.

Unless a reply to THE DIFFERENT COMPANY's request for additional information is received within fifteen (15) days of the date on which the request was sent, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.

3.3. Proof of the order

In general, THE DIFFERENT COMPANY and the Customer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site, especially as concerns the type and date of the order.

In accordance with the rules of the regular codified law, the Customer is entitled to access the electronic contract entered into between the Customer and THE DIFFERENT COMPANY. To do so, s/he should send an e-mail to info@thedc.fr, including all the information required to do so, particularly the order number and his/her contact details.


ARTICLE 4: PAYMENT


4.1. Payment must be made via the Internet at the time of the order in Euro or USD by bank or credit card VISA, MasterCard, or associated cards, by bank transfer or Paypal. It does not include duties and taxes that are to be paid for by the Client upon reception of the products ordered. Payment by credit card must be authenticated by a 3D Secure code.

Orders are processed upon receipt of the full payment by the Consumer. If the order was paid by credit card or Paypal, the order will be confirmed on the next business day. If the order was paid by bank transfer, the validation period of the order can vary from several days.

4.2. THE DIFFERENT COMPANY reserves the right to refuse any order or any delivery if a dispute exists with the Customer, of if a previous order by the Customer had not been paid or had only partially been paid, or if the banking authorities refuse to authorize the payment or if the order had not been paid or had only partially been paid.

4.3. The Customer guarantees to THE DIFFERENT COMPANY that s/he has the authorizations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled.

4.4. THE DIFFERENT COMPANY uses an online payment processing platform called Sogenactif, supplied to it by the payment service provider Société Générale.


ARTICLE 5: DELIVERY

5.1. Delivery Methods

The products ordered by the Customer will be sent to the mailing address provided by the Customer when s/he placed his/her order, via the Postal services or shippers.

The Customer will be able to follow the progress of his/her delivery on the Site, by clicking on the "Customer Service" icon (at the bottom of the screen) then "Your Account" and entering his/her e-mail address and password provided at order time.

If the Products are delivered by a shipper, if the Customer is not at home, the shipper will leave a non-delivery notice in the Customer's letter box. The Customer is then required to take contact with the shipper to arrange a new delivery date. However, we emphasize that if the Customer does not contact the shipper, the shipper will make two new attempts to deliver at times and on dates determined at its own discretion.

Since delivery is handled by a third-party service provider, THE DIFFERENT COMPANY informs the Customer that THE DIFFERENT COMPANY cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Customer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.

5.2. Time frames

Products purchased are shipped by shippers that undertake to deliver the packages within the following average time-frames:
International: 2 to 10 business days from dispatch
France: 2 business days from dispatch

Saturdays, Sundays and public holidays in France are not considered to be business days.

In any case, the order will be performed within a maximum of thirty (30) days as of the date following that on which the Customer sent his/her order, subject to full payment of the price.

5.3. Delay in delivery

If the maximum delivery period of thirty (30) days is exceeded and if the Product(s) ordered have not yet been dispatched, the Customer is entitled to exercise his/her right to cancel the order by registered letter with return receipt requested sent to the following address: THE DIFFERENT COMPANY Internet Customer Service, 37-39 rue Louise Weiss, 75013 Paris, France or by email at info@thedc.fr

From the reception of the letter of the Customer and if delivery is not made between time, THE DIFFERENT COMPANY reimburse the debited bank account at order time, as soon as possible, and no other compensation will be paid beyond the total amount of the placed order.

In the case of a partial delivery, the delivery may be made in several stages, and this right will concern only the undelivered balance of the order.

The Customer should notify THE DIFFERENT COMPANY of any delay in delivery as soon as possible by e-mail to info@thedc.fr, so that THE DIFFERENT COMPANY can start investigations with the shipper. We are bound to inform the Customer that the time to complete an investigation is variable, since THE DIFFERENT COMPANY has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated by the Customer while ordering.

Nonetheless, if at the conclusion of this investigation, it is confirmed that the package containing the Product(s) has been lost, THE DIFFERENT COMPANY, at its own cost and expense, will re-send the Product(s) to the Customer or, if the Product(s) is (are) permanently out of stock, will reimburse the Customer, to the bank account that was debited at order time, the amounts deducted, according to the procedures of these General Terms and Conditions of Sale.

5.4. Receipt

Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Customer by the shipper, as shown by the control system used by the shipper.

It is the Customer's responsibility to check immediately at the time of receipt of the Product(s) that the Product(s) sent is (are) in good condition and compliant with the order.

If the event of delay, breakage or missing items, the Customer should note down complete and accurate reservations on the delivery slip. In any case, the Customer is entitled to make a claim only against the shipper to which s/he should formulate his/her reservations. In accordance with any reservation must be confirmed by registered letter to the shipper within three (3) days of receipt.

All reservations of this type must also be provided to THE DIFFERENT COMPANY's Customer Service Department within the same time-frame and in the same form, at the following address: THE DIFFERENT COMPANY Internet Customer Service, 37-39 rue Louise Weiss, 75013 Paris, France or by email at info@thedc.fr . The Customer should attach a copy of the complaint sent to the shipper.

Any complaint made after this time-frame or not in line with the required form will be rejected and THE DIFFERENT COMPANY will be freed of all liability.


ARTICLE 6: RIGHT OF WITHDRAWAL

According to the law, the Customer has a cooling-off period of fourteen (14) days from the receipt of the Product(s). In the case of an order including several products delivered in several installments, the period of fourteen (14) days will run from the receipt of the last ordered product.

In this case, the Customer shall address his/her application via the return form (link attached to the email confirmation of the placed order) by email at info@thedc.fr and must return the complete Product(s) in perfect condition and in its original packaging accompanied with a copy of the return slip to the following address:
THE DIFFERENT COMPANY Consumer Internet Service
37-39 rue Louise Weiss
75013 PARIS
France

The right of withdrawal may not be exercised regarding personal care products (i.e. Soft & melting shower gel, Exquisite body cream and soap).

The expenses of return are with the load of Customer, subject to error from THE DIFFERENT COMPANY. In the latter case, THE DIFFERENT COMPANY will send a return label to the Customer or refund the costs of return.

If the Customer retracts on his/her entire order, THE DIFFERENT COMPANY will refund the total paid amount, including the shipping costs. THE DIFFERENT COMPANY is not required to pay additional shipping costs if the Customer has chosen an express delivery method, more expensive than the standard delivery method.

THE DIFFERENT COMPANY will reimburse the Customer using the same method of original payment, within a maximum period of fourteen (14) days from the date of request for retraction, once the Product(s) received at THE DIFFERENT COMPANY subject to the above conditions.

In case of returned Product(s) beyond that period, the Customer will not be reimbursed. The Product(s) will be returned at the expenses of the Customer.


ARTICLE 7: RIGHT TO CONFORMITY AND GUARANTEE

The Products are subjected to the conditions and guarantee provided by French law.

In its capacity as a professional merchant, THE DIFFERENT COMPANY guarantees that the Products are in conformity with the use expected of them, and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use.

For any non-compliant Product, the Consumer shall contact the Customer Service Department at the following address: THE DIFFERENT COMPANY Internet Customer Service, 37-39 rue Louise Weiss, 75013 Paris, France or by email at info@thedc.fr

The Customer Service Department will then tell the Consumer what steps to take.

The Product(s) must without fail be returned in their original packaging with the return form completed within a maximum period of fourteen (14) days from the receipt of the Product(s).
The initial shipping costs will be reimbursed by THE DIFFERENT COMPANY.

THE DIFFERENT COMPANY does not accept packages that are sent C.O.D.

The Consumer remains responsible for any risk associated with the return of the Product(s).

On receipt of the allegedly non-compliant Product(s), THE DIFFERENT COMPANY will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, THE DIFFERENT COMPANY will then reimburse the Customer (including the initial shipping costs), to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of fourteen (14) days from the date of request for retraction, once the Product(s) received at THE DIFFERENT COMPANY subject to the above conditions.


ARTICLE 8: LIABILITY

THE DIFFERENT COMPANY may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service breakdowns, an exterior intrusion or the presence of a computer virus.

Without restricting the scope of the foregoing provisions, THE DIFFERENT COMPANY's liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved.

THE DIFFERENT COMPANY is not liable for breaches of its obligations, as defined herein, that arise out of a case of force majeure.


ARTICLE 9: LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS

9.1. Privacy Considerations

Customers are required to provide the personal information collected in the context of distance selling, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by THE DIFFERENT COMPANY or its sub-contractors, which are subject to the same obligations, only for processing orders received. If all the information is not entered, the order will be rejected automatically.

In accordance with the French law on the protection of personal data, law no. 78-17 dated 6 January 1978, the Customer has a right to access, amend, rectify and delete personal data collected by THE DIFFERENT COMPANY that concern him/her. To exercise this right, the Customer has the choice of sending an e-mail to the Customer Services Department of THE DIFFERENT COMPANY at the following address: info@thedc.fr, or sending a letter by post to the following address:  THE DIFFERENT COMPANY Internet Customer Service, 37-39 rue Louise Weiss, 75013 Paris, France.

THE DIFFERENT COMPANY undertakes not to resell the Customer's contact details to third-party companies without prior consent.

The Customer may receive informational e-mails from THE DIFFERENT COMPANY concerning THE DIFFERENT COMPANY's products and activities. The Customer is entitled to refuse to receive such communication either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by e-mail to the following address: info@thedc.fr, or by post to the following address:  THE DIFFERENT COMPANY Internet Customer Service, 37-39 rue Louise Weiss, 75013 Paris, France

9.2. Force Majeure

No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes "force majeure," such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event.

The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event.

If the "force majeure" event lasts for longer than one (1) month, THE DIFFERENT COMPANY shall be allowed to not honor the order, though THE DIFFERENT COMPANY is obliged to reimburse the Customer, in the case s/he has paid,, the amounts paid by the Customer for the order concerned.

9.3. Partial Non Validation

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.

9.4. Amendments to the General Terms and Conditions of Sale

THE DIFFERENT COMPANY reserves the right to amend these General Terms and Conditions of Sale at any time. Any new version of them will be announced in advance on the Site.

The version on-line on the Site will, if there is any contest, take precedence over any other versions of these General Terms and Conditions of Sale.

9.5. Entire agreement

These General Terms and Conditions of Sale and the order summary sent to the Customer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.

9.7. Cookies

THE DIFFERENT COMPANY may place a cookie on the Customer's computer during browsing on the Site. This cookie enables THE DIFFERENT COMPANY to record information about the browsing of the Customer's computer on the Site (pages viewed, date and time of viewing, etc.) and also has the goal of providing an ease of use and a browsing comfort, especially through the personalization of some pages. The Customer may decline the recording of cookies by configuring his/her browser to reject cookies.

9.8. Applicable laws – Disputes

The law that applies to these General Terms and Conditions of Sale is French law.

Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of Paris or the courts appointed by the common law provisions.


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