Terms and conditions




Date of publication: September 5th, 2025


Parfum Francis Kurkdjian, a simplified joint-stock company (SAS) with a capital of €113,140, with a registered office located at 35 boulevard des Capucines, 75002 Paris, and Paris Trade and Companies Register number 508343886 (hereinafter "PFK") uses its website www.franciskurkdjian.com (the "Site") to sell perfumery and cosmetic products designed in line with the requirements of French perfumery tradition (the "Products").


Telephone: +33 1 72 95 09 89 (cost of a local call) on Mondays from 9 am to 7 pm and from Tuesday to Friday from 10 am to 7 pm.

Online contact: via the "Contact Us" button on the Site.

PFK is the owner of the www.franciskurkdjian.com website.

Mr. Marc Chaya, President of MHC Holding, the parent company of PFK, is the Site's publishing manager.

Site Host: DEMANDWARE, LLC-5 WALL STREET, BURLINGTON, MA 01803, USA, TEL: +1 781-425-1400


These General Terms and Conditions of Sale (hereinafter the "T&Cs") are intended to define the terms and conditions for the online sale of Products by PFK to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. These T&Cs apply to all orders for Products placed via the Site, with the exception of "special orders" or "custom-made" Products or Parfums d’Exception, by end consumers.


These T&Cs are applicable to all orders placed for delivery to Monaco, San Marino and the European Union, with the exception of certain specific islands and territories. To check if your address is eligible for delivery and to find out what delivery options are available, please enter your post code in the "Delivery" section during the checkout process.


With regard to purchases made by Customers located outside the EEA (excluding the USA), it is specified that PFK has an agreement with Global-e (a French company whose registered office is located at 320 rue Saint-Honoré, 75001 Paris, France) whereby PFK requests Global-e to act as seller of the Products, in its name and on behalf of PFK. Global-e's T&Cs are available by clicking on this link: https://www.global-e.com/tos.

 

The General Terms and Conditions of Sale are made available to Customers on the Site: https://www.franciskurkdjian.com/eu-en/terms-and-conditions/PDLS00.html. Customers may save or print these T&Cs at any time by clicking on the "Print/PDF" link, provided that they do not modify them. A copy of these will also be sent with the order confirmation email.


GTCS Print/PDF

PFK reserves the right to update the T&Cs at any time. In the event of changes to the T&Cs, the applicable T&Cs are those in force on the date of the order, these are available in the order confirmation email.


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


Given the prestigious nature of the Products, their sale is carried out through a selective distribution network. Consequently, the Products may not be distributed or resold under any circumstances.

I. Availability

The Products offered for sale by PFK are those presented on the Site on the day the Customer visits, within the limit of available stocks and according to the conditions of sale, in particular pricing, specified on the Site.


PFK reserves the right to modify the Products presented for sale on the Site and the terms of sale at any time and without notice.


PFK takes the utmost care in the presentation and description of the Products. However, if significant errors or omissions appear on the Site, PFK cannot be held liable in any way. It is understood that the photographs of the Products are for illustration purposes only and are not contractual.


PFK does not guarantee the availability of the Products presented on the Site. In the event of one or more Product(s) being unavailable after the order has been placed, PFK will notify the Customer by e-mail or by telephone as soon as possible about the lack of availability of the Product(s) and the possible cancellation of their order.


In the event of complete cancellation of the order due to lack of availability, the Customer's order will be automatically cancelled and their bank account will not be debited. If the bank account has already been debited, PFK will reimburse the Customer no later than 14 days from the date of payment. 


In the event of partial cancellation of the order due to a lack of availability:

the Customer's order will be confirmed and their bank account will only be debited for the total amount of the Products actually shipped;

the Customer will be notified as soon as possible, by telephone or email, of the lack of availability of the Products concerned;

the Customer will receive the Products that are available.


PFK cannot be held liable for any Product shortage or lack of availability.


Any order may be accompanied by free samples chosen by the Customer if the Customer expressly requests to receive such samples, up to a maximum of two samples per order and subject to available stock. In the event of the requested samples being unavailable at the time of ordering, no replacement will be provided and the Customer will not be notified in advance of this.

II. Price

The terms and conditions of sale of the Products, specifically the pricing, is that in force at the time the order is accepted.


Product prices are fixed. They are indicated in euros, including all taxes. PFK reserves the right, which the Customer accepts, to modify the prices of the Products on the Site at any time and without notice, other than to make the changes on the Site. However, these changes will not affect orders that the Customer has confirmed before these changes come into being, subject to the availability of the Products ordered at that time.


Product prices displayed on the Site do not include delivery costs. Delivery methods and costs are determined during the order process, before the Customer confirms the order. The various delivery arrangements are also detailed hereinafter in the General Terms and Conditions of Sale and may be modified at any time by PFK. However, these changes will not affect orders that the Customer has confirmed before these changes come into effect.


Delivery costs are either the responsibility of the Customer or PFK depending on the country/region of delivery and the option chosen by the Customer, according to the following terms:

For metropolitan France: Colissimo, free.

For the European Union (excluding France), San Marino and Monaco: depending on the country/region, Colissimo, free or DHL (express) for which an additional contribution will be requested from the Customer, depending on the delivery country/region and current DHL rates on the day of the order.


To check if your address is eligible for delivery and to find out the available delivery options, please enter your post code in the "Delivery" section during the checkout process.


The price invoiced to the Customer is the price indicated on the Site at the time of the order confirmation, sent by e-mail by PFK.


The Customer acknowledges that, depending on the country/region of delivery chosen at the time of the order, they may have to pay customs and/or import duties in accordance with the legislation in force in said country/region. These fees will be in addition to the price of the Products indicated on the Site.


In addition, it is specified that for customers residing outside the EU and having their products delivered in France, no tax refund service will be offered through the Site. To benefit from this service, the Customer is invited to visit a PFK Store located in France, the list of which appears on the Site.

III. Retention of title

The Products ordered remain the property of PFK until the full payment of their price has been received by PFK, this comprises the value of the Products and any fees and taxes indicated on the invoice.

IV. Order procedures

1. Customer orders on the Site

 

1.1 Site navigation

By browsing the Site, the Customer has the opportunity to read about the different Products offered for sale on the day of their visit.

Browsing the Site does not oblige the Customer to place an order.


1.2 Order process on the Site

When browsing the Site, Customers wishing to place an order may do so by following this process established by PFK:


To place an order on the Site, the Customer must be at least 16 years old, have legal capacity and hold a bank card (Carte Bleue, Visa, Master Card, American Express, JCB, Diners club or Discover exclusively) and/or a PayPal account. It is specified that the Products are intended for the Customer’s personal use, without any direct connection with the latter’s professional activity.


In the event of an order appearing out of the ordinary, the order may be considered void and will not be taken into account by PFK. An order is considered out of the ordinary when the Customer purchases more than 6 of the same Products.


To confirm their order, the Customer must complete the following steps in order:


Step 1: Identify and select the Product

The Customer must select one or more Product(s) offered on the Site. On the Product description, the Customer has the option to select a paid engraving service that allows them to personalise the Product with an inscription of their choice. The engraved text is the Customer's responsibility and must under no circumstances infringe the rights of third parties, notably intellectual property rights, nor be defamatory, insulting, unlawful or discriminatory. If it is, PFK reserves the right to refuse to engrave messages and to cancel the corresponding order.

The Customer then clicks on the "Add to cart" button, which appears next to each Product viewed, and indicates the desired quantities.


By clicking on "View cart", the Customer can see the items added to their cart and remove or add to them at any time.


On the shopping basket page, the Customer is invited, before finalising their order, to enter any discount codes they may have and has the option to select (or decline) 2 free samples (2ml size) from those offered by PFK in the drop-down list (if stocks are available). In the event that the samples requested at the time of the order are unavailable, no replacement will be made in the order and the Customer will not receive notification of this.


In the event of an order exceeding a specified amount determined at the time of the transaction, the Customer may be invited to select one or more gifts from a selection offered by PFK.


The Customer then has the option of adding a gift message to their delivery.


By confirming their basket ("confirm order" button), the Customer initiates the order process. It is the Customer's responsibility to check the virtual basket and modify, if necessary, the content of this basket and/or the desired quantities of each Product.


If they have not already done so, the Customer must then log in to the Site using their email address and password or create an account if this is their first order. They can also choose to proceed without creating an account. This process requires the Customer to provide their complete contact details (title, surname, first name, billing address, email address, telephone number, date of birth), as well as the delivery address. The Customer undertakes to provide accurate data regarding their identity.


The Customer is then invited to choose their contact preferences (email, post, telephone, SMS), to tick the box "I wish to receive the Maison Francis Kurkdjian newsletter" if they wish, and to specify if the billing address is different from the delivery address by ticking the box "Use this address as the billing address".


The Customer is then invited to click on the "Confirm" box.


The Customer is then redirected to the "delivery" stage.



- Step 2: the "delivery" stage

The Customer is invited to edit the delivery address and modify it if necessary.

Deliveries are made according to the following terms:

- For metropolitan France: Colissimo, free.

- For the European Union (excluding France), San Marino and Monaco: depending on the country/region, Colissimo, free or DHL (express) for which an additional contribution will be requested from the Customer, depending on the delivery country/region and current DHL rates on the day of the order.


However, the Customer acknowledges that, depending on the country/region of delivery chosen at the time of the order, they may have to pay customs and/or import duties in accordance with the legislation in force in said country/region.


To check if your address is eligible for delivery and to find out the available delivery options, please enter your post code in the "Delivery" section during the checkout process.

The Customer is then invited to click on the "next step" button.


- Step 3: the "confirmation" stage

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).


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


The Customer is then invited to choose the payment method, the only possible methods are Bank Card (Carte Bleue, Visa, Master Card, American Express, JCB, Diners Club or Discover exclusively) or PayPal. Payment by cheque or cash is not accepted.


(i)To pay by bank card

The Customer selects the type of Bank Card they wish to use to make the payment (Carte Bleue, Visa, Master Card, American Express, JCB, Diners Club or Discover exclusively).


Bank cards issued by banks domiciled outside France must be international cards.


The Customer must enter their card number, expiry date, the name of the cardholder and the security code corresponding to the final numbers written on the back of their bank card. The Customer is then automatically switched to the CYBERSOURCE secure payment server, which is PFK's secure payment provider, to authenticate their payment. This means that none of the Customer's banking passes through PFK. Payment by bank card is therefore completely secure.


The bank card is debited when the order is shipped.


By making this payment, the Customer guarantees that they are fully entitled to use the bank card to pay for the order and that this card offers sufficient funds to cover all costs resulting from this order. If the bank refuses, the order will be automatically cancelled.


By providing payment card details, the Customer agrees that PFK will proceed with the secure transaction.


As part of efforts to combat internet fraud, order information is checked by PFK's designated payment partner: CYBERSOURCE Ltd. a company registered in the United Kingdom ("CYBERSOURCE"). CYBERSOURCE is a secure payment operator. This company is the data controller for payment, storage and the automated processing of information relating to each order, including bank details, in a secure environment.


Order information is processed automatically by CYBERSOURCE, the data controller. The purpose of this automated data processing is to determine a risk analysis level for the transaction and to combat payment fraud, particularly bank card fraud.

CYBERSOURCE and PFK are the recipients of the data related to the Customer's order. Failure to transmit data in connection with the Customer's order prevents the completion and analysis of a transaction.


Non-payment due to fraudulent use of a bank card or another means of payment will result in CYBERSOURCE recording the details pertaining to said order in a "payment incident" file implemented by CYBERSOURCE. An unusual statement or anomaly may also be subject to specific processing.


The Customer has the right to access, modify and delete their own personal data at any time by writing to PFK, providing proof of their identity, via the contact us form on the Website.


(ii)To pay via Paypal

When the order is confirmed, if the Customer chooses the "PayPal" payment option, they are automatically redirected to the "PayPal" platform.


The Customer must then log in to their "PayPal" account using their credentials. If the Customer does not have a PayPal account, they can create one when directed to PayPal. After confirming the order with "PayPal", the Client will be redirected to the franciskurkdjian.com payment confirmation page.


The Customer must read these T&Cs, which will be available by via a hypertext link, and tick the box "I have read and accept the general terms and conditions of sale".


Ticking the box to accept the T&Cs when placing an order constitutes the Customer's express, unreserved acceptance of these terms and conditions.

From the moment the Customer clicks the "proceed to payment" button, the sales contract is considered to have been definitively concluded. As soon as the order is confirmed, it is sent for processing. It may only be modified or cancelled under the conditions expressly provided for in these General Terms & Conditions of Sale or under the conditions required by applicable law.


The data recorded by the www.franciskurkdjian.com Site constitutes proof of all transactions carried out between PFK and its Customers. In the event of a dispute regarding a transaction carried out on the Site, the data recorded by PFK is considered irrefutable proof of the content of the transaction.

Note that the order is only validated and shipped after confirmation of valid payment made by the Client.


In the event that, for any reason whatsoever (exceeding the order limit, opposition, refusal by the issuing centre to authorise the payment, etc.), it proves impossible to debit the amount due by the Customer, the order will not be registered by PFK, and the Customer will be informed by email without delay. In order to combat fraud and ensure that the Customer is indeed the holder of the means of payment used, PFK reserves the right to ask the Customer for a copy of their identity card and bank card, for any order with a total over €500, including VAT (excluding delivery costs).


PFK 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, PFK will inform the Customer by email. If the Customer fails to remedy the situation with PFK, PFK reserves the right not to process the order.


PFK reserves the right to refuse any order from a Customer who clearly wishes to resell the Products for commercial purposes. As such, any order that appears out of the ordinary may be considered void and will not be taken into account by PFK. An order is considered out of the ordinary when the Customer purchases more than 6 of the same Products.


PFK reserves the right to refuse any order from a Customer in the event of a shortage of stock of the Product concerned, a request for customisation that does not comply with the provisions of these T&Cs or for any other legitimate reason.


The terms and conditions of use of the loyalty programme are made available to Customers on the Site at the following address: https://www.franciskurkdjian.com/eu-en/terms-and-conditions-loyalty-program/PDLS05.html


In the event of inappropriate behaviour by the Customer towards PFK staff or members of the Customer Services team (violent, defamatory, obscene, shocking, indecent, insensitive remarks, etc.), PFK reserves the right to change the Customer’s contact person, to report this Customer to Customer Services, to no longer respond to this Customer by blocking their number and/or by excluding them from its customer database.


1.3 Order Confirmation by PFK

Following the validation of payment by the Customer, an email summarising the order is sent to the Customer by PFK as soon as the order is registered.


To this end, the Customer formally accepts the use of e-mail by PFK to confirm the content of their order. This email, which serves to acknowledge receipt of the order, details all the essential conditions of the order, namely: 

the order number.

the date and time of the order;

the payment method;

the Customer's identity and contact details;

the nature, quantity and price of the Products purchased;

selected samples;

delivery costs and methods;

the total amount of the order (including delivery costs);

information relating to PFK's identity and contact details;

the Customer's rights and guarantees as set out in Article V of the General Terms and Conditions of Sale, and the conditions, time frames and processes for exercising their right of withdrawal as set out in Article VI of these T&Cs;

the invoice, proof of payment confirmation. Invoices are also provided at the time of delivery.


The order confirmation email details the right of withdrawal and includes the General Terms and Conditions of Sale as a PDF document.


The confirmation of payment by the Customer and the email confirming the acceptance of the order by PFK will constitute proof of the acceptance of said order and its final validation. These elements will cause the sums incurred for the Products in the order to become due and payable.


1.4 Order shipping

Please note that the order is only shipped after verification of the payment method and receipt of the authorisation to debit the Customer's bank card.

In the event of some of the Products ordered being unavailable (see Availability), only the price and any delivery costs relating to the available Products that are delivered will be debited.


The order will be processed within a maximum period of thirty (30) days from the day after the Customer submitted the order, subject to full payment.

Once the order has been prepared, it will be dispatched to the postal address provided by the Customer as the delivery address at the time of the order; it is specified that this address cannot be a post office box, a post office holding service, a non-fixed address or domicile (that is to say, and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed service addresses), a hotel or other accommodation or a collective place where an individual address cannot be clearly and permanently assigned to a natural person.


An email is sent to the Customer to inform them that the order has been shipped.


1.5 Receiving the order

As delivery is provided by a third-party service provider, the Customer is informed that PFK cannot be held liable in any way if non-performance or improper performance of this obligation is attributable to the Customer, or to the unforeseeable or insurmountable act of a third party under contract or to a force majeure.


The Products purchased will be delivered according to the terms and conditions specified in Articles II and IV.1 above, within the following average times: 2 to 5 working days from the shipping date for France, up to 3 weeks for other countries/regions depending on the country/region.


Any delivery delays must be reported as soon as possible via the contact form.


Each delivery is deemed to have been made as soon as the Product(s) is made available to the Customer by the carrier, as evidenced by the monitoring system used by this carrier.


It is the Customer's responsibility to check the conformity and integrity of the shipped Product(s), as well as the condition of the packaging at the time immediately upon receipt of the Product(s).


In case of damaged packages: 

If the delivery person is present: the Customer must refuse the delivery and detail their full, precise objections on the delivery note. In every instance, the Customer may only file a complaint with the carrier to whom they must express their objections. Any objection must be confirmed by sending a registered letter to the carrier within three (3) days of the delivery refusal. The Customer must also send notification of the delivery refusal to the following address: boutique@franciskurkdjian.com.

If the delivery person is not present: the Customer must not open the package and must return the unopened package to the Post Office within five (5) working days from delivery in order to obtain a "declaration of damage" from the Post Office. The Customer must also send notification of the delivery refusal to the following address: boutique@franciskurkdjian.com.


In the event of late, damaged or missing items, the Customer must note their full, precise objections on the delivery note upon receipt of the order. In every instance, the Customer may only file a complaint with the carrier to whom they must express their objections. Any objections must be confirmed by sending a registered letter to the carrier within three (3) days of receipt of the order.


The Customer must also notify PFK of any objections concerning a damaged Product, including full, precise details (accompanied by any documentation that may support the claim, in particular proof of purchase and photographs showing the damaged Product) within a maximum period of fourteen (14) days from receipt of the Product concerned. This should be carried out via the contact form made available to the Customer on the Site using the "contact us" button. In this case, the Customer must keep the damaged Products for the entire duration of the claim process.


Any objection concerning an order or a missing Product that has not been delivered after the indicated delivery date, for any reason other than a case of force majeure, must be sent to PFK by the Customer using the contact form available via the "contact us" button on the Site, providing full, precise details. If the Customer has reported a missing Product, an investigation will be instigated with the carrier.


If the delivery is not fulfilled within an additional reasonable time frame, the Customer may terminate the contract by exercising their right of withdrawal via the download link :

https://www.franciskurkdjian.com/on/demandware.static/-/Library-Sites-MaisonFrancisKurkdjianSharedLibrary/default/dw44d1f17e/Documents/MFK-withdrawal-march2023.pdf

or via the form set out in Annex 1 herero (link below):

Download the withdrawal form


as described in Article VI. RIGHT OF WITHDRAWAL. The sales contract will be considered terminated upon PFK's receipt of the Customer’s request informing PFK of their decision (unless PFK has delivered the Product in the meantime). In such a case, all sums paid by the Customer will then be refunded to them as soon as possible and at the latest within 14 (fourteen) days from the date on which the contract was terminated.


Please note that under Article L. 216-3 of the French Consumer Code, any risk of loss or damage to the Products is transferred to the Customer at the moment when the latter or a third party designated by them, and other than the carrier proposed by the professional, physically takes possession of these Products.



2. Ordering via Customer Service

The Customer may also place an order with PFK Customer Services via the Telephone Order Service. This service allows the Customer to order by telephone, indicating to Customer Service the desired Products and quantities.


The Telephone Ordering Service is available, at no additional cost and for all orders, on +33 (0)1 72 95 09 89 during Customer Service opening hours, or by email.


Products ordered via Customer Services may be delivered throughout France in accordance with the terms set out in these General Terms and Conditions. Products ordered via Customer Services may also be delivered throughout the European Union and to San Marino and Monaco under the conditions set out in Article II of these General Terms and Conditions of Sale.


The Customer can pay for their order by bank card (Bank card / VISA / MASTER CARD / AMEX / JCB / Maestro/ Diner club or DISCOVER) or Apple Pay, via a payment link valid for 24 hours sent by email.


This link allows the Customer to pay for their order on a secure payment platform, by entering the card number, expiry date, name of the cardholder and the security code.


The terms and conditions relating to payment by bank card are available on the payment platform. However, PFK Customer Services remains at the disposal of the Customer during opening hours for any questions or additional assistance regarding their order.


The secure payment platform is operated by our partner, Adyen, a secure payment operator. So none of the Customer's banking information is transmitted to PFK, and the payment is completely secure. Once payment has been made, the Products are entrusted to the shipping provider for delivery to the selected address.


It is specified that orders placed via Customer Services are treated the same way as orders placed on the Site, and that, consequently, these General Terms and Conditions of Sale are also applicable to these orders.

V. Statutory warranty - Commercial warranty contract - Liability - Force majeure

1. Legal Warranty

PFK, as a professional seller, guarantees that the Products are suitable for the intended use, and do not present defects or hidden defects making them dangerous or unfit for their normal use.

In the event of Product(s) not conforming with the information provided when the Product(s) were presented on the Site, and in accordance with Articles L.217-1 et seq. of the French Consumer Code, or if these Products have hidden defects as referred to in Articles 1641 et seq. of the French Civil Code, they will be repaired, replaced or refunded according to the Customer's wishes. The professional entity responsible for the legal warranty of conformity and against hidden defects is :



PERFUME FRANCIS KURKDJIAN SAS

35 boulevard des Capucines,

75002 Paris

Phone: +33 1 72 95 09 89

Email contact: boutique@franciskurkdjian.com


In accordance with Article D211-2 of the French Consumer Code:

null

*L. 217-1

**Article L. 241-5 of the French Consumer Code

***Articles 1641 to 1649 of the French Civil Code


To do so, the Customer must return the Product lacking conformity to PFK, in its original condition, it must bear the original labels and be accompanied by the original packaging and the delivery note. PFK must be informed in advance of the return via the contact form made available to the Customer on the Site via the "Contact Us" button.


Otherwise, PFK will not proceed with the repair, replacement, or refund of the returned defective Product.


In the event that the return of the defective Product is justified, PFK will proceed with the repair, replacement or refund of the defective Product and delivery costs, within a maximum period of thirty (30) days, to the exclusion of any other compensation. In the event that the Customer's choice results in a cost that is manifestly disproportionate compared to the other option PFK will proceed with the other option.


Under no circumstances can the repair, replacement or refund be requested and/or made in store when the Product was purchased online. 


Except as noted above, no exchange, refund or repair of the Product is permitted.


Damage resulting from modification, repair, integration or addition by the Customer is excluded from the warranty.


The warranty will not cover items damaged due to misuse.


These provisions do not stand in place of the right of withdrawal as defined in Article VI above.

 

The legal warranty of conformity applies independently of any commercial warranty that may be granted.


Pursuant to Article L.541-10-13 of the French Environmental Code, Maison Francis Kurkdjian has been assigned by the Agency for Ecological Transition (ADEME) the unique identifier FR214266_01LNLM certifying registration in the Packaging sector manufacturer register.


2. Liability

PFK is only bound by an obligation of means.

The Customer remains the sole judge of the appropriateness and suitability of the items they order for their needs and of their consumption.


PFK cannot be held liable for any use of the Products that is not in accordance with their intended purpose.


It is reiterated that the Customer, prior to placing an order, declares that they have full legal capacity, allowing them to enter into these T&Cs. PFK can in no way be required to verify the legal capacity of visitors and Customers of the Site. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians will assume full responsibility for this Order and must, in particular, honour the price.


PFK does not guarantee that the Site will be continuously available, without temporary interruption, suspension or error. In particular, PFK cannot be held liable for:

- interruptions or delays recorded on the Site due to technical breakdowns, force majeure, the actions of third parties or any circumstances whatsoever, beyond its control;

- the Customer's temporary inability to access the Site, due to events beyond its control, such as computer failures, interruptions in the telephone network, the Internet or failure of the Customer's Internet reception equipment.


PFK cannot be considered liable for (i) the loss, alteration or fraudulent access to the Customer's personal data due to mismanagement by the Customer, (ii) the processing of personal data carried out by third-party companies mentioned in these T&Cs, when they act as data controllers, (iii) the accidental transmission of viruses or other harmful elements, resulting from Internet access or email communications.


Without limiting the scope of the other provisions of the T&Cs, PFK may only be held liable in the event of proven fault exclusively attributable to it. In any event, it will be limited to direct damage only.


PFK reserves the right to suspend the operation of the Site.


3. Force majeure

PFK cannot be held liable for poor performance or total or partial non-performance of its obligations, if this is due either to the Customer or to the unforeseeable and insurmountable act of a third party to the contract, or in the event of force majeure as defined in Article 1218 of the French Civil Code. These events constitute grounds for the suspension and/or termination of PFK's obligations towards the Customer, without compensation to the Customer.

VI. Right of withdrawal

In accordance with the provisions of Article L.221-18 of the French Consumer Code and European Directive No. 2011/83/EU of 25 October 2011 relating to consumer rights, the Customer has a period of fourteen (14) calendar days, from the date of receipt of the Products ordered on the Site, to notify PFK via the contact form of their wish to exercise their right of withdrawal and request a refund of the Product(s) ordered that they are dissatisfied with.


A form allowing the Customer to exercise their right of withdrawal is available at the following download link: 

https://www.franciskurkdjian.com/on/demandware.static/-/Library-Sites-MaisonFrancisKurkdjianSharedLibrary/default/dw44d1f17e/Documents/MFK-withdrawal-march2023.pdf 

and in Appendix 1 hereto (at the end of section VI).


To exercise their right of withdrawal, the Customer must, within fourteen (14) days of delivery, return the withdrawal form with proof of purchase on the Site accompanied by the complete Product(s) (all accessories, instructions, warranty, etc. should be included if applicable), in perfect condition suitable for resale and in their original packaging to the following address: DUHAMEL LOGISTIQUE Site 9 - RETOUR SAV MFK - ZA LES VIGNETTES - 27690 - LERY.


The Product(s) must be returned in the original unopened packaging, allowing for resale as new, by following the procedure detailed on the delivery note attached to the shipping package. Returned Products must be accompanied by the completed return slip received in the shipping package or downloadable from the Site.


The right of withdrawal cannot be exercised for any Product that is damaged, used, modified, bears marks or is not returned in its original packaging.


In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics and, where applicable, the proper functioning of the Product, PFK reserves the right to refuse the refund or exchange of the Product.


PFK will not issue a refund if the Products returned by the Customer do not correspond to the Products ordered or if they were not purchased on the Site.


In accordance with Article L.221-28 of the French Consumer Code and Article 16 of European Directive No. 2011/83/EU of 25 October 2011 on consumer rights, the above-mentioned right of withdrawal does not apply to Products that:

- were initially sealed and have been unsealed and/or used after delivery and therefore cannot be returned for reasons of hygiene or health protection;

- are made according to the Customer's specifications (for example, engraved) or clearly personalised, i.e. tailor-made perfume creations or special orders.


If all of the above-mentioned conditions are met, PFK undertakes to reimburse the Customer for all sums paid, including the delivery costs initially incurred by the Customer, with the exception of return costs, which will be the sole responsibility of the Customer. The refund is made using the same payment method used for the order, within a maximum period of fourteen (14) days after the Customer exercises the right of withdrawal, or at the latest from the most recent of these dates: either from the day on which PFK receives the returned Products, or from the day on which the Customer provides proof of shipment of the goods for which they have exercised their right of withdrawal, whichever comes first.


In the event of a partial return of Products, only the price of the returned Products will be reimbursed by PFK and not any delivery charges initially incurred by the Customer, insofar as the Customer has benefited from the delivery service for the items kept and the delivery rates do not change according to the volume ordered. In the event of the return of Products that have been the subject of an overall promotional offer, including one or more gifts, the gifts granted by PFK related to the purchase of one or more Products must be returned to PFK.


The return costs are the responsibility of the Customer, except in the event of a lack of conformity of the Products delivered in line with the order (in this case, the return costs are borne by PFK). PFK does not accept parcels sent with payment due by the receiver.


Any risk related to the return of the Product(s) is borne by the Customer. PFK recommends that its Customers use a parcel tracking option to avoid any inconvenience in the event of loss or theft of the Products during return transport.

Download the withdrawal form

VII. Privacy and Personal Data

PFK implements all means to ensure the confidentiality and security of the data collected from the Customer via the Site.


In accordance with the Data Protection Act and European Regulation 2016/679 of 27 April 2016 known as the General Data Protection Regulation (GDPR), the Customer has the right to access and rectify their personal data at any time, as well as the right to request its deletion, to object to its processing for legitimate reasons and to obtain its restriction or portability where applicable. They may exercise this right by sending their request by email to: dpo@franciskurkdjian.com. Proof of identity may be requested in certain cases, for reasons of security and data protection. For more information regarding the processing of personal data and the exercising of rights, we invite you to read MAISON FRANCIS KURKDJIAN's privacy policy accessible on this Site.


The Customer is informed that they may register on the French 'no telephone canvassing' list for free (www.bloctel.gouv.fr).


Minors and the responsibility of those with parental authority.



By accepting these T&Cs, you confirm that you are over 16 years of age and that you are not providing false statements about your age.


Minors are allowed to browse our website and subscribe to the services offered on our site, provided that those under the age of 16 have obtained the consent of their parent or legal guardian.


If you are the parent or guardian of a minor under the age of 16 and you authorise your child to use our services, you acknowledge that by authorising your child to use our services, you are subject to the terms of our Terms and Conditions and our Privacy Policy and are responsible for your child's activities on our website. It is your responsibility to determine which services on our website your child is authorised to use and to monitor your child's use of these services, including their purchases.


All information relating to the confidentiality of personal data handled by PFK is available in the "Privacy Policy" section of the Site.

VIII. Intellectual property

1. Ownership

The "Maison Francis Kurkdjian" trademark, the figurative mark representing the "FK" logo, all other trademarks and logos related to PFK displayed on the site, whether registered or not, as well as the domain name www.franciskurkdjian.com are the exclusive property of PFK.


The Site as a whole, as well as the elements that make it up (in particular text, soundtracks, software, animations, photographs, videos, illustrations, logos, and more generally any distinctive sign, etc.) constitute intellectual works protected by the provisions of the French Intellectual Property Code. The Site and the elements that make it up are the exclusive property of PFK, which alone is authorised to use the intellectual property rights and personality rights relating thereto, in particular trademarks, designs, copyrights and image rights.

 

2. Penalties

The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than for the personal and private use by the Internet user for non-commercial purposes, is strictly prohibited. Violation of these provisions subjects the perpetrator to the penalties provided for by both the French Intellectual Property Code and the French Civil Code.

 

3. Hypertext links

The creation of any hypertext links to any of the web pages or elements making up the Site is prohibited, except with the prior written authorisation of PFK, this authorisation may be revoked at any time. All sites with a hypertext link to the Site or any of its components are not under the PKF's control and therefore, PFK declines all responsibility (in particular editorial) concerning access to and content of these sites.

IX. Entire Agreement

The General Terms and Conditions of Sale, the order summary sent to the Client and the order confirmation email form a contractual whole and constitute the entirety of the contractual relations between the Parties. They are the only contractual documents enforceable against the Parties, to the exclusion of any other document or photograph of the Products which have an indicative value only.

X. Non-Waiver

The fact that one of the Parties does not invoke against the other Party a breach of any of its obligations referred to in these General Terms and Conditions of Sale cannot be interpreted in the future as a waiver of the obligation in question.

XI. Applicable law and jurisdiction

These T&Cs and the contractual relations between PFK and the Customer are governed by French law. Any dispute arising from the application or interpretation of the T&Cs, in the absence of an amicable settlement, falls within the jurisdiction of the French courts.


In accordance with Articles L.611-1 et seq. of the French Consumer Code, the Customer is also informed of the possibility of having recourse to the consumer mediation process in the event of dispute, the conditions of which are set by the first title of Book VI of the French Consumer Code. PFK's mediation service is the online mediation service of the CMAP (Paris Mediation and Arbitration Centre) accessible via: http://www.cmap.fr/ or at the postal address: CMAP (Consumer Mediation Service) - 39 avenue Franklin D. Roosevelt – 75008 Paris. For the referral to the CMAP to be admissible, it must include: the postal, email and telephone contact details of the Customer as well as the full name and address of PFK, a succinct statement of the facts, and proof of the preliminary steps undertaken. A request must first be sent in writing to PFK Customer Service before any request for mediation with CMAP.


Foreign clients can also turn to the website of the Commission for the Evaluation and Control of Consumer Mediation (CECMC) accessible at: https://www.economie.gouv.fr/mediation-conso and the European platform for online resolution of consumer disputes accessible at: https://ec.europa.eu/consumers/.

Download the withdrawal form