T&C'S

General Terms and Conditions of Use of the website – Akro

PREAMBLE

Akro Fragrances is the site accessible at https://akrofragrances.com  through which the company LES INFLUENCEURS (trade name: AKRO), in its dual capacity as Seller and Operator of the Site, offers to consumer customers (hereinafter "the Customers") the sale of its perfumery products (hereinafter "the Products") (hereinafter "the Site").

ANY USE OF THE SITE FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER'S UNRESERVED ACCEPTANCE OF THESE GENERAL CONDITIONS OF USE (GTCU).

Article 1. Purpose

The present GTCU, concluded between on the one hand, the Company LES INFLUENCEURS (trade name: AKRO), simplified joint stock company with a capital of 20.000 €, registered with the Trade and Companies Register of Cannes under the number 839 616 232, whose registered office is located at 5 et 5bis rue de Montenotte, 75017 Paris, represented by Olivier CRESP in his capacity as President, (hereafter "Akro") and the User on the other hand (hereafter indicated collectively "the Parties") have for object to fix the contractual provisions relating to the respective rights and obligations of the Parties within the framework of the use of the Site and the whole of the Services which are proposed there.

The Company LES INFLUENCEURS (trade name: AKRO) thus intervenes, at the same time, as Seller of its own products on the Site and as Operator of the latter. It remains however understood that Akro in the sense of the present GTCU does not have the quality of operator of platform in the sense of the article 111-7 of the Code de la consommation nor that of host in the sense of the article 6 I.2° of the loi du 21 juin 2004 pour la confiance dans l’économie numérique.   

It is further understood that the actual sale of Products to Customers is not governed by these General Terms and Conditions of Use but by the Seller's General Terms and Conditions of Sale available at the following address: https://akrofragrances.com/pages/t-cs.

Article 2. Definitions

The terms mentioned below have the following meaning in these General Terms of Use:

  • “Akro": refers to the LES INFLUENCEURS Company (trade name: AKRO), a simplified joint stock company with a capital of € 20.000, registered in the Cannes Trade and Companies Register under number 839 616 232, whose registered office is located at 5 et 5bis rue de Montenotte, 75017 Paris, in its capacity as Operator of the Website.

 

  • “Customer": refers to any person who guarantees to be a consumer as defined by French law and jurisprudence, who accesses the Site and places an Order for Products. In this respect, it is expressly stipulated that the Customer is a natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.

 

  • “Order": refers to the purchase of Products from the Seller by a Customer on the Site;

 

  • “Seller's General Terms and Conditions of Sale" or "Seller's GTCS": refers to Akro's general terms and conditions of sale available at the following link: https://akrofragrances.com/pages/t-cs;

 

  • “General Terms and Conditions of Use" or "GTCU": refers to the present contractual conditions made available on the Site's home page governing the use of the Site and which all Site Users must accept when registering on the Site;

 

  • “Content": refers to all the information, texts, logos, trademarks, animations, drawings and models, photographs, images, data and, in general, all the elements and content of Users published on the Site in accordance with the terms, form and conditions offered in the context of the Services;

 

  • “Parties": in the plural, means Akro and the User together. In the singular, refers to only one of the two Parties;

 

  • “Products": refers to any product that can be sold on the Site by a Seller, in particular perfumery products;

 

  • “Services": refers to all the services offered by Akro to Users via the Site;

 

 

  • “User": refers to any person accessing and browsing the Site, whether a Seller, a Customer or an ordinary Internet user;

 

  • “Seller": refers to the LES INFLUENCEURS Company (trade name: AKRO), a simplified joint stock company with a capital of € 20.000, registered with the Cannes Trade and Companies Register under number 839 616 232, whose registered office is located at 5 et 5bis rue de Montenotte, 75017 Paris in its capacity as Seller of its products on the Site.

In this respect, it is expressly provided that the Seller is a private legal entity, acting for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity.

Article 3. Acceptance of the General Terms and Conditions of Use

Use of the Site's functionalities and Services implies acceptance of these GTCU.

The User therefore undertakes to read these GTCU carefully when accessing the Site and is invited to download, print and keep a copy of them.

Article 4. Technical specifications

By using the Site, the User acknowledges that he/she has the necessary means and skills to use the functions offered on the Site.

The equipment required to access and use the Site is at the User's expense, as are any telecommunications costs incurred by its use.

The User agrees to comply with the technical specifications relating to the uploading or insertion of Content on the Site, in particular any limit on weight, size, dimension, character, formatting or other relating to the Content that he/she intends to upload on the Site for any reason whatsoever.

Article 5. Services

5.1. Services accessible to any User

The main Service offered by Akro consists in putting the Seller in direct contact with Customers for the sale of one or more Products.

5.2. Services accessible to all Users

Any User who becomes a Customer can access the following functionalities:

5.2.1. Product orders

Any User may place an Order for Products offered by the Seller via the Site.

All Product Orders shall be governed by the Seller's General Terms and Conditions of Sale.

5.2.2. Payment for Products

The Customer may pay for Products online on the Site using the payment methods indicated in the Seller's GTCS.

Article 6. Obligations of the parties

6.1. Obligations of Users

When using the Site, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GTCU.

Each User is obliged to:

  • To behave in a loyal and reasonable manner towards Akro and third parties;

 

  • Be honest and sincere in the information provided to Akro and, where applicable, to other Users;

 

  • To use the Site in accordance with its purpose as described in these GTCU;

 

  • Not divert the purpose of the Site to commit crimes, offences or contraventions punishable by the Code Penal or by any other legal or regulatory provision;

 

  • Respect the privacy of third parties and the confidentiality of exchanges;

 

  • Respect Akro's intellectual property rights relating to the elements of the Site and, where applicable, the intellectual property rights of other Users;

 

  • Not to seek to undermine, within the meaning of articles 323-1 et seq. of the French Code Penal, the automated data processing systems implemented on the Site, in particular through practices such as web-scraping;

 

  • Not to modify the information put online by Akro or by another User;

 

  • Not to use the Site to send unsolicited mass messages (advertising or other);

 

  • Not to disseminate data that would have the effect of reducing, disorganising, slowing down or interrupting the normal operation of the Site.

In compliance with the legal and regulatory provisions in force and in accordance with the law du 29 juillet 1881 relative à la liberté de la presse, the User undertakes not to disseminate any message or information:

  • Constitutes wrongful denigration targeting Akro or the Site's Users;

 

  • Contrary to public order and morality;

 

  • Offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;

 

  • Inciting discrimination or hatred of a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;

 

  • Threatening a person or group of persons;

 

  • Of a paedophile nature;

 

  • Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;

 

  • Inciting suicide;

 

  • Directly or indirectly enabling third parties to obtain pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the security of persons and property to be infringed;

 

  • Of a commercial nature (canvassing, soliciting, prostitution, etc.).

6.2. (◦)'s obligations as Site Operator

Akro's general obligation as Site Operator is an obligation of means. It has no obligation of result or reinforced means of any kind.

Akro undertakes to do everything in its power to ensure continuity of access to and use of the Site 7 days a week and 24 hours a day.

However, Akro draws the attention of Users to the fact that current Internet communication protocols do not allow the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) to be guaranteed in a certain and continuous manner.

Article 7. Liability

7.1. General principles

Akro declines all responsibility in particular:

  • In case of impossibility to temporarily access the Site for technical maintenance operations or updating of the published information. Users acknowledge that Akro may not be held liable in the event of malfunctions or interruptions in the said transmission networks;

 

  • In the event of viral attacks, illicit intrusion into an automated data processing system;

 

  • In the event of abnormal use or illicit exploitation of the Site by a User or a third party;

 

  • With regard to the content of third-party websites to which hypertext links on the Site refer;

 

  • In the event of non-compliance with these GTCU attributable to Users;

 

  • In the event of delay or non-fulfilment of its obligations, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined in article 8 hereof;

 

  • In the event of a cause beyond Akro's control;

In the event of abnormal use or illicit exploitation of the Site, the User is then solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result.

7.2. Disputes between Customers and the Seller

It is specified that any dispute arising between a Customer and the Seller must be dealt with between them, the Seller remaining solely responsible for the Products ordered via the Site.

Article 8. Force majeure

Akro cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these GTCU results from a case of force majeure.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the GTCU were concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the GTCU. If the impediment is definitive, the GTCU shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Code Civil.

In the event of the occurrence of an event taking the characteristics of the force majeure, Akro will endeavour to inform the User as soon as possible.

Article 9. Intellectual property rights

The User acknowledges Akro's intellectual property rights on the Site, its components and related contents and waives the right to contest these rights in any form whatsoever.

The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Site, with the exception of Content published by Users, are the exclusive intellectual property of Akro and may not be reproduced, used or represented without the express authorisation of Akro, under penalty of legal proceedings.

Any representation or reproduction, total or partial, of the Site and its contents, by any process whatsoever, without the prior express authorisation of Akro, is prohibited and will constitute an infringement punishable by articles L 335-2 et seq. and L 713-1 et seq. of the French Code de la propriété intellectuelle.

In particular, as the producer of a database, Akro expressly prohibits:

  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;

 

  • Re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form whatsoever;

 

  • Reproduction, extraction or reuse, by any means, including methods similar to scrapping of content (photographs, descriptions, etc.) published by Akro.

Acceptance of these GTCU implies recognition by Users of Akro's intellectual property rights and a commitment to respect them.

Akro grants a personal, non-exclusive and non-transferable licence to Users authorising them to use the Site and the information it contains in accordance with these GTCU.

Any other use of the Site and its contents is excluded from the scope of the present license and cannot be carried out without the prior express authorization of Akro.

Article 10. Protection of personal data

The whole of the policy linked to the processing of personal data implemented by Akro is detailed in the Privacy Policy of the Site, available here: https://us.akrofragrances.com/pages/privacy-policy  [].

Concerning the cookies used on the Site, the User is invited to consult Akro's Cookies Charter available at the following address: [t link to "(◦) Cookies Policy"].

Article 11. User service

Any questions or complaints regarding the use or operation of the Site may be sent by email to: hello@fragrances.com.

Article 12. Validity of the GTCU

If any one of the stipulations of these GTCU is declared null and void by virtue of a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable.

Such a modification or decision does not in any way authorise Users to disregard these GTCU.

Article 13. Modification of the GTCU

These GTCU apply to any User browsing the Site.

The GTCU may be modified and updated by Akro at any time, in particular to adapt to legislative or regulatory changes.

Article 14. General provisions

The fact that one of the Parties has not required the application of any clause of these GTCU, whether on a permanent or temporary basis, may under no circumstances be considered as a waiver of the said clause.

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 15. Language

These GTCU are written in French with a version available in English. It is understood that the French version shall prevail in the event of any dispute.

Article 16. Promo code

The promotional code WELCOME10 is valid only for orders with a minimum amount of €160.

Article 17. Jurisdiction and applicable law 

THE PRESENT GTCU AS WELL AS THE RELATIONS BETWEEN THE USER AND AKRO ARE GOVERNED BY FRENCH LAW.

In the event of a dispute arising between Akro and a User concerning the interpretation, execution or termination of these GTCU, the Parties will endeavour to settle it amicably.

In such a case, the User is first invited to contact Akro's user service under the conditions provided in article 11 - User Service.

In the event that no amicable agreement can be reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including one concerning its validity.

In application of article L 616-1 of the Code de la consommation, the User who is a consumer within the meaning of the introductory article of the Code de la consommation may, in order to initiate the mediation procedure, contact the mediator appointed by Akro, namely [], who may be contacted in the following ways:

  • By means of an online form accessible on the Consumer Ombudsman website, i.e. [];

 

  • By post by writing to the following address: [].

 

Any consumer may also have recourse to the European Online Dispute Resolution Site accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.  

The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements relevant to the dispute and/or its understanding.

As mediation is not compulsory, the consumer User or Akro may withdraw from the process at any time.

 

IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE BEEN SUBJECT TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURTS UNDER THE JURISDICTION OF THE PARIS COURT OF APPEAL.