CGV
General Terms and Conditions
GENERAL CONDITIONS OF SALE
The general terms and conditions of sale of the PASTELLE PARIS website referred to below (hereinafter the "General Terms and Conditions of Sale") must be carefully read and accepted prior to any order placed on the PASTELLEPARIS.COM website. Any order placed on the PASTELLEPARIS.COM website implies full and unreserved acceptance of the General Terms and Conditions of Sale. PASTELLEPARIS.COM may update these General Terms and Conditions of Sale at any time, which apply to the exclusion of any other document.
Article 1: SITE
1.1 The site www.pastelleparis.Com (hereinafter the “Site”) is an e-commerce site accessible via the Internet at the address www.pastelleparis.com and is open to any user of this network. It is published and distributed by SAS BKE, a limited liability company with a capital of 1000 euros, whose registered office is at 43 chemin des vignes 93000, registered in the Trade and Companies Register under number 88201640500012.
1.2 The Site offers for sale a variety of accessories intended for women (hereinafter the “Product(s)”) to Internet users browsing the Site (hereinafter the “User(s)”). For the purposes of this document, it is agreed that the Pastelle Paris User will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who has validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.
1.3 Pastelle Paris reminds that the Products are exclusively dedicated to the personal use of the Buyer and this, without any direct relation to the latter's professional activity. Joe's Paris reserves the right to refuse execution of the order.
1.4 The Buyer declares to have full legal capacity.
1.5 Any order for a Product offered on the Site implies consultation and express acceptance of the General Conditions of Sale by checking the box provided for this purpose before any order.
As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to electronic signatures, Pastelle Paris specifies that the validation of the order form as specified in Article 5.3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
1.6 The General Conditions of Sale aim to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Article 2: PRODUCTS
- a) Description of the Products
2.1 The Products offered by Pastelle Paris are those which appear on the Site on the day of consultation by the User and within the limits of available stocks.
2.2 The products are described and presented with the greatest possible accuracy. The photographs illustrating the products, in support of the text, do not fall within the contractual scope. As such, if Pastelle Paris attempts to represent as faithfully as possible the Products whose photos are displayed on the Site, color variations may occur; in particular due to the technical limitations of color rendering by computer equipment.
- b) Availability of Products
2.3 Pastelle Paris undertakes to honor orders received only within the limits of available stocks. In the event of unavailability of one or more Product(s), Pastelle Paris undertakes to inform the User as soon as possible.Pastelle Paris assumes no liability in the event of stock shortages or unavailability of Products.
2.4 The unavailability of the Product may be notified to the User:
- when entering his order, he will be informed that the desired product is temporarily unavailable • after validation of his order by e-mail sent to the Buyer by PASTELLE PARIS.
- c) Retention of title
2.6 The Products ordered remain the property of PASTELLE PARIS until full payment of the price.
Article 3: PRICE
3.1 The price of the Products is indicated in euros, all taxes included, excluding shipping costs, on the day of the order.
3.2 The price invoiced to the Buyer is the price indicated on the order confirmation sent by email by PASTELLE PARIS.
3.3 PASTELLE PARIS reserves the right to modify its prices at any time and without notice. The Products will be invoiced based on the rates in effect at the time the order is placed, subject to availability. The current rate is that indicated on the Site, except for typographical errors for which PASTELLE PARIS shall not be liable.
3.4 The price is payable in full and in a single payment upon validation of the order.
3.5 Any unpaid amount will result in the invoicing of a fixed fee of 25 euros per payment incident. The data recorded by the Site constitutes proof of transactions between PASTELLE PARIS and the Buyer. The data recorded by the payment system constitutes proof of financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
THE ITEMS REMAIN THE ENTIRE PROPERTY OF JOE'S PARIS UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.
Article 4: PAYMENT
4.1 It is specified that all payments on the site can be made by Bank Card. Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week, by bank card belonging to the following networks:
- Blue Card
- Visa
- MasterCard
4.2 The user will enter their card number, its expiry date, the name of the cardholder and the visual cryptogram located on the back of the bank card.
4.3 PASTELLE PARIS reserves the right to refuse to honor any order from a User with whom it is in dispute, of any nature whatsoever.
4.4 PASTELLE PARIS uses the secure payment service Stripe. The integrity of the data exchanged between the Buyer and the secure platform is protected against hacking attempts. Confidential data is transmitted directly encrypted to the bank's server, without ever passing through the servers of
PASTEL PARIS.
4.5 PASTELLE PARIS reserves the right to cancel any order that presents a risk of fraudulent use of a bank card.
Article 5: ORDER
- a) Navigation within the Site
5.1 The User may freely browse the Site, without being committed to an order.
- b) Recording an order
5.2 To place an order, the User must click on the “ADD TO CART” button. Each new addition to their Cart will be indicated by the appearance of a specific screen.
5.3 At any time before confirming his order, the User may:
- obtain a summary of the Products he has selected and modify his order, by clicking on the “CART” link,
- continue your selection of Products
- complete your selection of Products and confirm the purchase by clicking on “CHECKOUT”.
5.4 To order the Products he has thus chosen, the User will click on the “CHECKOUT” icon and validate the purchasing process proposed to him.
5.5 An order form will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order.
5.6 The User must identify himself by accurately completing the form provided for this purpose, on which he will include in particular the information necessary for his identification: his first name, last name, email address, password, date of birth, delivery address and billing address.
5.7 The User is informed and accepts that entering his/her identifier constitutes proof of his/her identity and demonstrates his/her consent.
- c) Final validation of an order
5.8 Validation by the User of his order on the Site entails acceptance of the General Conditions of Sale.
5.9 The User will then be invited to pay for their order by entering their bank details.
- d) Confirmation of an order
5.10 When the Buyer confirms payment for their order, a summary is displayed with the transaction number. This summary is also sent by order confirmation email.
5.11 A shipping confirmation email is sent to the Buyer on the day the Products are shipped.
5.12 Pursuant to Article L. 134-2 of the Consumer Code, when an order concerns an amount equal to or greater than 120 euros, PASTELLE PARIS keeps the document which records the contract concluded between PASTELLE PARIS and the Buyer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with Decree 2005-137 of February 16, 2005).
Article 6: DELIVERY
- a) Terms and delivery times
6.1 The Products ordered are, at the Buyer's choice, delivered to any address anywhere in the world.
6.2 Orders are delivered at the Buyer's choice via SoColissimo or ChronoPost.
6.3 In both cases, the Buyer may check the tracking of his order on the Internet. PASTELLE PARIS undertakes to make its best efforts to ensure that the order is executed within two (2) working days at the most from the day following the validation of the order, except in cases of force majeure referred to in article 9.
6.4 The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form or deposited at the Post Office on which the delivery address indicated by the Buyer depends, in the event of the absence of the recipient of the Products. In the latter case, the postman will leave a calling card in the mailbox of the said recipient allowing the collection of the parcel during the working hours of the Post Office, within fifteen (15) days.
6.5 The delivery address must not be a PO box. The information provided by the Buyer when placing the order is binding on the Buyer. In the event of an error in the recipient's contact details, PASTELLE PARIS cannot be held responsible for the impossibility of delivering the Product.
6.6 Shipping prices are calculated based on the weight of the package and the destination, according to the scales in force by the postal services. For any delivery outside mainland France, shipping costs are due regardless of the amount of the order. Any reshipment due to an incorrect delivery address or non-collection from the Postal Services will give rise to the payment of additional costs, after acceptance by the Buyer. In the event of the Buyer refusing to pay these additional reshipping costs, the order will be canceled and the price of the order will be refunded to the Buyer's account less the shipping costs incurred.
- b) Delivery problems
6.7 Delivery Times are available on the Site and may vary depending on the availability of the products that were the subject of the Order.
Delivery Times are understood to be in working days and correspond to the average times for preparing and delivering the Order within the Territory.
> Delivery Times run from the date of Confirmation of the Order by the Seller.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above. However, these deadlines are provided for informational purposes only and any delay in delivery will not give rise to any damages, retention or cancellation of the order by the Buyer. However, if the products ordered have not been sent within 7 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the Buyer will then be returned to him without delay, excluding any compensation or retention.
The Customer is solely responsible for non-performance or poor performance of the contract due to a lack of information when placing the Order (incorrect or incomplete address, name error, etc.).
6.8 The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is the Customer's responsibility to make any reservations and complaints he deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller by email and return the Goods to the address indicated.
- (c) Limitation of liability
6.9 The Products offered comply with current French legislation. PASTELLE PARIS cannot be held liable for non-compliance with the legislation of the country where the Products are delivered. It is the Buyer's responsibility to check with local authorities the possibilities of importing or using the Products ordered.
6.10 Only guarantee given: the Products are in perfect condition when handed over to the carrier. No other express or implied guarantee is given.
Article 7: PRODUCT EXCHANGE/RETURN: RIGHT OF WITHDRAWAL
7.1 The Buyer has a right of withdrawal for the following reasons:
- Dissatisfaction with the Product for any reason;
- Non-conformity of the Product.
7.2 In both cases referred to in point 7.1, the Buyer will have the option of asking JOE'S PARIS to exchange or refund the Product if the product is not on sale.
7.3 To exercise his right of withdrawal, the Buyer must make his request within a period of Fourteen (14) days following receipt of the Product. The Product must be returned to PASTELLE PARIS at the address given in article 12 and under the following conditions:
- To be in perfect condition,
- Never having been used,
- Be in its original packaging,
- Be accompanied by your invoice.
7.4 The costs associated with returning the Items will be reimbursed by PASTELLE PARIS only in cases where the Item delivered is different from the one ordered or if the product is damaged.
7.5 PASTELLE PARIS does not accept packages with freight collect. Any risk associated with the return of the Product is the responsibility of the Buyer.
7.6 If the above-mentioned conditions are met and if the Buyer has requested a refund for the Product, PASTELLE PARIS will refund to the Buyer, within fifteen (15) days from the date on which the Product was received back by PASTELLE PARIS, the sums corresponding to the Product(s) acquired by him.
Article 8: DATA PROTECTION
8.1 The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will automatically result in the order being rejected.
8.2 The security protocol guarantees total confidentiality of the information transmitted. PASTELLE PARIS undertakes not to transmit or use any personal information of its Buyers (Data Protection Act No. 78-17) unless it is strictly related to its activity.
8.3 In accordance with the French Data Protection Act No. 78-017 of 6 January 1978, the User has the right to access, rectify and object to any disclosure of personal information concerning him/her. To exercise this right, the User must submit a request to PASTELLE PARIS by email or by post to the contact details provided in Article 11.
8.4 The processing of personal information relating to Users is the subject of a declaration to the National Commission for Information Technology and Civil Liberties (CNIL): n°1359103.
Article 9: LIABILITY – FORCE MAJEURE
9.1 PASTELLE PARIS has a simple obligation of means for all stages of access and ordering on the Site (order process, delivery, customer service, etc.).
9.2 PASTELLE PARIS cannot be held liable for any inconvenience or damage inherent in the use of the Internet, a breakdown in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law, including in particular a postal services strike, stock shortage at the manufacturer, destruction or total loss of stock, the cessation of production of a model of which PASTELLE PARIS has not been informed as well as any other exceptional event.
Article 10: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, are protected by copyright and intellectual and artistic property rights worldwide. Any total or partial reproduction of the Site is strictly prohibited without prior agreement.
Article 11: COMMERCIAL OFFERS AND NEWSLETTERS
PASTELLE PARIS may send commercial offers to Customers by mail, email, text message, telephone or via all web spaces managed by JOE'S PARIS or any of its subsidiaries on social networks, subject to prior acceptance.
The Client has the option at any time to object to commercial prospecting mailings free of charge by clicking on the “unsubscribe” link included in each email.
Article 12: CONTACT
By mail to:
PASTELLE PARIS Boutique
43, rue Marius Aufan 92300 Levallois-Perret, FRANCE
By email to: contact@pastelleboutique.com
Article 13: PARTIAL INVALIDITY
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 14: ENTIRE CONTRACT
14.1 These General Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
14.2 In the event of any contradiction between these documents, the General Conditions of Sale shall prevail.
Article 15: APPLICABLE LAW – COMPETENT JURISDICTIONS
These General Conditions of Sale and the contractual relations between the Parties are subject to French law.
Legal notices
www.pastelleparis.com is published and distributed by:
CEO: Benjamin Elbaz
ADDRESS: 43 chemin des vignes 93000
SIRET: 88201640500012
The entire site is the exclusive property of Pastelle PARIS. No reproduction or representation may take place without the prior written consent of Pastelle PARIS. Pastelle PARIS does not guarantee the accuracy or completeness of the information made available on this site and the publisher cannot be held liable for any errors. If you notice any, please report them to: contact@pastelleboutique.com. PASTELLE PARIS reserves the right to correct the content at any time and without notice.