General Terms and Conditions of Sale applicable to orders placed by end consumers on the "France" version of Saad Al Hashemi's e-commerce site for delivery in mainland France (including Corsica) or Monaco.
Preliminary article
Saad Al Hashemi (hereinafter referred to as "Saad Al Hashemi") markets Saad Al Hashemi perfumery and cosmetics products.
Saad Al Hashemi has decided to set up its own online sales site alongside the network of sales outlets and Boutiques in which the Products are sold. Saad Al Hashemi sells the products on its website exclusively to end consumers. Saad Al Hashemi will not accept any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent will be considered null and void by Saad Al Hashemi.
The Products offered for sale by Saad Al Hashemi are those shown on the Site, on the day the Customer consults the Site, and within the limits of available stocks. Saad Al Hashemi reserves the right to withdraw Products from sale at any time.
Saad Al Hashemi takes great care in presenting the Products on the Site. Nevertheless, the photographs illustrating the Products are for information purposes only and are not contractually binding.
Indeed, while every effort is made to ensure that the colors of the Products, including the photos displayed on the Site, are faithful to the original products, variations (notably slight differences in color and proportion) may occur, notably due to the technical limitations of color rendering by computer equipment. In particular, when using the "Personalize" option, the presentation of Products including the personalization options selected by the Customer via the 3D module may differ slightly from what the final Product will be.
For any questions relating to the purchase of the Products and their use, or requests for advice, the Customer may contact the SAAD AL HASHEMI Customer Service Department:
- via the contact form provided on the site using the "Contact" button
Products are offered subject to availability. SAAD AL HASHEMI does not guarantee the availability of the Products presented on the Site. In the event of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by e-mail or telephone of the unavailability of the Product(s) and of the cancellation of his/her order.
In the event of total cancellation of the order due to unavailability, the Customer's order will be automatically cancelled and the Customer's bank account will not be debited.
In the event of partial cancellation of the order due to unavailability :
- the customer's order will be validated and his bank account will only be debited for the amount of the products actually shipped;
- the Customer will be delivered the available products.
Product prices are binding. They are indicated in euros and Qatari rials. The current price is the one indicated for each Product on the Site.
These prices include V.A.T. applicable on the day of the order, but do not include any delivery charges, which will be invoiced in addition and will be specified to the Customer at the time of final validation of the order.
The amount of shipping costs will be indicated before the order is validated by the Customer. The various shipping methods are set out below in the General Terms and Conditions of Sale and may be modified at any time by SAAD AL HASHEMI. However, such modifications will not affect orders validated by the Customer prior to the entry into force of such modifications.
The price invoiced to the Customer is the price indicated on the order confirmation, displayed on the Site at the time of the order confirmation and transmitted by e-mail by SAAD AL HASHEMI.
SAAD AL HASHEMI reserves the right, which the Customer accepts, to modify its prices at any time, without any further formality other than posting the modifications on the Site. However, these modifications will not affect orders validated by the Customer prior to the entry into force of these modifications, subject to the availability of the Products ordered.
The Products ordered remain the property of SAAD AL HASHEMI until full payment has been received by SAAD AL HASHEMI, including the principal value of the Products and any costs and taxes shown on the invoice.
The Customer may view the various Products offered for sale by SAAD AL HASHEMI on the Site. The Customer may browse freely through the various pages of the Site, without being bound by any order.
It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity. In this respect, the Customer's attention is particularly drawn to the fact that he may not order more than five (5) Products of the same reference per order.
In the event of an order exceeding the aforementioned number, the order may be considered null and void and will not be taken into account by SAAD AL HASHEMI.
To place an order on the Site, the Customer must be of legal age, have legal capacity and be the holder of a bank card or Gift Voucher.
To place an order, the Customer must complete the following steps:
Up to the "Finalize payment" stage, customers can modify their order by clicking on the back arrow at the top left of the screen, or by clicking on "Modify my basket" in the summary block on the right of the screen. Customers will be redirected to their shopping cart, where they can modify the contents of their order.
From the moment the Customer clicks on the "Payment" icon on the Cybersource payment service provider page, the Customer will no longer be able to cancel or modify the order.
If, at any time, the server is unavailable, SAAD AL HASHEMI will not be able to accept orders via the website and assumes no responsibility to the customer for its inability to place an order.
Following validation of payment by the Customer, a confirmation of acceptance of the order will be sent by e-mail to the Customer by SAAD AL HASHEMI. The order confirmation includes a summary of the products ordered, the price, the shipping costs and the order number. It contains the General Sales Conditions and an order summary.
The validation of payment by the Customer and the email confirming acceptance of the order by SAAD AL HASHEMI shall constitute proof of acceptance of said order and its final validation. These elements shall be deemed to constitute payment of the sums incurred by the seizure of the Products appearing on the order.
SAAD AL HASHEMI reserves the right to refuse any order in the event of
The Customer accepts that exchanges between the Parties may be made by electronic mail. The conservation on SAAD AL HASHEMI's computer systems of the order, of the confirmation of the acceptance of the order and of any exchange between the Parties will be considered as proof of the sales contract.
The computerized registers kept in the computer systems of SAAD AL HASHEMI and its partners will be considered as proof of communications, orders and payments between the Parties.
Invoices relating to orders are archived by SAAD AL HASHEMI for: (i) 5 years from the last delivery if the amount of the order is less than 120 euros, and (ii) 10 years from the last delivery if the amount of the order is greater than 120 euros. At any time, customers may access details of their past orders by requesting them via the contact form provided on the Site, using the "contact" button.
Unless the server is unavailable, the Customer will pay for his order after its final validation on the Site, by Gift Voucher by entering the references in the insert provided for this purpose, by Paypal, by ApplePay or by Credit Card (Carte Bleue, Visa, Mastercard and American Express only).
Payment by Paypal
When validating the order, if the Customer chooses the "Paypal" payment option, he is automatically redirected to the "Paypal" platform.
The Customer must then connect to his "Paypal" account using his contact details. If they do not have a PayPal account, they can create one at this time. After validating the order with "Paypal", the Customer will be redirected to Saadalhashemi.com's payment confirmation page.
Payment by credit card
When validating the order, if the Customer chooses the "Credit card" payment option, he/she will be asked to enter his/her card number, the card's expiry date, the cardholder's name and the visual cryptogram (the last three or four numbers written on the back of his/her bank card).
Payment is made via the secure server of CyberSource, a secure payment operator. This means that no banking information concerning the customer is transmitted via Saad Al Hashemi. Payment by credit card is therefore completely secure.
All orders are payable in euros, all taxes and compulsory contributions included.
The credit card is debited when the order is dispatched.
Payments by cheque are not accepted.
The customer guarantees Saad Al Hashemi that he/she has the necessary authorizations to use the method of payment chosen when validating the order. In the event of refusal by the bank, the order will be automatically cancelled.
Purchase invoices will be sent by e-mail to the e-mail address indicated by the Customer when placing an order on the Saad Al Hashemi website. Purchase invoices will be available in the "My Account" section of the Site for Customers who have identified themselves on the Site. Customers can click on "View" the order concerned and click on "View Invoice" to access their invoice.
Who is CyberSource?
As part of the fight against Internet fraud, order information is controlled by Saad Al Hashemi's designated payment partner: CyberSource Ltd. a company registered in the United Kingdom ("Cybersource"). CyberSource is a secure payment operator. CyberSource is responsible for the processing, storage and automated processing of payment information, including credit card details, in a secure environment.
Information relating to orders is subject to automated data processing, for which CyberSource is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat payment fraud, particularly credit card fraud.
CyberSource and Saad Al Hashemi are the recipients of the data relating to the customer's order. The non-transmission of data related to the customer's order prevents the completion and analysis of a transaction.
The occurrence of an unpaid order due to fraudulent use of a bank card or other means of payment will result in the registration of the details relating to the order associated with this unpaid order in a "payment incident" file set up by CyberSource. An irregular declaration or anomaly may also be subject to specific processing.
The Customer has the right to access, modify and delete his/her own personal data at any time by writing to Saad Al Hashemi, providing proof of identity, via the contact form available on the Site.
Products ordered by the Customer in accordance with these General Terms and Conditions of Sale will be delivered to the address in metropolitan France (including Corsica) or Monaco indicated by the Customer as the delivery address when placing the order. Deliveries for which the delivery address indicated on the Site is that of :
The delivery time and cost depend on the delivery method chosen by the Customer at the time of ordering. Delivery times may be longer for personalized products.
The delivery period begins as soon as the order confirmation e-mail is sent.
For all deliveries, products are delivered by Colissimo or Chronopost and the cost of delivery is calculated on a flat-rate basis as follows:
STANDARD (Colissimo) :
The order, whatever its amount, is shipped to the Customer free of charge as standard.
Maximum order delivery time is 10 working days. For Corsica, delivery times are extended by 1 to 2 days on average.
EXPRESS (Chronopost) (excluding Corsica)
- The cost of delivery is, at the time of writing, eleven (11) Euros including VAT.
- The maximum delivery time is three (3) working days.
If the order contains customized products, the above delivery times will be extended by an average of 3 to 5 days.
Each package contains a Delivery Note specifying the terms and conditions for returning the Products received.
The delivery time and cost depend on the delivery method chosen by the Customer at the time of ordering. Delivery times may be longer for personalized products.
The delivery period begins as soon as the order confirmation e-mail is sent.
For all deliveries, products are delivered by Colissimo or Chronopost and the cost of delivery is calculated on a flat-rate basis as follows:
STANDARD (Colissimo) :
The order, whatever its amount, is shipped to the Customer free of charge as standard.
Maximum order delivery time is 10 working days. For Corsica, delivery times are extended by 1 to 2 days on average.
EXPRESS (Chronopost) (excluding Corsica)
- The cost of delivery is, at the time of writing, eleven (11) Euros including VAT.
- The maximum delivery time is three (3) working days.
If the order contains customized products, the above delivery times will be extended by an average of 3 to 5 days.
Each package contains a Delivery Note specifying the terms and conditions for returning the Products received.
In accordance with the provisions of article L.221-18 of the French Consumer Code and European Directive n°2011/83/EU of October 25, 2011 on consumer rights, the Customer has a period of fourteen (14) days, from receipt of the Products ordered on the Site, to notify SAAD AL HASHEMI of his wish to exercise his right of withdrawal by means of an unambiguous statement including the reference and number of products returned, or via the contact form provided on the Site via the "contact" button. To declare his wish to exercise his right of withdrawal, the customer may use the withdrawal form sent in the parcel or made available to him at the end of these General Terms and Conditions of Sale.
Once this right has been exercised, the Customer has a further period of fourteen (14) days to return, at his or her own expense, the Product(s) ordered if they are not to his or her satisfaction.
However, in accordance with the provisions of article L.221-28 of the French Consumer Code and Article 16 of European Directive n°2011/83/EU of October 25, 2011 on consumer rights, this right of withdrawal cannot be exercised for Product(s) made to the Customer's specifications or having been customized, nor for Product(s) opened and/or unsealed and/or used after delivery and which cannot be returned because they have been consumed or for reasons of hygiene or health protection.
The Product(s) must be returned in its (their) original, unopened packaging, allowing it (them) to be remarketed in new condition, following the procedure described on the delivery note enclosed with the package. The return of Products must be accompanied by the returns form included in the package, duly completed or downloadable from the Site.
All packages must be returned to the following address:
RETURN SERVICE SAAD AL HASHEMI
Return shipping costs are at the Customer's expense, except in the case of non-conformity of the products delivered with respect to the Order (in this case, return shipping costs are at SAAD AL HASHEMI's expense). SAAD AL HASHEMI does not accept packages with postage due.
All risks related to the return of the Product(s) are the responsibility of the Customer. SAAD AL HASHEMI recommends that its Customers subscribe to a parcel tracking option in order to avoid any inconvenience in the event of loss or theft of the Products during return transport.
If the aforementioned conditions are met, SAAD AL HASHEMI will reimburse the Customer, by the same means of payment as the one initially used, all sums incurred in connection with the order of returned Products, with the exception of return costs, within a maximum period of fourteen (14) days from receipt of the return slip, or at the latest from the latest of the following dates: either the day on which SAAD AL HASHEMI receives the returned products, or the day on which the Customer provides proof of shipment of the goods for which he has exercised his right of withdrawal, whichever comes first. Furthermore, in the event that the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by SAAD AL HASHEMI, the costs will not be reimbursed and will remain the Customer's responsibility.
In the event of partial return of Products, only the price of the Products returned will be reimbursed by SAAD AL HASHEMI.
In the event of the return of Products which have been the subject of a global promotional offer including one or more gifts, the gifts granted by SAAD AL HASHEMI linked to the purchase of one or more Products must be returned to SAAD AL HASHEMI.
In the case of products purchased remotely from the Saadalhashemi.com website, the Customer may also return the Product directly to one of the Saad al hashemi Boutiques in Paris within two (2) months of the date of receipt of the parcel, provided with the return form.
Products must be returned in accordance with the conditions set out in article 11 of the General Terms and Conditions of Sale for online sales.
The Customer may, at his option, exchange his items, request a credit note or be reimbursed for all or part of his order.
SAAD AL HASHEMI is liable for defects in conformity of the goods with the contract under the conditions of article L. 217-1 et seq. of the French Consumer Code, and for hidden defects in the goods sold under the conditions of articles 1641 et seq. of the French Civil Code.
When acting on the basis of the legal warranty of conformity, the Customer :
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The legal warranty of conformity applies independently of any commercial warranty.
The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
In the event of non-conformity of a delivered Product, the Customer may return to SAAD AL HASHEMI the Product presenting the non-conformity, in its original condition, imperatively bearing the original labels and accompanied by the original packaging and delivery slip, by informing SAAD AL HASHEMI in advance via the contact form made available on the Site via the "contact" button.
Failing this, SAAD AL HASHEMI will neither repair nor reimburse the defective Product returned.
In the event that the return of the defective Product is well-founded, SAAD AL HASHEMI will repair or reimburse the defective Product and delivery costs, to the exclusion of any other compensation, within 30 days of the consumer's request. In the event of repair, the Customer benefits from a six-month extension of the initial warranty. If the Customer requests repair of the good, but SAAD AL HASHEMI imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
Under no circumstances can repairs or refunds be requested and/or made in store.
With the exception of the above, no exchange or repair of the Product is authorized.
Reminder of articles L.217-3, L.217-4, L.217-5 and L.217-12 of the French Consumer Code and articles 1641 and 1648, first paragraph of the French Civil Code:
He is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.
The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract."
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; [...].
2° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling."
The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
SAAD AL HASHEMI shall not be held liable for any use of the Products that does not comply with their intended purpose.
It is reminded that the Customer, prior to placing an order, declares that he/she has full legal capacity, enabling him/her to commit to the present General Terms and Conditions of Sale. SAAD AL HASHEMI cannot under any circumstances be required to verify the legal capacity of its Site visitors and Customers. Consequently, if a person who does not have legal capacity orders items on the Site, his or her legal guardians will assume full responsibility for this order and, in particular, will have to pay the price.
SAAD AL HASHEMI does not guarantee that the Site will be available continuously, without temporary interruption, suspension or error. In particular, SAAD AL HASHEMI cannot be held responsible for:
SAAD AL HASHEMI cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer's personal data due to mismanagement by the Customer (ii) the processing of personal data carried out by third-party companies mentioned in these GTCs, when acting as data processors, (iii) accidental transmission, viruses or other harmful elements, resulting from Internet access or e-mail transmissions.
Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, SAAD AL HASHEMI may only be held liable in the event of a proven fault attributable exclusively to it. In any event, liability shall be limited to direct damages only. SAAD AL HASHEMI reserves the right to suspend the operation of the Site.
For any information, complaint or question relating to the conditions of mail order sales set up by SAAD AL HASHEMI or to the items themselves, Customers should contact SAAD AL HASHEMI's Customer Service via the contact form made available on the Site via the "contact" button, quoting their order number.
It is specified that in the event of inappropriate behaviour by the Customer towards SAAD AL HASHEMI staff or members of the Customer Service Department (violent, defamatory, obscene, shocking, indecent, indelicate remarks, etc.), SAAD AL HASHEMI reserves the right to change the Customer's contact person, to report the Customer to the Customer Service Department, to no longer respond to the Customer by blocking his/her number and/or excluding him/her from its customer database and withdrawing the benefit of the loyalty program.
SAAD AL HASHEMI may not be held liable for the improper performance or total or partial non-performance of its obligations, if this is due either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or in the event of force majeure as defined in article 1218 of the French Civil Code. These events constitute a cause for suspension and/or extinction of SAAD AL HASHEMI's obligations to the Customer, without compensation to the Customer.
It is specified that in the event of inappropriate behaviour by the Customer towards SAAD AL HASHEMI staff or members of the Customer Service Department (violent, defamatory, obscene, shocking, indecent, indelicate remarks, etc.), SAAD AL HASHEMI reserves the right to change the Customer's contact person, to report this Customer to the Customer Service Department, to no longer reply to this Customer by blocking his/her number and/or excluding him/her from its customer database.
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of SAAD AL HASHEMI. All exploitation rights are exclusively reserved to SAAD AL HASHEMI. Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights, without the prior written consent of SAAD AL HASHEMI. SAAD AL HASHEMI trademarks and logos are registered trademarks. Any reproduction therefore constitutes an infringement.
The General Terms and Conditions of Sale, the order summary sent to the Customer and the order confirmation e-mail form a contractual whole and constitute the entire contractual relationship between the Parties. They are the only contractual documents binding on the Parties, to the exclusion of any other document or photograph of the Products, which are for information purposes only.
These General Terms and Conditions of Sale and the contractual relationship between SAAD AL HASHEMI and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Terms and Conditions of Sale shall, failing amicable settlement, be subject to the jurisdiction of the French courts.
In accordance with article L.611-1 et seq. of the French Consumer Code, the Customer is also informed of the possibility of having recourse, in the event of a dispute, to the consumer mediation procedure, the conditions of which are set out in Title I of Book VI of the French Consumer Code. SAAD AL HASHEMI's mediation service is the online mediation service of the CMAP (Centre de Médiation et d'Arbitrage de Paris) accessible at the following URL address: http://www.cmap.fr/ or at the following postal address: CMAP (Service Médiation de la Consommation) - 39 avenue Franklin D. Roosevelt - 75008 Paris. In order for a complaint to be accepted by CMAP, it must include: the Customer's postal address, e-mail address and telephone number, as well as Saad Al Hashemi's full name and address, a brief statement of the facts, and proof of any prior steps taken. A written request must be sent to Saad Al Hashemi's Customer Service before any request for mediation is made to the CMAP.
Foreign customers can also visit the website of the Commission d'évaluation et de contrôle de la médiation de la consommation at https://www.economie.gouv.fr/mediation-conso and the European platform for online settlement of consumer disputes at https://ec.europa.eu/consumers/.
The fact that one of the Parties does not claim from the other Party a breach of any of its obligations under these General Terms and Conditions of Sale shall not be construed as a waiver of the obligation in question for the future.
In accordance with the French Data Protection Act (Loi Informatique et Libertés) and European Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation, (RGPD), Customers have the right to access and rectify their personal data at any time, as well as the right to request its deletion, to object to its processing on legitimate grounds and to obtain its limitation or portability insofar as applicable. These rights may be exercised with the Data Protection Officer (DPO): via Customer Service. Proof of identity may be required in certain cases, for reasons of security and data protection.
For further information concerning the processing of personal data and the exercise of rights, we invite you to read SAAD AL HASHEMI's privacy policy, also accessible on this SITE.
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QATAR
Al Hazm Mall, Doha
FRANCE
65 rue La Boétie, 75008 Paris
BELGIUM
46 Rue de Laeken, 1000 Brussels
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