Terms and Conditions

Terms and Conditions

Aprifume

General Terms and Conditions of Sale
Date of publication: 30 November, 2023

Aprifume, a “general partnership”, registered under the Dutch Trade and Companies Register (hereafter “Aprifume”), with its registered office located in The Netherlands, markets through its website www.aprifume.com (the “Website”) perfumery and cosmetic products designed in the tradition of fine perfumery (the “Products”).

For general inquiries or electronic correspondence, please contact us at info@aprifume.com. For matters of significant business importance, reach out directly to our management team at management@aprifume.com.

Aprifume & Provelop, the appointed editors, manage the website www.aprifume.com.

Both Mr. Dani Mingels and Mr. Karlen Movsesjan jointly hold the ownership of Aprifume and serve as its co-directors. They are collectively overseeing the content and publication on the Site.

These General Terms and Conditions of Sale (hereinafter “GTCS”) apply to all orders for Products placed via the Site by end consumers, except for “special orders” or “customized” products.

It is specified that the Customer can, at any time, view the current GTCS on the website by clicking on the “Terms and Conditions” button. It’s recommended that the Customer takes the time to read and understand these terms.

Aprifume reserves the right to update the GTCS at any time. In the event of a change to the GTCS, the applicable GTCS are those in force at the date of the order and which are available in the order confirmation email.

Sales made through the Site are reserved for consumers (the “Customers”).

Given the prestigious nature of the Products, they are sold through a selective distribution network. Consequently, the Products may not be distributed or resold under any circumstances.

  1. Availability
    1.1 The Products offered for sale by Aprifume are those presented on the Website on the day of the consultation of the Website by the Customer, within the limits of available stocks and according to the conditions of sale, in particular prices, specified on the Website.

1.2 Aprifume reserves the right to modify at any time and without notice the Products presented for sale on the Website as well as the conditions of sale of the Products.

1.3 Aprifume takes great care in the presentation and description of the Products. However, if substantial errors or omissions appear on the Website, Aprifume cannot be held responsible in any way. It is understood that the photographs illustrating the Products are only indicative and do not enter the contractual field.

1.4 Aprifume does not guarantee the availability of the products presented on the Website. If one or more Products are unavailable after an order has been placed, Aprifume will notify the Customer by email or telephone as soon as possible of the unavailability of the Product(s) and the possible cancellation of the order.

1.5 In case of total cancellation of the order due to unavailability, the Customer’s order will be automatically cancelled, and his bank account will not be debited. If the bank account has already been debited, Aprifume will reimburse the Customer within 14 days from the date of payment.

1.6 In case 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 informed as soon as possible, by telephone or by email, of the unavailability of the Products concerned;
  • the Customer will be delivered the available Products.

1.7 In any case, Aprifume shall not be liable for any shortage of stock or unavailability of the Products.
1.8 Any order may be accompanied by free samples chosen by the Customer. However, if the samples requested at the time of the order are unavailable, they may be replaced or canceled by Aprifume.

  1. Price
    2.1 The GTCS applicable to the Products, in particular the pricing conditions, are those in force at the time the order is accepted.
    2.2 The prices of the Products are firm. They are indicated in euros, all taxes included. Aprifume reserves the right, which the Customer accepts, to modify at any time and without notice the prices of the Products offered on the Website, without any other formality than to post the modifications on the Website. These modifications will not, however, affect orders that the Customer has validated before the entry into force of these modifications, subject to the availability of the Products ordered at that moment
    2.3 The prices of the Products displayed on the Website do not include shipping costs. The method and amount of shipping costs are specified during the ordering process before the Customer confirms the order. The different shipping methods are also provided for in the GTCS and may be modified at any time by Aprifume. The shipping costs are at the charge of the Customer or Aprifume depending on the country of delivery and the option chosen by the Customer, according to the following modalities:

For the Netherlands and Belgium: Deliveries are free.
Outside of the Netherlands and Belgium: Shipping rates and methods vary based on the destination country. This could be standard shipping or express delivery. An additional fee might be applied depending on the destination country and the prevailing rates for Express Delivery at the time of the order.
2.4 The Customer should note that the rates for Express Delivery may change and will be calculated based on the rates in effect on the day of the order.

2.5 The price invoiced to the Customer is the price indicated on the Website at the time of the order confirmation transmitted by email by Aprifume.

2.6 The Customer acknowledges that, depending on the country or overseas department of delivery chosen at the time of ordering, he/she may have to pay customs and/or import duties according to the legislation in force in the said country or overseas department. These costs will be added to the price of the Products indicated on the Website.

  1. Terms and conditions of the order
    3.1 By browsing the Website, the Customer has the possibility of becoming acquainted with the various Products offered for sale on the day of consultation of the Website.
    3.2 Browsing the various pages of the Website does not commit the Customer to an order.
    3.3 While browsing the Website, the Customer wishing to place an order may do so by following the procedure set up by Aprifume:
    3.3.1 Ordering on the Website;
    To place an order on the Website, the Customer must be of legal age, have legal capacity, and possess a valid payment method. We accept V-pay, Maestro, iDeal, Bancontant, SEPA Bank Transfer, KBC Payment Button, Giropay, EPS, Apple Pay & Credit Card (American Express, Visa & Master Card) payments. It is specified that the Products are intended for the personal use of the Customer, without any direct connection with the Customer’s professional activity.
    In the event of an order that appears abnormal, the order may be considered null and void and will not be taken into account by Aprifume. An order is considered abnormal when the Customer purchases more than 6 Products of the same reference.
    To validate his order, the Customer must imperatively follow the following steps:

Step 1: “Identification and selection of the Product(s)”
The Customer must select one or more Products offered on the Website. On the product page, the Customer is offered to select an engraving service for a fee, which allows him/her to personalize the Product(s) with an inscription of his/her choosing.
The Customer then clicks on the “Add to cart” button, which appears next to each Product viewed.
By clicking on “Checkout,” the Customer can see the items added to his/her cart and remove or add items at any time.
By validating the basket (button “Proceed to Checkout”), the Customer initiates the ordering process. It is up to the Customer to check the virtual basket and to modify, if necessary, the content of this basket and/or the desired quantities for each Product
If he/she has not already done so, the Customer must then identify him/herself on the Website using her/his email address and password or create an account if it is his/her first order. He/She may also choose to order without creating an account These procedures require the Customer to provide full contact details (title, surname, first name, billing address, e-mail address, telephone number, date of birth), as well as delivery address. The Customer undertakes to provide accurate information about his/ her identity.
The Customer is then invited to choose his/her contact preferences (email, telephone), to tick the box “I wish to be contacted by Aprifume by email to receive personalized information on products and services” if he/she so wishes, and to specify if the billing address is different from the shipping address by ticking the box “Use a different billing address.”
The Customer is then invited to click on the “Validate the delivery address” box. The Customer is then redirected to the “Delivery Address” stage.

Step 2: “Delivery Address”
The Customer is invited to update or modify the delivery address as necessary. Deliveries are processed according to the following procedures:
For the Netherlands and Belgium: Deliveries are free.
Outside of the Netherlands and Belgium: Shipping rates and methods vary based on the destination country. This could be standard shipping or express delivery. An additional fee might be applied depending on the destination country and the prevailing rates for Express Delivery at the time of the order.
The Customer should note that the rates for Express Delivery may change and will be calculated based on the rates in effect on the day of the order.
However, the Customer acknowledges that, depending on the country or overseas department chosen for delivery at the time of ordering, he/she may have to pay customs and/or import duties according to the legislation in force in the said country or overseas department.

Step 3: “Order Summary”
A summary of the order will be displayed specifying the essential characteristics of the Products, the quantity and price of the Products, the delivery costs, and the total amount of the order (including delivery costs and taxes).

The Customer is invited to check the order as well as the delivery and billing address, and if necessary, rectify any errors or modify it.

Step 4: “Payment Method”
The Customer is then invited to choose the method of payment, which is only possible by V-pay, Maestro, iDeal, Bancontant, SEPA Bank Transfer, KBC Payment Button, Giropay, EPS, Apple Pay & Credit Card (American Express, Visa & Master Card). Payment by cheque or cash will not be accepted.

  1. For payment by Credit Card

4.1 The Customer can select either Visa, American Express or Master Card for the payment. It is important to note that credit cards issued by banks domiciled outside Netherlands must be international cards.

4.2 The Customer must enter the credit card number, its expiry date, the name of the cardholder and the visual cryptogram corresponding to the last numbers written on the back of the credit bank. The Customer is then automatically transferred to the secure electronic payment server of Mollie, in its capacity as Aprifume’s secure payment provider, in order to authenticate the payment.

4.3 By making this payment, the Customer guarantees that he/she is fully entitled to use the payment card for the payment of the order and that this card gives access to sufficient funds to cover all costs resulting from this order.

4.4 By providing the credit card details, the Customer agrees that Aprifume may proceed with the secure transaction.

4.5 The Customer will have to read the present GTCS which will be available by means of a hypertext link and tick the box “I have read and agreed on Terms and Conditions.”

4.6 Ticking this box implies express acceptance, without reservation, by the Customer of the GTCS.

4.7 From the moment the Customer clicks on the “Proceed to payment” button, the sales contract is considered definitively concluded. As soon as the order is validated, it is sent for processing. It may only be modified or cancelled under the conditions expressly provided for in these GTCS or under the conditions required by the law in force.

4.8 The data recorded by the Website constitutes the proof of all transactions between Aprifume and its Customers. In the event of a dispute over a transaction carried out on the Website, the data recorded by Aprifume is irrefutable proof of the content of the transaction.
4.9 It is specified that the order is validated and shipped only after confirmation of the validity of the payment made by the Customer.
4.10 In the event that, for any reason whatsoever (exceeding the order limit, opposition, refusal of the issuing center to authorize payment, etc.), the debiting of the sums due by the Customer proves impossible, the order will not be recorded by Aprifume, which will inform the Customer immediately by email. In order to avoid fraud and to ensure that the Customer is the holder of the means of payment used, Aprifume reserves the right to ask the Customer for a copy of his/her identity card and credit card, for any order over €500 including VAT (excluding delivery costs).
4.11 In any event, Aprifume reserves the right to refuse any order from a Customer with whom there is a dispute or incident relating to the payment of a previous order or who contravenes the provisions hereof. In this case, Aprifume will inform the Customer by e-mail. If the Customer fails to regularize its situation with Aprifume, Aprifume reserves the right not to process the order.
4.12 Aprifume reserves the right to refuse any order from a Customer who clearly wishes to resell the Products for commercial purposes. In this respect, any order that appears abnormal may be considered null and void and will not be considered by Aprifume. An order is considered abnormal when the Customer purchases more than 6 Products of the same reference.

  1. Confirmation of the order by Aprifume
    5.1 Following validation of the payment by the Customer, an email confirming the payment is sent to the Customer at the email address provided for this purpose.
    5.2 An email summarizing the order is then sent to the Customer by Aprifume as soon as the order is registered.
    To this end, the Customer formally accepts the use of electronic mail for the confirmation by Aprifume of the content of its order. This email, as an acknowledgement of receipt of the order, details all the essential conditions of the order, namely:
  • the order reference;
  • the date and time of the order;
  • the payment method;
  • the identity and contact details of the Customer;
  • the nature, quantity, and price of the Products purchased;
  • the samples chosen;
  • the delivery costs and methods;
  • the total amount of the order (including delivery costs);
  • information relating to the identity of Aprifume and its contact details;
  • the Customer’s rights and guarantees and procedures for exercising the right of withdrawal as set out in these GTCS.
  • the invoice, proof of confirmation of payment. In any event, invoices are issued at the time of delivery.
    The order confirmation email mentions the right of withdrawal.
  1. Shipment of the order
    6.1 It is reminded that the order will only be dispatched once the method of payment has been verified and the Customer’s credit card has been authorized to be debited.
    6.2 In the event of unavailability of certain Products ordered (see Availability), only the price and any transport costs relating to the Products available and delivered will be debited.
    6.3 The order will be processed within a maximum of thirty (30) days from the day following the day on which the Customer placed the order, subject to full payment of the price.
    6.4 Once the order has been prepared, it will be sent to the postal address provided by the Customer as the delivery address when placing the order, it being specified that the address may not be a post office box, a poste restante, a non-fixed address or domicile (i.e. and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed place of residence) or a collective place where an individual address cannot be clearly and durably attributed to a physical person.
    6.5 An email is sent to the Customer to inform them of the dispatch of their order.
    6.6 As the delivery is carried out by a third party service provider, the Customer is informed that Aprifume cannot be held responsible in any way if the non-performance or poor performance of this obligation is attributable to the Customer or to the unforeseeable or insurmountable act of a third party to the contract or to an event of superior force.
    6.7 The Products purchased will be delivered in accordance with the terms and conditions, within the following average times: 2 to 7 working days from dispatch for The Netherlands, up to 6 weeks depending on the country.
    6.8 Any delay in delivery must be reported as soon as possible to the following address: info@aprifume.com.
    6.9 Each delivery is deemed to have been made as soon as the Product(s) is (are) made available to the Customer by the carrier, as evidenced by the control system used by the carrier.
    6.10 It is the Customer’s responsibility to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped, as well as the condition of the packaging.
    6.11 In the event of delay, breakage, or shortage, the Customer must express complete and precise reservations on the delivery slip upon receipt. In any event, the Customer may only take recourse against the carrier to whom he must express his reservations. Any reservations must be confirmed by registered letter to the carrier within three (3) days of receipt.
    6.12 Any such reservations must also be notified to the following address: info@aprifume.com.
    6.13 If the order or the missing Product(s) has not been delivered after the stated delivery date, for any reason other than force majeure, the Customer should write to Aprifume at info@aprifume.com.
    6.14 If the delivery is not carried out within a reasonable additional period, the Customer may cancel the contract by exercising his right of withdrawal.
    6.15 It is recalled that, pursuant to Article 7:18 of the Dutch Civil Code (Burgerlijk Wetboek), any risk of loss or damage to the Products is transferred to the Customer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these Products.
  2. Legal Guarantee – Liability – Overmacht/Superior Force
    7.1 Aprifume, as a professional seller, guarantees that the Products are in conformity with the use that is expected of them, and do not have any hidden defects or faults making them dangerous or unfit for their normal use.
    7.2 In the event that the Product(s) do not conform to the information given at the time of the presentation of the Product(s) on the Site, in accordance with Dutch consumer law, particularly the Dutch Civil Code’s provisions regarding non-conformity (primarily in Book 7, articles 7:17 to 7:24 BW), they will be replaced or reimbursed, at the Customer’s choice.
    To do so, the Customer must return the Product with the defect of conformity to Aprifume, in its original condition, with the original labels and accompanied by the original packaging and the delivery note, by informing Aprifume beforehand by e-mail at the following address: [Insert Email Address Here]. If the Customer does not do so, Aprifume will not repair or reimburse the returned defective Product(s). In the event that the return of the defective Product(s) is well founded, Aprifume will refund the defective Product and the delivery costs, within a maximum of fourteen (14) days, to the exclusion of any other compensation.
    7.3 Under no circumstances may repair or refund be requested and/or made in shop when the Products have been purchased online.
    7.4 Except for the above, no exchange or repair of the Product(s) is allowed.
    7.5 Under Dutch law, specifically Book 7, articles 7:17 to 7:24 of the Dutch Civil Code (Burgerlijk Wetboek, BW):
  • A delivered item must conform to the agreement (non-conformity). This means that the product should possess the qualities that the buyer, based on the agreement, may expect, considering all circumstances, including the nature of the item, the information provided by the seller, and the relevant social context.
  • If a product is not in conformity, the buyer can request repair or replacement of the item. If repair or replacement is not possible or cannot be expected from the seller, the buyer may request a reduction in the purchase price or terminate the contract.
  • The buyer must report any non-conformity to the seller within a reasonable time after discovery, preferably in writing.
  • The presumption in Dutch law is that defects appearing within six months of delivery existed at the time of delivery, unless the seller can prove otherwise.
  1. Liability
    8.1 Aprifume is only bound by an obligation of means.
    8.2 The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
    8.3 Aprifume disclaims any liability for any form of damage arising from or related to the use of their products, regardless of the nature or circumstances of such use. This includes, but is not limited to, use that does not correspond to the intended purpose as a fragrance product, such as direct application to damaged skin, ingestion, contact with the eyes, use as a household cleaning agent, or application to materials that may be damaged as a result. It also includes damage caused by improper storage, mixing the product with other substances, or use in combination with other cosmetics. Under no circumstances shall Aprifume be liable for any direct, indirect, incidental, special, consequential, or any other damages arising out of the use of the products.
    8.4 The Customer, prior to placing an order, declares that he/she has full legal capacity to enter into a commitment under these terms. Aprifume can in no way be required to verify the legal capacity of its visitors and Customers of the Site. Accordingly, if a person without legal capacity were to order items from the Website, their legal guardians would assume full responsibility for that Order and would be required to pay the price.
    8.5 Aprifume does not warrant that the Website will be available continuously. Notably, Aprifume shall not be held liable for: interruptions or delays on the Website due to technical breakdowns, overmacht, the actions of third parties, or any circumstances whatsoever, beyond its control; The impossibility for the Customer to access the Website temporarily.
    8.6 Aprifume shall not be liable for the loss, alteration, or unauthorized access to the Customer’s personal data, the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or from e-mail transmissions.
    8.7 Without limiting the scope of these terms, Aprifume’s liability shall be limited to direct damages only.
    8.8 Aprifume reserves the right to suspend the operation of the Website.
  2. Overmacht/Superior Force
    9.1 Aprifume shall not be held responsible for the poor execution or total or partial non-execution of its obligations due to the Customer, unforeseeable and insurmountable act of a third party to the contract, or overmacht. These events constitute a cause for suspension and/or extinction of Aprifume’s obligations towards the Customer, without compensation to the Customer.
  3. Withdrawal
    10.1 The Customer has a period of fourteen (14) calendar days from the date of delivery to exercise his/her right of withdrawal and request a refund of the Product(s) ordered with which he/she is not satisfied.
    10.2 A form allowing the Customer to exercise his/her right of withdrawal is attached as Appendix 1 on the last page of the GTCS.
    10.3 In order to exercise his/her right of withdrawal, the Customer must imperatively, within 14 days of delivery, return the withdrawal form together with the complete Product(s), in perfect condition and in their original packaging and an accompanying letter to the following address:: Lutherkingstraat 1, 6191BW, Beek – The Netherlands
    10.4 Any Product that is damaged, used, marked, modified or not returned in its original packaging shall not be eligible for the right of withdrawal.
    10.5 In accordance with Dutch Civil Code, Book 7, Article 230d, the right of withdrawal does not apply to Products made to the Customer’s specifications or clearly personalized, i.e. custom made perfume creations or special orders.
    10.6 Aprifume undertakes to reimburse the Customer for the totality of the sums paid, including the delivery costs, except for the return costs. The refund will be made in the same way as the order, within a maximum of 14 (fourteen) days after the exercise of the right of withdrawal by the Customer, or at the latest from the latest of the following dates: either the day Aprifume receives the returned products, or the day the Customer provides proof of shipment of the goods for which he/she has exercised his/her right of withdrawal, whichever is the earlier.
    10.7 In the event of a partial return of Products, only the price of the returned Products will be reimbursed by Aprifume and not any delivery charges, provided that the Customer has benefited from the delivery service for the retained items and that the delivery charges do not change according to the volume ordered.
  4. Confidentiality and Personal Data
    11.1 Aprifume uses all means to ensure the confidentiality and security of the data collected from the Customer through the Website.

11.2 In accordance with the Dutch Data Protection Act (Wet bescherming persoonsgegevens), the Customer has the right to access, modify, rectify, oppose, and delete personal data concerning him. He may exercise this right by sending his request by email to: info@aprifume.com.
11.3 All information relating to the confidentiality of personal data practiced by Aprifume is available in the “Privacy Policy” section of the Website.

  1. Intellectual Property
    12.1 Intellectual Property Ownership
    The trademark “Apricus Anti Vodka,” all other trademarks and logos related to Aprifume, registered or not, displayed on the Website as well as the domain name “www.aprifume.com” are the exclusive property of Aprifume.
    12.2 The Website as a whole, as well as the elements of which it is composed (notably texts, soundtracks, software, animations, photographs, videos, illustrations, logos, and more generally any distinctive sign, etc.) constitute intellectual works protected by the provisions of the Dutch Copyright Act. The Website and its components are the exclusive property of Aprifume, which is the only party entitled to use the intellectual property rights and personality rights relating thereto, in particular trademarks, models, copyright, and image rights.
  2. Intellectual Property Rights for Media Content
    13.1 Aprifume asserts its exclusive ownership of all intellectual property rights for all images, videos, and other media content (“Media Content”) displayed on its website [www.aprifume.com] and its associated social media platforms. This includes, but is not limited to, photographs, illustrations, graphics, videos, and audio-visual materials.
    13.2 The Media Content is protected under intellectual property laws and is solely intended for informational and promotional purposes. Any reproduction, distribution, transmission, modification, or use of these materials, for any purpose, without the express prior written consent of Aprifume, is strictly prohibited. Unauthorized use of any of this Media Content may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
    13.3 For permissions, inquiries, or further information regarding the use of our Media Content, please contact us directly at info@aprifume.com.
  3. Sanctions
    The use of all or part of the Website, especially by downloading, reproduction, transmission, representation or dissemination for purposes other than for the personal and private use of the Internet user for non-commercial purposes, is strictly prohibited. Violation of these provisions shall subject its author to the penalties provided for both by the Dutch Copyright Act and by the Dutch Civil Code.
  4. Hypertext links
    The creation of any hypertext links to any of the web pages or elements comprising the Website is prohibited, except with the prior written authorization of Aprifume, which authorization may be revoked at any time. All sites with a hypertext link to the Website or any of its components are not under the control of Aprifume, and Aprifume, therefore, declines all responsibility (including editorial responsibility) for the access and content of these sites.
  5. Applicable law and jurisdiction
    These General Terms and Conditions of Sale (GTCS) and the contractual relationship between Aprifume and the Customer shall be governed and construed in accordance with the laws of the Netherlands unless local law is of public order. All disputes or differences that may arise in connection with or in relation to these GTCS, or in connection with the relationship between the Parties, shall be first submitted to a consumer mediator in the Netherlands. Should no amicable settlement be reached, any disputes will be submitted to and definitively settled by the Courts of the Netherlands.

Appendix 1
Model Withdrawal Form
(fill in this form only and return it if you want to withdraw from the contract)

  • To: [Name of the trader]
    [Trader’s geographical address]
    [Trader’s fax number, if available]
    [Trader’s email address or electronic address]
  • I/We* hereby give notice that I/we* withdraw from our contract regarding
    the sale of the following products: [Description of the product]*
    withdraw/withdrawn
  • Ordered on/Received on [Date of ordering for services or receiving for products]
  • [Name of consumer(s)]
  • [Address of consumer(s)]
  • [Consumer(s) signature] (only if this form is submitted on paper)
  • [Date]

*Delete as appropriate or fill in as applicable.

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