LEGAL TERMS
1. Definitions
– “Client" refers to the Professional or Consumer who has placed an order for a product sold on the Website www.maisonthishan.com maisonthishan.com
– “Order” refers to any order placed by the User on this present website.
– “Consumer” refers to the individual buyer who does not act for professional purposes and/or outside of their professional activity.
– “Professional” refers to the buyer, whether an individual or legal entity, acting within the scope of their professional activity.
– “Products” refers to tangible items that may be subject to ownership and are offered for sale on this present Website.
– “Website” refers to the present Website, namely maisonthishan.com
–“Company” refers to the Company Maison Thishan Les Parfums, under the abbreviation MTLP, as more fully defined in Article II of these Terms.
– “User” refers to any person who uses the Website.
II. Our Identity
The present Website maisonthishan.com is the sole property of the Publisher.
The Publisher is the company Maison Thishan Les Parfums (MTLP), a simplified joint-stock company (SASU) with a capital of 9,800 Euros, registered with the Paris Trade and Companies Register under the SIRET number 949687826 00014, with its registered office located at 229 Rue Saint-Honoré, 75001 Paris. Intra-community VAT: FR5494968726.
Trade name : THISHAN TO THE BEAUTY OF LIFE.
Contact details : relationclientele@maisonthishan.com
The website is hosted by HOSTINGER International Ltd., headquartered at 61 Rue Lordou Vironos, 6023 – Contact: https://www.hostinger.fr/contact.
The company sells the following products to its Clients via its website: Perfumes & E-Gift Cards.
Publication Director: Thishan Selvaratnam.
(B) TERMS AND CONDITIONS OF USE
1: Preamble
The company appreciates you taking the time to read and understand the Terms and Conditions of Use (hereinafter referred to as 'TCU') of our website“https://maisonthishan.com/”.
The navigation on our Website implies acceptance of the present Terms and Conditions of Use (TCU) of our company Maison Thishan Les Parfums.
For more details about our company, please refer to the "Legal Notice" section.
Access to our Website implies the full and unconditional acceptance of the Terms and Conditions (T&Cs), which apply from the start of consultation and continue through its use and potentially the purchase of products via the Website. If the User does not accept the terms of the T&Cs, they should immediately cease using our Website.
In case of modification or specific contractual conditions, the User will be informed of the applicable terms at the time of their order.
2: Content of our Website
At this moment, our Website offers the following services:
- An online shop with e-gift cards and products marketed as beauty products (Perfumes) by the House of Thishan Les Parfums.
- Nom commercial: THISHAN - Slogan: A la beauté de la vie
- La souscription à la newsletter
- La création d'un compte client personnel
- The history, values and commitments of THISHAN.
The Company reserves the right to update its product and service catalog and will inform its Users accordingly.
3: Access to our Website
3.1. Access
The content of the Website presented above is accessible free of charge and freely by the User, regardless of their location. However, the User will bear the cost of connection and use of telecommunications services through their personal subscriptions with telecommunications providers.
Furthermore, the User agrees to have the necessary skills and resources to access and use the Website. The User acknowledges, in particular, having ensured that the hardware they use to connect to the Website (computer, tablet, smartphone, etc.) is free from any viruses and fully operational.
The Website is available 24 hours a day, 7 days a week, except in cases of force majeure or other circumstances beyond the control of Maison Thishan Les Parfums, such as technical issues.
For maintenance purposes, Maison Thishan Les Parfums reserves the right to temporarily interrupt access to the Website and will make efforts to notify its Users. The User is also aware that Maison Thishan Les Parfums may interrupt the Site or any part of the Website without prior notice and without justification at any time. During the interruption, Maison Thishan Les Parfums will not be held responsible for any consequences and will reject any form of compensation claims or legal action against it.
3.2. Responsibility
Although Maison Thishan Les Parfums takes great care and attention in publishing and updating the information, it cannot guarantee its perfect reliability. Despite regular updates, the Publisher cannot guarantee the accuracy, precision, and completeness of the information published, which are purely indicative and non-contractual. As a result, Maison Thishan Les Parfums will not be held responsible for any direct or indirect damage resulting from the use of the information made available on the Website. The Publisher encourages Users to report any errors via the contact form available on the Website.
Maison Thishan Les Parfums disclaims:
- Any liability related to damage to the User's computer equipment resulting from the use or access to this Website.
- Any liability related to malfunctions of the User's computer equipment.
- Any liability in case of force majeure or an unforeseeable, insurmountable event caused by a third party.
3.3. Requirements
The User agrees to use the Website without attempting to harm it, in strict compliance with these Terms of Use.
4: Hyperlinks
4.1. Incoming hyperlinks: Maison Thishan Les Parfums authorizes the creation of hyperlinks to its content upon request via email at relationclientele@maisonthishan.com and after written approval from Maison Thishan. However, links to highly sensitive content such as controversial, political, xenophobic, racist, pornographic, or illegal information are strictly prohibited.
4.2. Outgoing Hyperlinks: Maison Thishan Les Parfums is not responsible for the content of external websites linked from this Website. These links are provided solely for informational purposes and do not imply any endorsement or affiliation with the linked sites. The User acknowledges and agrees that Maison Thishan Les Parfums cannot be held responsible for any damage or loss arising from the use of these external sites.
5: Intellectual Property
The content, structure, and presentation of the Website, including texts, photographs, logos, and graphics, are protected by the intellectual property rights of Maison Thishan Les Parfums. Any unauthorized reproduction, imitation, or use of this Website, in whole or in part, constitutes a contractual violation and may lead to legal action under French law and international treaties related to the protection of intellectual property. To request permission to reproduce or use the content of the Website, users must send an email to relationclientele@maisonthishan.com and await a positive response.
6: Collection and processing of personal data
In order to optimize your customer experience and improve our services, this Website collects various personal information through the acceptance of cookies – all or those strictly necessary – according to your selection; as well as through the creation of a customer account and via the contact form if you wish to reach Maison Thishan Les Parfums. For more information on how we protect your privacy, please refer to our Privacy Protection Policy.
Under Law No. 78-17 of January 6, relating to information technology, files, and freedoms, in order to guarantee the confidentiality of your data, you have all rights regarding the personal data collected: correction of data, deletion of data, or refusal of data usage. We invite you to use either the contact form or log into your customer account to exercise this right.
Maison Thishan Les Parfums makes every effort to ensure the best security for personal data in order to prevent any disclosure, alteration, or deterioration by unauthorized persons. However, the User fully acknowledges that the Internet is not a secure network. The flow of personal data may be exposed to vulnerabilities and constraints of the Internet network, and therefore it is impossible to guarantee absolute and total security of the data transmitted over the Internet.
Thus, Maison Thishan Les Parfums cannot be held responsible for incidents that may occur due to a case of force majeure or actions by a third party presenting the characteristics of an external cause.
Users are therefore advised to handle their personal information with great care and to take all appropriate measures to protect their data and/or software, particularly from potential viruses circulating on the Internet or from third-party intrusions into their device’s system.
7: User Publication
This Website offers the possibility to share feedback on the performance of products available on the Website after purchase, through customer reviews, available on the product pages of the Website.
Maison Thishan Les Parfums reserves the right to moderate publications before they are published, may refuse their publication, and can delete any publication at any time, without justification and without prior notice.
The Clients retain all their intellectual property rights. However, it is reminded that by publishing on the present Website, Maison Thishan Les Parfums is granted a non-exclusive and free right to represent, reproduce, modify, adapt, distribute, and broadcast their publication on any type of support related to Maison Thishan Les Parfums and for the entire duration of intellectual property rights. This can be done directly or through an authorized third party. This also includes the right to use the publication on the internet and mobile phone networks.
By publishing on the present Website, the User agrees to adhere to the rules of Netiquette and acknowledges being responsible for any content posted. Furthermore, the User agrees not to publish sensitive content, such as controversial, political, xenophobic, racist, pornographic, or illegal content. Any legal proceedings initiated by a third party against the Website must be borne by the User.
8: Modification of the Terms and Conditions
Maison Thishan Les Parfums may modify the Terms and Conditions (TCU) without prior notice. The updated version will be immediately displayed on the Website and will apply to all Users from the moment of its publication.
16: Legal Guarantees
9.1. Archiving, Retention, Proof.
The information stored in Maison Thishan Les Parfums' systems, in compliance with security rules, serves as evidence between the User and Maison Thishan Les Parfums. In case of discrepancies between the User's records and those of Maison Thishan Les Parfums, the latter will prevail.
9.2. Governing Law – Competent Court.
These terms and conditions are governed by French law. If a dispute arises from their interpretation or execution, and the User is a merchant, the courts of Paris shall have exclusive jurisdiction, regardless of the number of defendants or third-party claims, including interim proceedings. This provision does not apply to disputes with non-merchants, for which the applicable legal rules on jurisdiction will apply.
(C) TERMS & CONDITIONS
1: Scope and Acceptance of the General Terms and Conditions of Sale ("T&C")
The purchase of products on the "maisonthishan.com" Website is subject to the general terms and conditions of sale.
These terms and conditions define the procedures for online sales to Clients through this Website. They outline the rights and obligations of both parties during the sales process, including the steps required to place an order, track the shipment, and return an order.
By placing an order for a product on the Website, the Client acknowledges that they have read and accepted without reservation the Terms and Conditions of Sale and the Privacy Policy available on the Website before confirming their order. This acceptance does not require the Client's handwritten signature.
MTLP reserves the right to revise its Terms and Conditions of Sale (T&C) at any time.
2: Products
2.1. Commercialization of Products:
MTLP sells the products and e-gift cards shown on this Website, subject to availability. The Company reserves the right to modify its product catalogue at any time.
Before placing any order, the Client agrees to have reviewed the properties of the products.
2.2. Out of Stock of Products:
MTLP disclaims any responsibility for orders not accepted by the Company.
In case of product out of stock, MTLP will inform the Customer(s) by email as soon as possible, offer an alternative, or provide the new availability date for the products if the information is known at that time by MTLP.
2.3. Product Availability:
Errors or changes may occur in exceptional cases where multiple clients order the same product simultaneously.
2.3. Accuracy of the Products:
Despite technical limitations, we strive to present the products as accurately as possible. Maison Thishan Les Parfums disclaims any responsibility for differences due to the clients' hardware and will not be held liable for inaccuracies in the photographs on this Website.
2.4. Responsibility
The Client agrees to acknowledge that any purchase made on this Website is their own responsibility. MTLP cannot guarantee the perfect suitability of the product to the Client's specific needs.
3: Price
The products sold by Maison Thishan Les Parfums through its Website are listed in Euros (€) but may also be paid for in other currencies such as British Pounds (£) for the United Kingdom. The prices displayed include VAT and delivery fees (which are free of charge) at the time of the order.
The Client will be charged the price indicated at the time of payment and on the order confirmation email sent by MTLP.
MTLP reserves the right to modify its prices at any time. However, these changes will not affect orders that MTLP has already accepted before the changes take effect, subject to the availability of the ordered Products.
4: Payment Terms
According to the platform used, whether it's a computer, tablet, or mobile:
By credit card: Visa, CB, Mastercard, American Express
By payment application – Express payment: PayPal, PayPal x 4 (depending on territories), Apple Pay, Google Pay
On the Website, the Client provides their card number, expiration date, the cardholder's name, and the visual cryptogram (the last three or four digits printed on the back of the credit card).
Payment is made on the secure MTLP Website (using SSL technology) in partnership with Stripe. This means that no banking information related to the Client passes through the Website. The payment is therefore fully secured by our partner Stripe, who handles the financial transactions.
On mobile, the Client will validate their order using facial recognition or their personal code to complete the transaction.
In case of bank refusal, the order will be automatically canceled, and the Client will be notified via email or through the Customer Care Department.
5: Retention of Title
The reserved Products remain the property of MTLP until the full payment has been received. However, from the date of delivery to the address provided during the order, the Client assumes the risks (including loss, theft, and damage) of the delivered Products.
6: Order Terms
To place an order on the Website, the Client must be of legal age and have legal capacity.
Any order placed on this Website directly implies acceptance of the General Terms and Conditions of Sale (CGV) by the Client, for an indefinite period. The acceptance of the CGV does not require a handwritten signature.
The products ordered are strictly for personal use. To protect the brand image of MTLP, the Client acknowledges that they will not be able to order more than four (4) units of the same product reference per order.
In any case, the Client declares that they are acting as a consumer and excludes any intention of directly or indirectly reselling one or more Products for commercial purposes.
7. Order Procedures
1. Client Account Login: Choice to log in to your account if it exists or Create an account
2. Selection by Client: Select their product from the online product catalogue
3. Checking the basket by the Client: Check the contents of your basket and the accuracy of the products (product, quantity, total order price)
4. Confirmation of the contents of the order by the Client: Validate the contents of your order
5. Communicate and verify the delivery address and billing address (same or different)
6. Confirmation of the order by the Client: Choose and validate the Chronopost delivery method (home or relay point) and payment method.
7. By placing an order, the Client directly and immediately confirms their acceptance of these GTC.
Once this stage has been completed, the Client may no longer modify/cancel his/her order.
8. Order acceptance confirmation: the Client receives an e-mail summarising the contents of their order with:
- Date de commande
- Numéro de commande
- Liste des produits commandés et leurs montants
- Adresse de livraison et adresse de facturation
- Mode de livraison choisi
- Mode de paiement choisi
- Destination : Adresse domicile renseignée ou point relais
9.Order tracking:When a Client's order is confirmed, our carrier partner CHRONOPOST provides them with a tracking number. The Client can use this number to track their parcel on the carrier's website, chronopost.com. In addition, using the tracking link provided by Chronopost, the Client will be able to follow updates on the progress of their order, from processing to dispatch.
8. Terms and conditions of use of e-gift cards:
1. Purpose of e-gift cards
E-gift cards are offered for sale by Maison Thishan Les Parfums for use exclusively on our website www.maisonthishan.com. They allow the cardholder to make purchases up to the amount credited to the card and are reusable until the balance is used up or the card expires.
2. Purchase and use
E-gift cards are available in various denominations and can be purchased directly from our online shop: www.maisonthishan.com. Each e-gift card has a unique code which must be entered at the time of payment in the "Add a promotional code" box. They can be reused several times, up to the amount credited, and for a period of validity of 365 days from the date of purchase. The balance of the e-gift card can be consulted at any time from the "My account" page, section Balance of my gift card. E-gift cards cannot be converted into cash and are non-refundable.
3. Validity and expiry
E-gift cards are valid for 365 days from the date of purchase. After this period, the card will be considered expired and its remaining balance can no longer be used.
4. Restrictions
E-gift cards cannot be used to purchase other e-gift cards. They are only valid for online purchases on maisonthishan.com. In case of loss or theft, Maison Thishan Les Parfums is not responsible and no reissue or refund will be made.
5. Return and refund policy
Purchases made with an e-gift card follow the same return and refund conditions as any other purchase on our Website. In the event of a return, the refund will be credited directly to the e-gift card used for the original purchase.
6. Limits of liability
Maison Thishan Les Parfums cannot be held responsible for any fraudulent use of an e-card. If you have any doubts about the security or use of your card, please contact our Customer Care Department immediately: relationclientele@maisonthishan.com.
7. Changes to the terms and conditions
Maison Thishan Les Parfums reserves the right to modify these terms of use at any time. The modifications will take effect as soon as they are published on our Website.
9. Terms of delivery
9.1 Territories
Maison Thishan Les Parfums is currently able to deliver to the following territories:
1. Europe: mainland France.
It is not possible to place an order on the Website for any territory outside Metropolitan France. For all orders from other territories, please contact the Customer Care Department: relationclientele@maisonthishan.com or via the form on the Contact page available on this Website.
Products ordered on the Internet Website will be delivered by CHRONOPOST, our logistics carrier, depending on the Client's choice of delivery: to the Client's home or to the Relay Point of the Client's choice (to be selected and confirmed) when the order is validated.
Orders are processed within 2 working days from MTLP's partner warehouses, while stocks last, with an average estimated delivery time of 2 to 3 working days. Pre-ordered products have a specific estimated delivery time indicated on the product pages. Delivery is free and against signature.
Once the Client signs the delivery receipt, the verification is considered as completed.
9.2. Defects in delivery
MTLP reminds the Client that before signing the delivery receipt, the Client must ensure the conformity of the delivered Products, check their external condition, and verify the delivered contents. Any anomaly related to the delivery, such as damaged Products or discrepancies with the invoice, for example, must be noted in writing on the delivery receipt, along with the Client's signature.
MTLP reserves the right to request photographic evidence to justify any delivery anomalies.
Defect 1: Reporting of damaged order by the Client
To improve the quality of service provided and open an investigation with the shipping carrier, the Client must report any anomaly to MTLP within 3 business days from the date of receipt of the order via the "Contact Maison Thishan Les Parfums" form available on this Website. We recommend attaching all essential evidence (photographic proof, delivery receipt) to allow us to process your request as quickly as possible.
Defect 2: Reporting a Missing Product or Delivery Delay by the Client
An investigation will be conducted with the carrier. If the order is found, it will be redirected to the designated delivery address. If it is not found, the Client will be refunded within 14 days after the conclusion of the investigation. If the order is delayed for more than 30 days, the Client can report the issue to the Customer Care and terminate the contract under article L.216-6 of the Consumer Code. In this case, MTLP will refund the Client within 14 days from the contract termination.
Defect 3: Non-compliance of Delivered Products
If the Products delivered, ordered via the Website, do not comply with the Client's order or have hidden defects, the Client must inform MTLP as soon as possible by email at the following address: relationclientele@maisonthishan.com.
In general, MTLP is not responsible for actions, fees, taxes, and/or delays caused by customs services.
In general, MTLP will not be held responsible for the final quality of the delivery.
MTLP will not be held responsible for the following reasons:
– In case of incomplete address, incorrect address, or refusal of the package.
– In case of recipient's absence (the Client or a designated third party).
– In case of loss, theft, or damage to products.
We remind that the Client is subject to the delivery conditions of the carrier.
10: Right of withdrawal
In accordance with the provisions of Article L.221-18 and following of the Consumer Code, the Client has the right of withdrawal, which can be exercised without having to provide reasons, within a period of fourteen (14) days from the receipt of their order.
The Client should fill in the retraction form below, specifying the order date, the order number, the identification of the products, the Client's identity and address. The Client must inform MTLP by e-mail : relationclientele@maisonthishan.com with the subject "Withdrawal request - Order No.".
Withdrawal Form
(Form to be completed and sent in accordance with Article 9 of these General Terms and Conditions of Sale only if you wish to exercise your right of withdrawal)
To: MAISON THISHAN LES PARFUMS – Customer Care Department – 229 Rue Saint Honoré, 75001 Paris – relationclientele@maisonthishan.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods as detailed below:
Ordered on (*)/Received on (*) :
Order number :
Name(s) of Clients(s) :
Address of Clients(s) :
Reason:
Signature of Clients(s):
Date :
(*) Cross out or delete as appropriate.
11: Returns policy
The 1ML pre-opening trial: For each THISHAN Perfume ordered, the Client is offered a 1ML sample to try the perfume before opening it. This allows the Client to appreciate the Perfume before opening its packaging. In this way, the Client has the option of keeping it, offering it to a loved one or returning it.
The Client has (14) days from the date of receipt of the order to inform MTLP of his/her decision to withdraw..
The Client has a further fourteen (14) days - from the date of confirmation of the withdrawal by MTLP - to return the package undamaged. not detected by MTLP. Any parcel returned after the deadline will be refused and returned to the sender.
For all returns, the Client must contact MTLP's Customer Care Department and inform them of their decision to withdraw.
For MTLP's Customer Care to accept the exchange and/or refund, the Product must be returned complete in its original packaging, unopened, undamaged, unused, along with all accessories and a copy of the purchase invoice.
The same shipping box may be used as a return box. The Customer must ensure that the return shipment is properly secured to prevent theft. The return parcel must be delivered by the Client to a Chronopost relay point of his/her choice.
For MTLP's Customer Care to accept the exchange and/or refund, the Product must be returned complete in its original packaging, unopened, undamaged, unused, along with all accessories and a copy of the purchase invoice.
In the event of withdrawal, the Client will not bear the cost of returning the goods. MTLP will reimburse the full amount (including VAT) indicated on the purchase invoice for the order within a maximum period of seven (7) days, by bank transfer, in the Client's name to the account used at the time of purchase.
All returns must be made in a traceable manner. The Client is requested to contact MTLP with their intention to withdraw and return the order. Upon receipt of your request, our logistics carrier, CHRONOPOST, will provide you via email with a return tracking number and a return label.
Return procedures
Step 1: The Client contacts via e-mail the Customer Care Department with their decision to withdraw and the completed withdrawal form.
Step 2: On receipt of the request, MTLP Operations sends the CHRONOPOST return slip.
Step 3: Delivery of the parcel (secured for dispatch) by the Client to a Chronopost relay point.
Step 4: On receipt of the return parcel, MTLP operations check the condition of the returned products.
Step 5: If all the return conditions are met, MTLP Operations will refund the order.
12: Limitation of liability
Despite all the efforts made to ensure the accuracy and care in presenting information, product descriptions, and data available on the Website, as well as regular updates, MTLP disclaims any responsibility for any potential non-substantial errors. While the photographs and other reproductions of the products accurately represent the items on the site, within technical limitations and adhering to the best market standards, it is possible that they may contain non-substantial errors, which the Client acknowledges and accepts. In the event of non-compliance of the delivered product with its description or hidden defects, the Client may exercise their right of withdrawal and/or return the product(s) according to the conditions set out in these general terms and conditions of sale.
13: Intellectual property
The Client fully acknowledges the intellectual property rights of MTLP and agrees not to infringe them in any way. Specifically, the client expressly agrees not to manufacture, sell, license, or market, directly or through a third party, for personal profit or the benefit of a third party, the products, imitations or reproductions of the products, or the intellectual property rights associated with the products owned by MTLP.
14: Personal data and cookies
The Website, in order to better meet the Client's needs and personalize the experience, uses cookies. The purpose of the cookie is to signal your visit to the Website. All provisions related to cookies are available in the Privacy Policy under the Cookies Management section.
15: Disputes
The regulation is subject to French law and may be amended at any time by Maison Thishan Les Parfums.
In the event of a dispute, only French courts will have jurisdiction. However, in accordance with EC Regulation 593/2008 of June 17, 2008, these general terms and conditions of sale do not prevent the application of a more favorable provision for the customer, which may not be waived by agreement, in accordance with the law of the country where the Client has their habitual residence
16: Legal Guarantees
The products sold by Maison Thishan Les Parfums are subject to the legal warranty conditions stipulated by articles L.217-4 to L.217-14 of the French Consumer Code, as well as articles 1641 to 1648 of the Civil Code, excluding any other warranties. Maison Thishan Les Parfums will reject any claims concerning products that have been used improperly.
Any claim regarding the products themselves and not related to delivery must be made via email to the following address: relationcliente@maisonthishan.com, followed by a written confirmation sent by registered letter with acknowledgment of receipt to the Customer Care at the following address: Maison Thishan Les Parfums – 229 rue Saint-Honoré, 75001 Paris.
Legal Warranty of Conformity:
MTLP will deliver to the Client a product that is in conformity with the contract and free from any defects upon delivery, meaning that the product will be suitable for the usual use expected of a similar good and will have the characteristics presented during the sale. MTLP is also responsible for any conformity defects resulting from the packaging, assembly instructions, or installation if these were the responsibility of MTLP under the contract or if they were carried out under its responsibility.
Legal Warranty Against Hidden Defects:
MTLP will deliver to the Client a product free from hidden defects that would render it unsuitable for its intended use, or that would so significantly reduce its use that the Client would not have purchased it, or would have paid a lower price, had they been aware of such defects.
These warranties will only apply provided the Customer makes the request within 24 months from the delivery of the Product (for the legal conformity warranty) or from the discovery of the defect (for the legal warranty against hidden defects).
The return, replacement, or refund of the Product will be made at no cost to the Client and will not preclude the allocation of possible damages if the Client is entitled to them.
Return Procedure:
In the event of a lack of conformity and/or hidden defects recognised by Maison Thishan Les Parfums, if it is decided to return the Product, the Client must send the order back to MTLP's partner warehouse. The Client must have previously obtained a return label from the Customer Care Department contacted via email: relationclientele@maisonthishan.com, which will be sent to the Client and affixed to the return parcel. No parcel will be accepted without a returns number.
