Terms and Conditions of Sale

1. DEFINITIONS

“Customer(s)”
refers to the Internet user(s) navigating on the Site and making an on-line purchase of Products for personal use.
“Terms and Conditions of Sale”
refers to these Terms and Conditions of Sale of the Products on the Site.
The I.N.C.C., International New Creative Concept, SAS (Société par Actions Simplifiées), licence holder for Perfumes under the Mercedes-Benz brand, a Simplified Joint Stock Company [SAS] with a capital of 8,000,000 Euro, registered with the Registre des Sociétés de Versailles under number 378 944 805, with headquarters located at 85 avenue de Saint Cloud, 78000, Versailles, France. Telephone: 01 39 67 06 71; contact@incc-group.com

“Party/Parties”
refers individually or collectively to the INCC SAS, acting on behalf of the Mercedes-Benz brand, and/or the Customer(s).
“Products”
refers to the perfume and cosmetic products for sale on the Site according to the conditions of Article 3 herein.
"Site"
refers to the e-commerce website for Mercedes-Benz Perfumes accessible via the Internet at the address http://www.parfums.mercedesbenz.com offering the Products for sale.

2. PURPOSE- SCOPE OF THE TERMS AND CONDITIONS OF SALE

The purpose of these Terms and Conditions of Sale is to define, exclusively for the relationships that they establish with Customers on the Internet and only on the Site, the on-line sale methods for the Products of INCC SAS, acting on behalf of the Mercedes-Benz brand, as well as the rights and obligations of the Parties originating from the on-line sales of the Products proposed on the Site.
They define all of the steps necessary for placing an order and ensuring the tracking of the order between the Parties.
By placing an order for a Product on the Site, the Customer acknowledges that they are familiar with the Terms and Conditions of Sale and have accepted these without restriction, this acceptance being in no way conditional upon the written provision of a signature by the Customer.
The Customer’s consultation of the Site is also governed by the legal notices on the Site, which they accept unconditionally and can be accessed at http://www.parfums.mercedesbenz.com and by the Personal Data Charter, which they accept unconditionally and which can be accessed at: http://www.parfums.mercedesbenz.com/legal-terms.html?page=privacy

In particular, the Customer may save or print these Terms and Conditions of Sale, on condition that they do not modify them.
INCC SAS, acting on behalf of the Mercedes-Benz brand, reserves the right, at any time, to update the Terms and Conditions of Sale.
The Terms and Conditions of Sale apply to any sale performed on-line through the Site to the exclusion of any other document, and particularly the conditions applicable to in store sales or sales through other distribution and marketing channels.

3. PRODUCTS

The Products proposed for sale by INCC SAS, acting on behalf of the Mercedes-Benz brand, are those present on the Site on the date that the Site was consulted by the Customer and are limited by the inventory available. INCC SAS, acting on behalf of the Mercedes-Benz brand, reserves the right, at any time, to remove Products from sale.

4. PRICE

The price of the Products is non-negotiable. They are quoted in Euro. The current price is that which is indicated on the Site, insofar as there is no typographical error.
These prices include VAT applicable on the day the order was placed, but do not include delivery fees, which shall be billed as an additional fee and shall be specified to the Customer at final confirmation of the order.
The amount of the delivery fees is calculated as a lump sum as described in Article 8 herein.
The price billed to the Customer is the price indicated on the order confirmation sent by e-mail to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand. INCC SAS, acting on behalf of the Mercedes-Benz brand, is eligible to claim an additional amount for importation taxes, the payment of which is chargeable to the Customer. This amount will be requested upon delivery of the order to the Customer.
INCC SAS, acting on behalf of the Mercedes-Benz brand, reserves the right, which the Customer accepts, to modify the price, at any time, without performing any other formality than applying such modifications to the Site. However, these modifications will have no effect on the orders that INCC SAS, acting on behalf of the Mercedes-Benz brand, has accepted before these modifications entered into effect, subject to the availability of the Products ordered.

5. RETENTION OF OWNERSHIP

The Products ordered remain the property of INCC SAS, acting on behalf of the Mercedes-Benz brand, until the price is paid in full.
On the other hand, on the actual date of delivery, the risks (particularly risk of loss, theft or spoilage) affecting the delivered Products fall under the responsibility of the Customer.

 
6. ORDER METHODS

 
6.1 Navigation within the Site

The Customer can review the different Products proposed for sale on the Site by INCC SAS, acting on behalf of the Mercedes-Benz brand. The Customer can freely navigate the various pages on the Site, without any obligation to place an order.

6.2 Placing an order

To place an order on the Site, the Customer must be of adult age, have legally capacity, and be the holder of a bank card such as defined in Article 7 herein.
To place the order, the Customer must:
-       either log in to their account on the Site by entering their e-mail address (username) and their password;
-       or create an account on the Site, if they do not already have an account, by filling in the form in which the fields obligatory for registering their order are marked with an asterisk (specifically their name, billing address, delivery address, telephone number).
In particular, the Products are destined for the personal use of the Customer and shall have no direct connection to the professional activity of said Customer. For  this reason, the attention of the Customer is specifically drawn to the fact that they may not order more than five (5) Products in the same order that bear the same reference number.
The orders will be accepted within the limits of the inventory available. For this reason, when placing the order, the Customer is informed of the availability of the Product on the Site’s information page in the description of each of the Products.
If, notwithstanding the vigilance of INCC SAS, acting on behalf of the Mercedes-Benz brand, the Products ordered are no longer available, INCC SAS, acting on behalf of the Mercedes-Benz brand, shall inform the Customer as soon as possible by e-mail, and reimburse the price that was billed by crediting the Customer’s bank account.
If the Customer would still like to place the order, they must choose any other Products that they may be interested in purchasing, and shall show said interest by clicking on the “ADD TO CART” button and specifying the desired quantities in advance. The Product(s) will then be added to their “Cart”.
After having filled their “Cart”, should the Customer wish to add more items to their cart, the Customer shall click either on the “ORDER” button or the “CONTINUE SHOPPING” button. If the Customer clicks on the “ORDER” button, a summary of all the Products selected will be displayed. The Customer must click on the “ORDER” button again in order to access the delivery step. They must then indicate the billing address and the desired delivery address. If the Customer clicks on the “CONTINUE” button, they will proceed to the following delivery step and shall then provide information regarding the delivery method (express or standard delivery), the amount of the delivery fees being specified during this step. 

Once all of this information has been correctly entered and validated, the price of the Products - as defined in Article 4 - as well as the delivery fees shall be displayed automatically.
The Customer then clicks on the “CONTINUE” button to proceed to the next step, “PAYMENT”.

6.3 Eligible order delivery territory

The Customer may place the order for the Products for delivery around the world, with the exception of the countries listed below. Any order that mentions a country in the list below will be rejected.

‐           Central African Republic

‐           Comoros Islands

‐           Cuba

‐           Equatorial Guinea

‐           Falkland Islands

‐           Guinea Bissau

‐           Iran

‐           Johnston Island

‐           Kiribati

‐           Mayotte

‐           Myanmar

‐           Nauru

‐           Niue

‐           North Korea

‐           Saint-Pierre-and-Miquelon

‐           Saint Helene

‐           Solomon Islands

‐           Sao Tome and Principe

‐           Sierra Leone

‐           Somalia

‐           Sudan

‐           Syria

‐           Tajikistan

‐           Tokelau Islands

‐           Turkmenistan

‐           Tuvalu

‐           Wake Island

If the Customer resides in one of these countries, the order cannot be delivered.

6.4 Final confirmation of the order

The Customer shall provide information regarding the selected payment method as per the conditions in Article 7 of these Terms and Conditions of Sale.
The Customer shall click on the box located next to the message “I have read and I accept the Terms and Conditions of Sale”.
Before clicking on the “Buy” button, the Customer can:
-       verify the details of the order and its total price;
-       correct any errors that may have occurred at the time of filling in the data and modify their order by returning to the previous steps or by navigating on the Site.
To carry out the final confirmation of the order, the Customer shall click on the “Buy” button to proceed to the debiting of their bank account.
The authorisation transmitted by the bank of the Customer, for the debiting of the bank account, will be displayed. It is recommended that the Customer record and/or print the aforementioned payment authorization on paper media. Upon the bank’s authorisation of the debit from the Customer’s bank account, their “Cart” is directly forwarded to the order preparation department of INCC SAS, acting on behalf of the Mercedes-Benz brand, and the Customer will see the order number displayed.
As soon as the Customer confirms their order by clicking on the “Buy” button, the Customer can no  longer cancel or modify their order.
Nevertheless, upon receipt of the order, the Customer may exercise their right of withdrawal under the conditions provided in Article 10 of these Terms and Conditions of Sale.
Following the validation of payment by the Customer, a confirmation of acceptance of the order will be sent by e-mail to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand.

6.5 Confirmation of order acceptance

The sale will not be considered final until after the confirmation of acceptance of the order is sent by e-mail to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand.
In accordance with the provisions of Article 1369-2 of the Civil Code, the Customer formally accepts the use of e-mail for confirming the contents of their order by INCC SAS, acting on behalf of the Mercedes-Benz brand.
This confirmation e-mail summarises all of the information communicated by the Customer with indication, if necessary, of the possible problems or restrictions raised by the order (availability of items ordered, delivery times or selected method of payment). It includes the order number assigned to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand.

7. PAYMENT

Insofar as the server is unavailable, the Customer may pay for their order after the final order validation on the Site by bank card (Carte Bleue, Visa, Master card, Maestro) or via Oney Bank for the payment in 3 or 4 installments by bank card from €100€ of purchase to €3000 (Payment only available for french consumers). CGV Oney/Payplug:  https://www.payplug.com/hubfs/CGV%20Payplug%20Oney%20pour%20CGV%20site%20marchand.pdf 

The Customer will enter their card number, its expiration date, the name of the card holder and the visual cryptogram (the three or four last numbers printed on the back of the bank card).
Payments by check are not accepted.
The payment is made via a secure server hosted by a secure payment processor, Payplug, the partner of INCC SAS, acting on behalf of the Mercedes-Benz brand. This ensures that none of the Customer’s bank information passes through the site. The processing of a payment with a bank card is therefore perfectly secure.         
Any information connected to payments by bank card is clearly indicated on the Site and it is specified that, if the Customer would like additional assistance, they can contact the Customer Support Department at the address customerservice@incc-group.com.
INCC SAS, acting on behalf of the Mercedes-Benz brand, reserves the right to refuse any order or any delivery in the following cases: the request for an order that surpasses the limits defined in Article 6.2 of this document, the existence of a dispute with the Customer, the non-payment by the Customer for a preceding order, the refusal by a financial organisation to authorise a bank card payment.
The Customer guarantees to INCC SAS, acting on behalf of the Mercedes-Benz brand, that they are authorised to use the payment method selected at the time of order confirmation. In the event that the bank refuses this payment, the order will be automatically cancelled and the Customer will be informed by e-mail. INCC SAS, acting on behalf of the Mercedes-Benz brand, reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and degree of execution, in the event of the non-payment of any amount due from the Customer or in the event of a payment issue.
As part of the fight against fraud on the internet, information regarding transactions are controlled by the payment partner designated by INCC SAS, acting on behalf of the Mercedes-Benz brand: Payplug. This company is responsible for ensuring a secure environment for the storage and automatic processing of information regarding each transaction, including that of bank card details.
The data connected to the orders will be recorded and saved in the digital systems of the company Axome, 30 rue Agricol Perdiguier - 42000 Saint-Étienne under INCC SAS, acting on behalf of the Mercedes-Benz brand.
Broadly speaking, it is expressly agreed between INCC SAS, acting on behalf of the Mercedes-Benz brand, and the Customer, that regarded as authoritative shall be the e-mails sent between the Parties, as well as those sent between the automatic registration systems used by the Customer Service Department, the company Axome or the Site, particularly those regarding the nature and the date of the order.
The archiving of data relating to the orders is performed on a reliable and sustainable medium that can be produced for evidence.

8. DELIVERIES

 
8.1 The Products are delivered by Colissimo or Fedex as per the following conditions:

The import taxes remain the responsibility of the Customer. 

A time period for the preparation of the order (2 to 3 days) shall be taken into account in addition to the delivery time. 

8.2 The items must only be delivered to:
- the usual place of residence of the Customer;
- or to the delivery address indicated by the Customer when placing the order, it being noted that said address must correspond to the usual place of residence of a third party selected by the Customer and residing at the address of the company at which the latter exercises their professional activity, insofar as this is situated in the same territory.
Deliveries will always be excluded when the delivery address entered into the Site is:
- a hotel or other residential hostel;
- a general delivery;
- a post office box;
- a temporary address or residence (including but not limited to mobile homes, caravans, camp sites and other temporary residences) or in a group home or where an individual address cannot be attributed in a clear and sustainable way to a natural or legal person. 

8.3 After payment of the order amount is registered, the Product shall be delivered to the delivery address indicated by the Customer. For this purpose, the latter agrees to communicate an exact delivery address to INCC SAS, acting on behalf of the Mercedes-Benz brand.

8.4 The delivery of the ordered Products shall occur on the date or within the time period communicated to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand.

8.5 Fedex and Colissimo retain the right not to deliver to the following countries: 

‐           Central African Republic

‐           Comoros Islands

‐           Cuba

‐           Equatorial Guinea

‐           Falkland Islands

‐           Guinea Bissau

‐           Iran

‐           Johnston Island

‐           Kiribati

‐           Mayotte

‐           Myanmar

‐           Nauru

‐           Niue

‐           North Korea

‐           Saint-Pierre-and-Miquelon

‐           Saint Helene

‐           Solomon Islands

‐           Sao Tome and Principe

‐           Sierra Leone

‐           Somalia

‐           Sudan

‐           Syria

‐           Tajikistan

‐           Tokelau Islands

‐           Turkmenistan

‐           Tuvalu

‐           Wake Island

If the Customer resides in one of these countries, the order cannot be delivered.

9. DELIVERY-RELATED DEFECTS - CONFORMITY – GUARANTEES

9.1 The Customer must verify the good condition of the Products at delivery and that the Products delivered to them correspond to their order. Any defect connected to delivery (damaged package, items invoiced by INCC, acting on behalf of the Mercedes-Benz brand, that are missing, delivery delays, etc.) must be the subject of reservations marked on the delivery receipt presented by the transporter. The Customer must also inform INCC, acting on behalf of the Mercedes-Benz brand, in writing of any defect by letter to the following address: INCC PARFUMS – 85 Avenue de Saint Cloud – 78000 VERSAILLES FRANCE, or by e-mail to the following address: customerservice@incc-group.com, for the purpose of improving the quality of service provided to them and to allow INCC, acting on behalf of the Mercedes-Benz brand, to proceed with an inquiry to the transporter.

9.2 If the Customer has provided the information regarding a missing Product, an inquiry to the transporter will be opened and could last up to 21 business days. If, during this time, the Product is recovered, it shall be sent to the delivery address designated on the order form.
If, on the other hand, the Product ordered is not recovered by INCC, acting on behalf of the Mercedes-Benz brand, INCC , acting on behalf of the Mercedes-Benz brand, shall send the missing Products that were initially ordered by the Customer at their own cost or, if the Customer decides to cancel the contract under the conditions of Article L 138-2 of the Consumer Code, INCC, acting on behalf of the Mercedes-Benz brand, will reimburse the Customer the total of the amount paid at the latest 14 days after the date that the contract was cancelled.

9.3 If the Products delivered are not in conformity with the order, the Customer must:
- inform INCC, acting on behalf of the Mercedes-Benz brand, as soon as possible by letter to the following address: INCC PARFUMS – 85 Avenue de Saint Cloud – 78000 VERSAILLES FRANCE or by e-mail to the following address: customerservice@incc-group.com with proof of the Product’s non-compliance with the order,
- return the Products in question in their original packaging (or, at least, in packaging providing equivalent protection to said Products during their return transport), in perfect condition, complete (packaging, slip cover, etc.) and accompanied by the return/exchange request sent in advance by letter or e-mail. In the event that the Products formed part of a promotional offer that included one or several gifts with the purchase, the gifts provided by INCC, acting on behalf of the Mercedes-Benz brand, which are linked to the purchase of one or several Products, shall be returned by the Customer to INCC, acting on behalf of the Mercedes-Benz brand.
 
It is recommended that the Customer retain any proof of return of the Product(s) by registered letter, or by any other method that provides a definite date.
Assuming that the return of the non-compliant/defective Product is well-founded, INCC, acting on behalf of the Mercedes-Benz brand, shall, based on the choice of the Customer or, in the event of the absence of a Customer request, based on the choice of INCC, acting on behalf of the Mercedes-Benz brand, proceed with the reimbursement for the defective/non-compliant Product by means of a credit transferred onto the Customer’s bank account at the latest fourteen (14) days after receipt by INCC, acting on behalf of the Mercedes-Benz brand, of the returned Product or its exchange, insofar as this Product is available and in stock, to the exclusion of the payment of any damages.
With the exception of the cases above, no Product exchanges are authorised.
It is specifically noted that the return fees are chargeable to INCC, acting on behalf of the Mercedes-Benz brand, which will address a “voucher for package return delivery” label to the Customer, in the event that the decision to return the item is the result of a non-compliance/defect of the Product or an error on the part of INCC, acting on behalf of the Mercedes-Benz brand.

9.4 Notwithstanding the specific conditions of any guarantee presented to the Customer with the delivered Product, the INCC Products, acting on behalf of the Mercedes-Benz brand, are subject to the following legal guarantees in conformity with and related to the defects of the Products sold:
Article L. 211-4 of the Consumer Code: “The vendor is required to deliver a good that is in conformity with the contract and to respond to any lack of conformity existing at the moment of delivery.
They shall also respond to any lack of conformity resulting from the packaging, assembly or installation instructions, whenever this same is their responsibility under the contract, or when this was performed under their responsibility." 
Article L. 211-5 of the Consumer Code: “In order to be in compliance with the contract, the good must: 
1º Be fit for the expected purposes for which goods of the same type are normally used and, where necessary:
- correspond to the description provided by the vendor and possess the qualities that the vendor presented to the purchaser in the form of a sample or model;
- have the qualities that a purchaser could legitimately expect given the public statements made by the vendor, the producer or their representative, particularly in advertisements or through labelling;
2º or have the characteristics defined by a mutual agreement between the Parties or be fit for any special use sought by the purchaser, of which the vendor was informed and which they had accepted." 
Article L. 211-12 of the Consumer’s Code: “Any action resulting from a lack of conformity lapses after two years as of the date of the delivery of the goods." 
Article 1641 of the Civil Code: “The vendor is bound to a guarantee relating to the latent defects of the item sold, which would render it unable to be used for its intended purpose, or which would diminish its intended use, and that, had the purchaser been aware of such a defect, they would not have purchased it, or would have purchased it for a lower price.
Article 1648, line 1st of the Civil Code: “The action resulting from the latent defects must be raised by the purchaser within two years as of the date of the discovery of the defect.”

10. RIGHT OF WITHDRAWAL

 
10.1 In accordance with the provisions of Article L. 221-18 and according to the Consumer Code, the Customer may exercise the right of withdrawal, without requiring justification, within fourteen (14) days as of the date of receipt of the Products. In the event that the Products formed part of a promotional offer that included one or several gifts with the purchase, the gifts provided by INCC, acting on behalf of the Mercedes-Benz brand, linked to the purchase of one or several Products must be returned by the Customer to INCC, acting on behalf of the Mercedes-Benz brand. Furthermore, it is specified that the Customer cannot exercise their right of withdrawal for Products that were tailored according to their specifications or Products that were clearly personalised, such as engraved Products.

 
10.2 In this context, the Customer has the option of returning the delivered Products:
-  Within fourteen (14) days as of the date that they exercise their right of withdrawal.
- In their original packaging (or, at least, in a package providing equivalent protection of said items during their return transportation), in perfect condition allowing them to be placed back into circulation for sale by INCC, acting on behalf of the Mercedes-Benz brand, complete (Product not used and not opened, in cellophane etc.). In the event that the Products returned formed part of a promotional offer including one or several gifts with the purchase, the gifts linked to the purchase of one or several Products and provided by INCC, acting on behalf of the Mercedes-Benz brand,  must be returned to INCC, acting on behalf of the Mercedes-Benz brand, by the Customer under the same conditions indicated in this Article 10.2.
-   Either accompanied by a return voucher, which is available on the Site
-   Or accompanied by any other statement free of ambiguity expressing their desire to withdraw as per Article L 221-21 of the Consumer Code;
 
-   To the following address: INCC Parfums – 85 Avenue de Saint Cloud – 78000 VERSAILLES FRANCE / customerservice@incc-group.com

 
10.3 The payment of the return fees are the responsibility of the Customer. INCC, acting on behalf of the Mercedes-Benz brand, does not accept parcels sent carriage forward.

10.4 If the aforementioned conditions are satisfied, INCC, acting on behalf of the Mercedes-Benz brand, will reimburse the Customer the entirety of the amounts paid by them at the time of purchasing the applicable Product or Products, including the fees for the return of the Products should the return of the Products be in conformity with Article 9.3 or 10.5 of these Terms and Conditions of Sale within fourteen (14) days after the date on which the Products were recovered by INCC, acting on behalf of the Mercedes-Benz brand, or until the Customer has provided proof of postage for these Products, the date retained being the first of these occurrences as per Article L 221-24 of the Consumer Code.

10. 5 It is specified that the payment of postage fees are the responsibility of the Customer, except when the decision to return the items is the result of a Product non-conformity/defect or an error on the part of INCC, acting on behalf of the Mercedes-Benz brand. If this is the case, INCC, acting on behalf of the Mercedes-Benz brand, shall send the Customer a “transportation voucher for a package return” label.
 

11. LIMITATION OF LIABILITY

11.1 INCC, acting on behalf of the Mercedes-Benz brand, while taking the greatest care and applying the greatest accuracy to the publication of information on-line, to the description of items and to the data available from the Customer Service Department or on the Site, as well as keeping such information regularly up to date, shall not be held responsible the occurrence of any non-substantial errors. In the same way, although photographs and other reproductions reliably represent the items  - within the limits of the technique and as per the highest marketing standards - they may contain non-substantial errors, which the Customer acknowledges and accepts. In any event, if a delivered item is not in conformity with its description, INCC, acting on behalf of the Mercedes-Benz brand, agrees to correct this error as per the conditions of Articles 9 and 10 herein.

11.2 INCC, acting on behalf of the Mercedes-Benz brand, may not be held responsible for:
- disruptions or delays registered by the Customer Service Department or by the Site due to maintenance works, technical breakdowns, an event of force majeure, the action of a third party or any other circumstances whatsoever, that occur through no fault of their own;
- the inability of the Customer or INCC, acting on behalf of the Mercedes-Benz brand, to contact the Customer Service Department and/or temporary loss of access to the Site, due to events outside of their control, such as: technical breakdown, telephone network disruptions, internet disruptions, defects in the said internet reception hardware, etc.

11.3 INCC, acting on behalf of the Mercedes-Benz brand, does not guarantee that the Site will be continuously available without there being any short interruption, suspension or error.

11.4 The Customer remains sole judge as to the appropriate nature of the items that they order as well as to their adaptation to their needs and consumption.

11.5 INCC, acting on behalf of the Mercedes-Benz brand, shall not incur any liability for a usage of the Products that is not in conformity with their intended purpose.

11.6 INCC, acting on behalf of the Mercedes-Benz brand, cannot be considered responsible for (i) the loss, alteration or fraudulent access to the Customer’s personal data, (ii) the accidental transmission of a virus or other harmful elements resulting from Internet access or e-mail transmission.

11.7 Without limiting any other provision of these Terms and Conditions of Sale, the responsibility of the INCC, acting on behalf of the Mercedes-Benz brand, can only be retained in the event of a proven fault that is imputable to them. In any of these cases, their responsibility shall only be limited to direct damages.

11.8 INCC, acting on behalf of the Mercedes-Benz brand, reserves the right to suspend the operation of the Site.

12. PERSONAL INFORMATION

It is obligatory to provide personal information (identity, username, password, e-mail address, telephone number, billing address, delivery address, payment methods, etc.) collected in the context of remote sales, as this information is necessary for processing, order delivery, as well as for drawing up invoices.
Failing to provide this information shall lead to the automatic rejection of the order.
The information can be transmitted to partners, particularly the commercial partners of INCC SAS, acting on behalf of the Mercedes-Benz brand, (intermediaries for order payments: Payplug or for order delivery, notably: La Poste/Fedex).
This information and data are also saved, for the purposes of security, in order to comply with the legal and regulatory requirements as well as to allow INCC SAS, acting on behalf of the Mercedes-Benz brand, to improve and personalise the proposed services and the information addressed to the Customer.
This information is strictly confidential.
In accordance with Law No. 78-17 of 6th January 1978 relating to privacy, data protection and freedom of information, the processing of personal data on the Site is subject to the provision of a declaration made to the National Commission on Data Protection and Individual Freedom . The Customer has the right to access, modify, correct and delete data concerning them in the files of INCC SAS, acting on behalf of the Mercedes-Benz brand. To exercise this right, the Customer must send a letter to the following address: INCC PARFUMS – 85 Avenue de Saint Cloud – 78000 VERSAILLES.
Depending on the choices made by the Customer when creating or consulting their account, the Customer will be proposed several options, notably those allowing them to receive newsletters or offers from INCC SAS, acting on behalf of the Mercedes-Benz brand, or to authorise the transfer of this data to the partners of INCC SAS, acting on behalf of the Mercedes-Benz brand. If the Customer no longer wishes to receive such information, they may, at any time, make a request to INCC SAS, acting on behalf of the Mercedes-Benz brand, by specifying such in their account in the section “My Profile”.

13. FORCE MAJEURE

 
INCC SAS, acting on behalf of the Mercedes-Benz brand, cannot be held responsible for the total or partial non-execution of their obligations if this non-execution is due to a fortuitous event or the occurrence of an element constituting force majeure such as, in particular, but not limited to, floods, fires, storms, lack of raw materials, transportation strikes, partial or total strikes, or lock-outs.
These events constitute a cause for the suspension and/or the extinction of the obligations to the Customer by INCC SAS, acting for Mercedes-Benz Parfums, without damages being paid to the Customer.
In the event that this suspension of the enforcement of the obligations of INCC SAS, acting on behalf of the Mercedes-Benz brand, continues for more than fifteen (15) days from the date of the notification to the Customer regarding this suspension provided by INCC SAS, acting on behalf of the Mercedes-Benz brand, the Customer will be able to cancel the pending order and a reimbursement will be made as soon as possible to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand, by the application of a credit onto the bank account of the Customer.
 

14. INTELLECTUAL PROPERTY

 
The intellectual property rights attached to the items sold on the Site are and remain the exclusive property of INCC SAS, acting on behalf of the Mercedes-Benz brand. All the usage rights are exclusively reserved.
Under these conditions, no person has the authority to reproduce, use, distribute or employ, for any reason whatever, even partially, the intellectual property rights, without the express advanced written approval of INCC SAS, acting on behalf of the Mercedes-Benz brand. The brands and logos of INCC SAS, acting on behalf of the Mercedes-Benz brand, are trademarks. Any reproduction thereby constitutes a forgery.

15. COOKIES

All of the provisions regarding Cookies are available in the Personal Data Charter at the following address: http://www.parfums.mercedesbenz.com/legal-terms.html?page=privacy

16. ENTIRE AGREEMENT

The Terms and Conditions of Sale, the Site’s Legal Notices, the Personal Data Charter and the confirmation of the acceptance of an order sent by e-mail to the Customer by INCC SAS, acting on behalf of the Mercedes-Benz brand, constitutes the entire agreement and constitutes the entirety of the contractual relationships established between the Parties.

17. NO WAIVER

The fact that INCC SAS, acting on behalf of the Mercedes-Benz brand, must abstain from requiring the performance, at any given moment, of any one of the stipulations of these Terms and Conditions of Sale, cannot be interpreted as being worthy of waiver for the purpose of previously invoking said total or partial non-execution.
 

18. VALIDITY OF THE TERMS AND CONDITIONS OF SALE

If any one of the stipulations of these Terms and Conditions of Sale is declared totally or partially null, the other stipulations and the other rights and obligations resulting from these Terms and Conditions of Sale shall be unchanged and remain applicable.

19. APPLICABLE LAW – DISPUTES

These Terms and Conditions of Sale and the contractual relationships between INCC SAS, acting on behalf of the Mercedes-Benz brand, and the Customer are governed by French law.
The Customer shall have the opportunity, before any judicial action is taken, to seek out an amicable solution. The contact details of the chosen consumer mediator: CMAP - Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris - 01 44 95 11 40 - cmap.fr