The company NAHORA SAS (hereafter “The Olfactive Studio Fragrances e-boutique’’), a simplified joint stock company with capital of 40,000 Euros, registered in the Paris Trade and Companies Register under the number 521 214 163, whose registered office is located at 231, rue Saint Honoré à Paris (75001) and whose Intra-Community VAT number is FR 76 521 214 163, is specialized in fragrances development and sales and offers a complete service in the on-line sale of its fragrances.
These General Terms and Conditions of Sale unreservedly govern Product sales by The Olfactive Studio Fragrances e-boutique from the internet address www.olfactivestudio.com and its derivative addresses. The Site offers for sale, to individuals browsing the Site, fragrances of the Olfactive Studio brand (hereinafter referred to as the "Products"). For the application of this agreement, it is agreed that the Consumer and The Olfactive Studio Fragrances e-boutique will jointly be referred to as the "Parties" and individually as the "Party."
It is specified that the Products are meant exclusively for the Consumer's personal use. In this connection, the Consumer is reminded particularly that the same user may not order more than two (2) Products with the same item number per month (1 product maximum with no time limit for the samples discovery kit, same name, same address) and is restricted to paying a maximum of five hundred Euros (€ 500), inclusive of all taxes, per order. If an order exceeds the number and/or value stated above, it will be considered invalid. The products ordered by the Consumer on the Site, will be delivered in all countries listed delivered by the french Post Office).
By placing an order for a Product on the Site, the Consumer acknowledges that s/he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Consumer for this acknowledgement to be valid. Any special condition that is stated, e.g., in documents issued by the Consumer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from The Olfactive Studio Fragrances e-boutique. These conditions do not intend to and may not result in consumers from the European Union being deprived of the compulsory legal requirements specified by the laws of their own countries. If any of the provisions of these conditions should prove to infringe on a compulsory point of law from which the Consumer benefits under his/her national legislation, such provision will not apply to that Consumer, though all the other provisions will remain in force. The Consumer must also unreservedly agree to the conditions of use of the Site if s/he wishes to view it.
ARTICLE 1: PURPOSE : These General Terms and Conditions of Sale define the procedures by which The Olfactive Studio Fragrances e-boutique will sell Products to the Consumer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site. They define all the stages required for placing the order and they monitor this order between the Parties.
ARTICLE 2: PRODUCTS:
2.1. DESCRIPTION OF THE PRODUCTS: The Olfactive Studio Fragrances e-boutique presents on the Site the Products for sale and their detailed descriptions, in Product descriptions, which complies with Article L.111-1 of the French Consumer Code, which specifies that the potential consumer must be able to find out the essential characteristics of the products s/he wishes to buy prior to actually placing the order. The Olfactive Studio Fragrances e-boutique will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of colour and design. However, since The Olfactive Studio Fragrances e-boutique has no control over the technical limitations of individual consumer computer equipment, The Olfactive Studio Fragrances e-boutique may not be held liable for inaccurate representation of the Products on the Website. Subject to the restrictions on delivery described in the preamble hereto, the Consumer is able to customize certain Perfume products for sale on the Website with engraving done according to his specifications. The Consumer can find the terms and conditions of this service (particularly cost and products concerned) on the Website.
2.2.1. The Products offered for sale by The Olfactive Studio Fragrances e-boutique are those that are shown on the Site, on the day on which the Consumer views it and within the limit of the stocks available.
2.2.2. If a Product is not available, The Olfactive Studio Fragrances e-boutique will notify the Consumer as soon as possible by e-mail that a partial order will take place or that his/her order is cancelled. This notice may be made when the order is being placed or after the order is validated before delivery. The Consumer will then have 48 hours (counting business days, but not weekends or public holidays) to ask for the order to be cancelled or for it to be sent under special conditions (partial delivery), by contacting the Customer Service by via the Contact page. Beyond that 48-hour period, and if no request is sent by the Consumer to the Customer Service, the partial order will be sent for delivery to the Consumer. If the Consumer's bank account had already been debited at the time that the Consumer is informed as above, The Olfactive Studio Fragrances e-boutique undertakes to reimburse the Consumer as soon as possible for the price of the Product(s) that was (were) not available to the bank account used at order time. If the Consumer asks for the entire order to be cancelled, The Olfactive Studio Fragrances e-boutique undertakes to reimburse the Consumer the amounts paid within a maximum of thirty (30) days after they were deducted.
2.2.3. The Olfactive Studio Fragrances e-boutique reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that The Olfactive Studio Fragrances e-boutique has already accepted prior to implementing such amendments.
2.3.1. All prices are shown in euros in Europe and US$ outside Europe. The applicable prices are those that are shown on the Site at the time at which the Consumer places his/her order, unless a printing error occurs. These prices are inclusive of all taxes in Europe and without taxes outside Europe, but do not include local customs costs in the country of delivery, The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced. The prices are subject to French VAT and any change in the legal rate of that VAT will be applied to the price of the Products presented on the Site, on the date stipulated by the application decree governing it. For all deliveries outside, the VAT rules as stated in the French Taxation Code will apply. If the Consumer uses a bank card associated with an account that is located outside the Euro Zone, particularly in the United Kingdom, the Consumer's bank may charge currency exchange fees and bank fees, which will be payable solely by the Consumer.
2.3.2. The Olfactive Studio Fragrances e-boutique reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that The Olfactive Studio Fragrances e-boutique accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
ARTICLE 3: ORDERING
3.1. THE ORDERING PROCESS
By browsing the Site, the Consumer can find out about the various Products offered for sale on the day s/he views the Site.The Consumer is not committed in any way to make an order by browsing the Site. While browsing the Site, the Consumer who wishes to make an order may do so just by clicking on the "Add to shopping bag" icon that is located next to each Product viewed. Once the Consumer does this, s/he will see the number of articles in the basket appear in a box, offering to continue his/her purchases or to finalize the order. If the Consumer decides to finalize his/her order, his/her basket will be displayed on the screen, containing all the items in the order and showing the total amount payable, including shipping costs, the type of Products ordered and their quantity. The Consumer can come back to this order, add to it, amend it, or cancel it until it is validated. If the Consumer wishes to choose other Products, all s/he needs to do is click on "Continue shopping". The Product or Products that s/he has already selected will remain in his/her basket. The Consumer is informed that at any time during the ordering process, right up to actual payment of the order under the conditions specified in Article 4, s/he is able to come back to this order, add to it, amend it, or cancel it until it has been finally validated. Once the selection of the Products has been completed, the Consumer will be able to order them by clicking on the "Shopping bag" icon and then, once the basket is on the screen, by clicking on “Proceed to checkout”. Then a new web page will open, inviting the Consumer to provide his/her address details by accurately filling in the form provided. The Consumer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his/her name and e-mail address. Once the form has been filled in completely, an order summary will display all the information relating to this order, i.e., among others, the type, quantity and price of the Products, the total amount (including shipping costs) of the order, the Consumer's contact details, the delivery address and the billing address will appear on the screen. The Consumer will be invited, after checking the state of his/her order, to: - either click on the "Place the order" button to start the payment process for his/her order, under the conditions of Article 4 of these General Terms and Conditions of Sale; - or click on the "Alter your shopping cart" button to amend the characteristics of his/her order and/or his/her personal details. By clicking on the "Place order now" button during the order process, the Consumer must first familiarise himself/herself with these General Terms and Conditions of Sale, and then, secondly, tick a box located opposite the message "I accept the Terms and Conditions" Once these General Terms and Conditions of Sale have been agreed to, and the order has been confirmed, the Ogone payment platform web page, devoted to paying for the order, opens up. The Consumer must then pay for his/her order. The data recorded by The Olfactive Studio Fragrances e-boutique are proof of all the transactions placed between The Olfactive Studio Fragrances e-boutique and the Consumer.
3.2. ORDER CONFIRMATION
3.2.1. Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 below (provision of the bank card number, its expiry date and, if relevant, the security code), a printable and saveable summary of the Consumer's order will be displayed and will show the order's references.
The Consumer is also notified that The Olfactive Studio Fragrances e-boutique will soon send him/her an e-mail confirming his/her order. The Consumer is deemed to have taken note of this confirmation within fifteen (15) minutes of it being sent by The Olfactive Studio Fragrances e-boutique. This confirmation e-mail sent by The Olfactive Studio Fragrances e-boutique will contain the following details: - the number of the order determined by The Olfactive Studio Fragrances e-boutique when the order is placed by the Consumer; - the summary of the order (identification of the Product(s) ordered, the quantity, the price); - the total amount of the order, inclusive of all taxes; - the shipping charges; - confirmation of payment; - the conditions and procedures for the right of withdrawal, in accordance with the provisions of Articles L.121-20 of the French Consumer Code; - the procedures relating to delivery of the Product(s) ordered (expected shipping time - maximum of 30 days from order validation).
3.2.2. The Olfactive Studio Fragrances e-boutique retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.
3.2.3. In order to protect itself against credit card fraud, The Olfactive Studio Fragrances e-boutique reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity and/or credit cards ...) in order to verify the legitimacy of a suspicious credit card order. Unless a reply to The Olfactive Studio Fragrances e-boutique's request for additional information is received within fifteen (15) days of said request, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.
3.3. PROOF OF THE ORDER: In general, The Olfactive Studio Fragrances e-boutique and the Consumer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site, especially as concerns the type and date of the order. The Consumer is entitled to access the electronic contract entered into between the Consumer and The Olfactive Studio Fragrances e-boutique, if necessary in accordance with the rules of the regular codified law. To do so, s/he should contact the Customer Service by using the Contact page, providing all the required information to do this, particularly the order number and his/her contact details.
ARTICLE 4: PAYMENT
4.1. Payment must be made immediately via the Internet at the time of the order in Euros only by bank card (Visa, MasterCard), to the exclusion of all other methods of payment.
4.2. The Olfactive Studio Fragrances e-boutique reserves the right to refuse any order or any delivery in the event that the ceilings shown in the foreword hereto are exceeded, or that a dispute exists with the Consumer, of if a previous order by the Consumer had not been paid or had only partially been paid, or if the banking authorities refuse to authorise the payment by bank card, or if the order had not been paid or had only partially been paid.
4.3. The Consumer guarantees to The Olfactive Studio Fragrances e-boutique that s/he has the authorisations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled, and the Consumer will be notified by e-mail.
4.4. The Olfactive Studio Fragrances e-boutique uses a secure payment platform, Ogone, which guarantees the Consumer that it never has access to the confidential details concerning the method of payment that the Consumer uses to pay for his/her order. Only the Ogone platform is in possession of that information. That is why the Consumer will be asked for his/her bank details each time s/he makes an order on the Site.
ARTICLE 5: DELIVERY AND RECEIPT:
5.1. DELIVERY METHODS: Once the order has been prepared, it will be sent to the mailing address provided by the Consumer when s/he placed his/her order.The Consumer will be able to follow the progress of his/her delivery on the Site, by clicking on ‘My account" (in the upper right of the screen) and entering his/her e-mail address and password provided at order time). The Product(s) ordered by the Consumer will be delivered to the delivery address shown on the delivery slip. If the Products are delivered by a shipper, if the Consumer is not at home, the shipper will leave a non-delivery notice in the Consumer's letter box. The Consumer is then required to make contact with the shipper to arrange a new delivery date. However, we emphasise that if the Consumer does not contact the shipper, the shipper will make two new attempts to deliver at times and on dates determined at its own discretion. The Consumer is informed that the package will be retained by the shipper for a period of ten (10) days after first presentation. Since delivery is handled by a third-party service provider, The Olfactive Studio Fragrances e-boutique informs the Consumer that it cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Consumer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.
5.2. TIME-FRAMES: Products that are purchased are shipped by shippers that undertake to deliver the packages within the following average time-frames: 2-15 business days from dispatch. Saturdays, Sundays and public holidays are not considered to be business days. In any case, and in accordance with the provisions of Article L.121-20-3 of the French Consumer Code, the order will be performed within a maximum of thirty (30) days as of the date following that on which the Consumer sent his/her order, subject to full payment of the price. If the delivery has not been made by the expiry of that time frame, the Consumer will be entitled to cancel his/her order as per the conditions specified below in Article 5.3. The amounts paid by the Consumer will be refunded to him/her, and no other compensation will be paid.
5.3. DELAY IN DELIVERY: If the maximum delivery period of thirty (30) days is exceeded and if the Product(s) ordered have not yet been dispatched, the Consumer is entitled to exercise his/her right to cancel the order by registered letter with return receipt requested sent to the following address: SERVICE CLIENT OLFACTIVE STUDIO - NAHORA SAS – 231, rue Saint Honoré 75001 Paris. Once the cancellation right has been exercised, The Olfactive Studio Fragrances e-boutique will make a reimbursement, to the bank account that was debited at order time, as soon as possible, and no other compensation will be paid. In the case of a partial delivery, the delivery may be made in several stages, and this right will concern only the undelivered balance of the order. The Consumer should notify the Customer Service of any delay in delivery as soon as possible via the Contact page, so that The Olfactive Studio Fragrances e-boutique can commence investigations with the postal services or the shipper. We are bound to inform the Consumer that the time to complete an investigation is variable, since The Olfactive Studio Fragrances e-boutique has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated on the delivery slip. Nonetheless, if at the conclusion of this investigation, it is confirmed that the package containing the Product(s) has been lost, The Olfactive Studio Fragrances e-boutique, at its own cost and expense, will re-send the Product(s) to the Consumer or, if the Product(s) is (are) permanently out of stock, will reimburse the Consumer, to the bank account that was debited at order time, the amounts deducted, according to the procedures of these General Terms and Conditions of Sale.
5.4. RECEIPT: Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Consumer by the shipper, as shown by the control system used by the shipper. It is the Consumer's responsibility to check immediately at the time of receipt of the Product(s) that the Product(s) sent is (are) in good condition and compliant with the order. If the event of delay, breakage or missing items, the Consumer should note down complete and accurate reservations on the delivery slip. In any case, the Consumer is entitled to make a claim only against the shipper to which s/he should formulate his/her reservations. In accordance with Article L.133-3 of the French Consumer Code, any reservation must be confirmed by registered letter to the shipper within three (3) days of receipt. All reservations of this type must also be provided to The Olfactive Studio Fragrances e-boutique 's Customer Service within the same time-frame and in the same form, at the following address: SERVICE CLIENT OLFACTIVE STUDIO - NAHORA SAS – 231, rue Saint Honoré 75001 Paris. The Consumer should attach a copy of the complaint sent to the shipper. Any complaint made after this time-frame or not in line with the required form will be rejected and The Olfactive Studio Fragrances e-boutique will be freed of all liability.
ARTICLE 6: WITHDRAWAL RIGHT AND RETURN RIGHT:
6.1. In accordance with the provisions of Article L.121-20 of the French Consumer Code, the Consumer has a cooling-off period of seven (7) business days, as of the delivery date of the order, to return, at his/her own cost, the Product(s) ordered that do not satisfy him/her. The Product(s) must without fail be sent back in their entirety, in perfect condition and in their original packaging, accompanied by the delivery slip, the invoice and an accompanying letter by mail, to the following address: SERVICE CLIENT OLFACTIVE STUDIO - NAHORA SAS – 231, rue Saint Honoré 75001 Paris. The Olfactive Studio Fragrances e-boutique undertakes to reimburse the Consumer, to the bank account that was debited at order time, within a maximum of thirty (30) days, as long as the above conditions are complied with.
6.2. Furthermore, for any non-compliant Product, the Consumer shall contact The Olfactive Studio Fragrances e-boutique’s Customer Service Department via the Contact page. The Customer Service Department will then tell the Consumer what steps to take. The Product(s) must without fail be returned in their original packaging with a copy of the invoice. The Olfactive Studio Fragrances e-boutique does not accept packages that are sent C.O.D. The Consumer remains responsible for any risk associated with the return of the Product(s). On receipt of the allegedly non-compliant Product(s), The Olfactive Studio Fragrances e-boutique will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, The Olfactive Studio Fragrances e-boutique will then reimburse the Consumer, to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).
ARTICLE 7: RIGHT TO CONFORMITY AND GUARANTEE: In its capacity as a professional seller, The Olfactive Studio Fragrances e-boutique guarantees that the Products are in conformity with the use expected of them, and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use. In the event that Product(s) are not in conformity with the information given in the presentation of the Product(s) on the Site, and in accordance with Article L.211-5 of the French Consumer Code, or if the Products present hidden defects as specified in Article 1641 of the French Civil Code, their cost will be reimbursed to the Consumer. The Olfactive Studio Fragrances e-boutique undertakes to reimburse the Consumer within a maximum of thirty (30) days, as long as the above conditions are complied with. The Product(s) is (are) subject to the guarantee conditions as specified by law: "Article L.211-4 of the Consumer Code: The seller is required to deliver a good that is in conformity, and is responsible for any defects in conformity that exist when it is delivered. The seller is also responsible for defects in conformity that result from packaging, and from set-up or installation instructions when such conformity was covered by the contract or was performed under its responsibility." "Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must: (1) be suitable for the use ordinarily expected of a similar good and, if relevant: - correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model; - present the qualities that a buyer could legitimately expect, given the public statements made by the seller, by the producer or by its representative, particularly in advertising or on the packaging; (2) Or present the features defined jointly by the parties or be suitable to any special use sought by the buyer, of which the seller was advised and to which the seller agreed.” "Article L.211-12 of the Consumer Code: The legal action resulting from lack of conformity has a term of limitation of two years as of delivery of the good.” "Article 1641 of the Civil Code: The seller is bound by the guarantee due to hidden defects of the item sold that render it unsuitable for the use for which it is intended, or that reduce such use to such an extent that the buyer would not have bought it, or would only have paid a lesser price, if s/he had been aware of them." "Article 1648 (1) of the Civil Code: Any legal action resulting from latent defects must be brought by the purchaser within two (2) years as of discovery of the defect." In the event that the Consumer receives Product(s) that is (are) not in conformity or which contains (contain) a hidden defect, the provisions of Article 6.2 above will apply.
ARTICLE 8: LIABILITY: The Olfactive Studio Fragrances e-boutique may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus. Without restricting the scope of the foregoing provisions, The Olfactive Studio Fragrances e-boutique's liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved. The Olfactive Studio Fragrances e-boutique is not liable for breaches of its obligations, as defined herein that arise out of a case of force majeure.
ARTICLE 9: LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS:
9.1. PRIVACY CONSIDERATIONS: Consumers are required to provide the personal information collected in the context of out-of-store selling, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by The Olfactive Studio Fragrances e-boutique or its sub-contractors, which are subject to the same obligations, only for processing orders received. If all the information is not entered, the order will be rejected automatically. In accordance with the French law on the protection of personal data, law no. 78-17 dated 6 January 1978, a reporting process has been fulfilled concerning the processing of personal details collected by the Site to the "CNIL", the body charged with ensuring compliance with that law. The Consumer has a right to access, amend, rectify and delete personal data collected by The Olfactive Studio Fragrances e-boutique that concern him / her. To exercise this right, the Consumer can either contact the Customer Service Department via the Contact page or send a letter by post to the following address: SERVICE CLIENT OLFACTIVE STUDIO - NAHORA SAS – 231, rue Saint Honoré 75001 Paris.
The Olfactive Studio Fragrances e-boutique undertakes not to resell the Consumer's contact details to third-party companies without prior consent. The Consumer may receive informational e-mails from The Olfactive Studio Fragrances e-boutique concerning The Olfactive Studio Fragrances e-boutique’s products and activities. The Consumer is entitled to refuse to receive such communication after the event either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by contacting the Customer Service Department, via the Contact page or by sending a letter by post to the following address: SERVICE CLIENT OLFACTIVE STUDIO - NAHORA SAS – 231, rue Saint Honoré 75001 Paris.
9.2. FORCE MAJEURE: No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes "force majeure," such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event. If the force majeure event lasts for longer than one (1) month, The Olfactive Studio Fragrances e-boutique shall be allowed not to honour the order, though The Olfactive Studio Fragrances e-boutique is obliged to reimburse the Consumer, if the Consumer has paid, the amounts paid by the Consumer for the order concerned.
9.3. PARTIAL NON-VALIDATION: If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
9.4. NO WAIVER: The fact that one of the Parties did not require the application of any clause of these General Terms and Conditions of Sale, whether on a permanent or temporary basis, shall not in any circumstances be considered as a waiver of the rights of that Party arising out of that clause.
9.5. HEADINGS: In the event of any difficulty of interpretation between any of the headings of the articles and chapters, and the clause itself, the headings shall be deemed not to exist.
9.6. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE: The Olfactive Studio Fragrances e-boutique reserves the right to amend these General Terms and Conditions of Sale at any time. Any new version of them will be announced in advance on the Site. The version on-line on the Site will, if there is any contest, take precedence over any other versions of these General Terms and Conditions of Sale.
9.6. ENTIRE AGREEMENT: These General Terms and Conditions of Sale and the order summary sent to the Consumer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.
9.7. COOKIES: The Olfactive Studio Fragrances e-boutique may place a cookie on the Consumer's computer during browsing at the Site. This cookie enables The Olfactive Studio Fragrances e-boutique to record information about the browsing of the Consumer's computer at the Site (pages viewed, date and time of viewing, etc.) and also has the goal of providing easy of browsing and ease of use of the Site, especially through the personalisation of some pages. The Consumer may decline the recording of cookies by configuring his/her browser to reject cookies.
9.8. APPLICABLE LAW - DISPUTES: The law that applies to these General Terms and Conditions of Sale and to the orders relating thereto is French law, to the exclusion of the Vienna Convention concerning international sales contracts for goods. Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of Paris or the courts appointed by the common law provisions.