GENERAL TERMS OF SALE

Transcription

1 GENERAL TERMS OF SALE These general terms of sale (the Terms of Sale ) are applicable to the offer for sale and sale of products ( Products ) on the website (the Website ) by Paule Ka, a société par actions simplifiée with a share capital of 207,000 euros, whose registered office is located 223, rue Saint-Honoré Paris, incorporated under no at the Paris Companies Register and whose TVA registration number is FR (the Vendor, we, our or us ). These Terms of Sale notably provide you with the information required by article 6 of EU Directive 2011/83 on consumer rights. You will be asked to confirm that you have read and understood these Terms of Sale and that you accept them without reserve or restriction prior to placing an order for Products on the Website (an Order ). These Terms of Sale are available in English and French. You should keep a copy of these Terms of Sale. 1 DEFINITIONS The terms and expressions hereafter shall have the following meaning: Customer : person acting as a consumer purchasing Products outside the course of his or her business or professional activity; Order : demand for Products by the Customer; Party : the Customer or the Vendor; Product : any product offered for sale on the Website. 2 DURATION AND ENTRY INTO FORCE 2.1 The Terms of Sale shall apply to all Orders placed on the Website, as explained in Article The Terms of Sale shall endure for the time necessary for the provision of the Products and until the expiry of any guarantees owed by the Vendor. 2.3 You are also deemed to have accepted our Terms of Use, which form part of the present Terms of Sale. 3 TERRITORY 3.1 We deliver Products to France (except Overseas Departments and Territories), the United Kingdom, Germany, Belgium, Spain, Austria, Luxemburg, Netherlands, Finland, Ireland, Italy, Portugal, Cyprus, Estonia, Malta, Slovakia, Slovenia. 3.2 If you wish to have Products delivered to another location, please contact our Customer Service at serviceclienteshop@pauleka.com. 4 ESSENTIAL DETAILS AND PRICE 4.1 The essential details and respective prices of the Products are available on the Website. 4.2 We may change the description and/or prices of Product(s) (as shown on the Website or in marketing or other s or material sent by us) from time to time, as indicated in Article Such changes shall not affect Orders which have already been placed. 4.3 All prices on this Website are shown in Euros, or British Pounds if shipping products to the United Kingdom. 4.4 All prices are inclusive of any payable taxes. Delivery charges are indicated in Article 7 below and notified to the Customer within the Order process.

2 5 ORDERS Placing an Order 5.1 If you are willing to order on the Website, your order will be processed as follows: - Once you have chosen a product, click on the Add to Cart button to place this product in your shopping bag. The shopping bag will contain the reference of the selected Product, its name, size, colour and price; - You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to Checkout. You may also remove one or several products you have selected in the Shopping Bag; - You will then be invited to log into your account on the Website. If you are placing an Order for the first time, you will first need to open a customer account and provide the personal information necessary to process the Order and the delivery of the Product(s). You warrant that all personal information given to Paule Ka is true and correct. Please refer to our Terms of Use for more details about how and how long we may use or keep your personal information; - Then, complete your Order by selecting a delivery mode, delivery address and billing address; these must be located in one of the countries located in Article 3; - You will be invited to review the selection of Products, their total price (including delivery costs and taxes) and information regarding delivery. At this stage, you will be able to correct any errors and/or modify your Order; - When you have completely reviewed your order, first check the box next to I accept the Terms and Conditions to indicate your agreement to be bound by these Terms of Sale and then, click on the Place order now button on the Website to place your order; - Follow the instructions on the secure payment server in order to pay. What happens after you have placed an Order 5.2 You will receive an confirming the Order, the details of the Order, the payment and information on delivery, and a copy of the Terms of Sale. This will be sent to the contact address provided in your Customer Account (your Contact Address ). Please carefully review the Terms of Sale upon receipt. This acknowledgment of receipt will contain a reference number assigned by Paule Ka for your Order (the Order Reference ). Please make sure that you save the Order Reference for any future enquiries regarding your Order. This acknowledgment of receipt is not an acceptance of your Order. Following its transmission, Paule Ka will conduct various checks as exposed in Article 5.4 and 5.5 and then process your Order. 5.3 If you do not receive any s from us after placing an Order, this may be due to a temporary communication problem in the network or to a spelling mistake in the address. In both cases, you are advised to contact our Customer Service by any one of the means provided in Article Please note that we may not always be able to fulfil your Order due to possible errors on our Website regarding e.g. the availability of the Products or their price. If we cannot supply you with the Product(s) you have ordered, we will not process your Order and you will not be charged for it. We will inform you of this by sent to your Contact Address. If you have already paid for the Product(s) and you do not wish to order replacement Product(s), we will refund you in full as soon as reasonably possible and within 14 days at the latest. 5.5 We are entitled to refuse any Order which does manifestly not appear genuine or is made in bad faith, such as Orders in quantities that are inconsistent with non-commercial purposes or Orders placed by a Customer with whom a dispute related to the payment of a previous Order exists. 5.6 The details of your Order will be available, with those of your prior Orders if any, in the section My Orders of your Customer Account.

3 5.7 All Products that you order through the Website will remain the property of Paule Ka until we have received payment in full from you for those Products. Paule Ka assumes the risks and liabilities for the Product(s) you order (including risk of loss and/or damage to the Product(s)) until they are delivered to you. 6 PAYMENT 6.1 We accept payment by credit or debit card (Visa, Carte Bleue, MasterCard and AMEX). 6.2 Without prejudice to your right of withdrawal provided in Article 8 hereafter, payment by credit or debit card is irrevocable. By communicating data related to your credit or debit card and accepting payment, you authorize the debit of your bank account for an amount corresponding to the total price of the ordered Product(s), including the relevant delivery charges. 6.3 If the payment is refused by your payment service provider, the Order will be automatically cancelled and the online sale will be terminated. This will immediately be displayed online. You will not receive the acknowledgement of receipt of your Order referred to in Article We use the following secure payment server to process payments received from you: Paybox. 7 CONFIRMATION OF ORDER BY PAULE KA AND DELIVERY 7.1 You will be asked to provide a delivery address. Your delivery address must be located in one of the countries referred to in Article 3 above. 7.2 You will also be asked to choose one of the types of delivery available on the Website when placing your Order. Estimated delivery dates for each of the types of delivery will be displayed. 7.3 The amount of the delivery costs vary depending on the type of delivery chosen by the Customer and the country of destination as follows: France (except Overseas Departments and Territories) : Free. Germany, Austria, Belgium, Spain, Luxemburg, Netherlands, United Kingdom : Standard delivery: 15 or 15 Express delivery: 20 or 20 Finland, Ireland, Italy, Portugal, Cyprus, Estonia, Malta, Slovakia, Slovenia Standard delivery: 25 or 25 Express delivery: 30 or Upon shipment of your Order, Paule Ka will send you by to your Contact Address a Confirmation of Order, confirming the expected delivery date. The Confirmation of Order constitutes the acceptance of your order by Paule Ka and indicates the existence of a binding sales contract. 7.5 We will inform you by to your Contact Address of any delay in the delivery of the Order and you will then be entitled to request the cancellation of the Order, by following the process indicated in the You are entitled to check the delivery status of your Order by accessing the dedicated section of your Customer account on the Website entitled: My Account. 7.7 We recommend that you examine the packaging and Product(s) contained inside the parcel for any signs of damage upon receipt. If you receive Product(s) that are damaged or incorrectly supplied, please inform us by any of the means proposed in Article 10. You should return any Product(s) to us at the address specified in Article 8.3 below as soon as reasonably practicable after informing us that Product is damaged or has been incorrectly supplied. We will refund the amount you paid, plus standard return delivery costs as exposed within the delivery that we offer (see Article 7.3), in accordance with Article 8 below. 8 RIGHT OF WITHDRAWAL 8.1 You are entitled to withdraw from this agreement without giving any reason within fourteen days. The withdrawal period expires fourteen (14) days after the day you or a third-party you designate other than the carrier takes physical possession of the property (or the last item in the case of an order covering several Products).

4 To exercise this right of withdrawal, you must notify: PAULE KA Service Client 223 rue Saint Honoré Paris Fax: +33 (0) of your decision to withdraw from this agreement by sending an unequivocal statement (e.g. letter sent by mail, fax, or ). You can use the draft withdrawal form sent at the time of the order but this is not necessary. - You can also complete and submit the draft withdrawal form on our website by following the instructions that follow. In Order Confirmation (see Article 7.4) or in Order History section in your Customer Account area ( Return Form ), complete the Return Form and send it to us by clicking on Send the Return Form. If you use this option, you will immediately receive acknowledgment of receipt of the withdrawal on a durable medium (e.g. ). - To ensure compliance with the withdrawal period, you only need to send your notification regarding the exercise of the right of withdrawal prior to the expiration of the withdrawal period. Effects of withdrawal 8.2 In the event of your withdrawal from this agreement, we will refund all payments received from you, including shipping (excluding additional charges stemming from your choice, if any, of a means of delivery other than the cheapest standard delivery method we offer), without undue delay and, in any event no later than fourteen (14) days from the day we have been informed of your decision to withdraw from this agreement. 8.3 We will carry out such refunds using the same payment method you used for the initial transaction, unless you give your express consent to a different means of payment; in any event, you will not incur any fees for this refund. 8.4 We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, with the date being the earliest of these two. You must return the goods to the following address: C log Retour Eshop PAULE KA Parc logistique Paris Oise Longueil Sainte-Marie without undue delay and in any event no later than fourteen (14) days after you have contacted us regarding your decision to withdraw from this agreement. This period is deemed to have been met as long as you return the goods before expiry of the 14-day period. 8.5 You will be required to bear the direct cost of returning the goods. Such costs will be repaid to you only in the event the product is defective or does not match your initial order (on the basis of the standard rates offered by us in article 7.3.). 8.6 You must return the unused and undamaged products along with their labels, accessories, parts and all their marked packaging and protections in order to allow us to offer them for resale. Whenever possible, we would appreciate it if you would also send us any unmarked packaging and protections which might have been sent with the products. 8.7 You shall be liable only for depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. 9 EXCHANGES 9.1 Exchanges are not possible on the Website unless the product received is faulty or does not correspond to the original order. You may then request an exchange of the Product(s) delivered to you, but you must do so within thirty (30) days of their date of delivery and follow the conditions and process set out in Article 8 above. 9.2 Should you with to order another product or a similar product with different attributes (size, colour ) you will need to place a separate order.

5 10 CUSTOMER SERVICE You can contact our Customer Service by the following means: Telephone: France: Fax: Any questions, comments or complaints you may have shall be addressed to this service. 11 YOUR LEGAL RIGHTS 11.1 Please note that nothing in these Terms of Sale is intended to affect the statutory rights you benefit from in your country of residence. These rights include: (i) that any Products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given; (ii) certain remedies if Products are defective; (iii) a right to cancel within a specified period and receive a full refund even if they are not defective, as provided under Article 8. We remind you that you also benefit from the legal guarantee of the latent defects in application of articles 1641 and following of the French civil code, and from legal conformity guarantee in application of articles L and following of the French Consumer Code. Legal guarantee of conformity (excerpt from French Consumer Code) Art. L The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility. Art. L Action resulting from lack of conformity lapses two years after delivery of the product. Art. L To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. Of Warranty against the Defects of the Thing Sold (excerpt from French Civil Code) Art A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. Art st The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice." 12 GENERAL 12.1 The Terms of Sale, including the Terms of Use referred to here in, constitute the entire agreement between you and Paule Ka regarding your purchase of Products through the Website, and supersede any prior conditions of sale.

6 12.2 In the event that any provision of the Terms of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Terms of Sale shall not be affected If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale We are constantly looking for new ways to improve this Website. We therefore reserve the right to amend the Terms of Sale at any time, to reflect changes in the applicable legislation or to the products and services offered on the Website. All such changes will take effect once they have been posted on the Website and each time you place an Order you will be asked to accept the Terms of Sale in force at the time of placing your Order. The Terms of Sale applicable to any Order you have placed are those effective at the date of you placing the Order Any dispute between us concerning the interpretation or performance of these Terms of Sale and/or any Order shall be subject to French law plus any applicable consumer protection laws of the country in which you reside and any court proceedings may be brought within the courts of France or those of your country of residence, provided this a country where we deliver. We inform you that in case of dispute, you can resort to a contractual mediation procedure or to any alternative dispute resolution method.