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Terms and Conditions
https://www.pablo-paris.fr/en/ is registered in the Metz Trade and Companies Register under number 501 670 772
I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale (the "GTCS") detailed below apply to all orders for products and services placed via the Site (the "Products") with https://www.pablo-paris.fr/en/ by any person (the "Customer").
The Customer must read the General Terms and Conditions of Sale prior to placing any order (the "Order"), the General Terms and Conditions of Sale being available on the Site.
https://www.pablo-paris.fr/en/ reserves the right to adapt or modify these terms and conditions at any time. The version of the GCS applicable to any sale is that appearing online on the site https://www.pablo-paris.fr/en/ at the time of the Order. Consequently, placing an Order requires the Customer's full prior and unreserved acceptance of the General Terms and Conditions of Sale by clicking on the "I have read and accept the General Terms and Conditions of Sale" button.
II. SITE INFORMATION AND ACCESSIBILITY
https://www.pablo-paris.fr/en/ is an e-commerce site.
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, programmed or not, by https://www.pablo-paris.fr/en/ or its service providers, for the purposes of maintenance and/or security or in the event of force majeure (as defined below). https://www.pablo-paris.fr/en/ shall not be held liable for any damage whatsoever resulting from the unavailability of the Site.
https://www.pablo-paris.fr/en/ does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this respect, it may freely determine, at its sole discretion, any period of unavailability of the Site or its content. https://www.pablo-paris.fr/en/ cannot be held responsible for data transmission, connection or network unavailability problems.
https://www.pablo-paris.fr/en/ reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially alter the conditions of the provision of services, the Customer may be informed of the modifications, but his acceptance is not requested.
III. SITE REGISTRATION
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the "Account").
Customer registration on the Site is validated by https://www.pablo-paris.fr/en/ after verification of the standard form completed by the Customer.
When creating an Account, the Customer must ensure that the information provided is accurate and complete. It is the Customer's responsibility to keep their personal information up to date. In the event of an error in the recipient's contact details, https://www.pablo-paris.fr/en/ shall not be held liable for the impossibility of delivering Products.
In order to make registration or connection to the Site easier and faster, the Customer can automatically pre-fill the registration form using the "Facebook Connect" option.
To find out more about the protection of personal data during collection, processing and use, as well as optional rights and settings to protect privacy, the Customer can consult Facebook's privacy policies at www.facebook.com.
By registering on the Site, the Customer declares and guarantees to https://www.pablo-paris.fr/en/ that he/she is of legal age and has the legal capacity to enter into a contract.
https://www.pablo-paris.fr/en/ may delete the Customer's Account at any time, for any reason, at its sole discretion.
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, subject to availability. This information is updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of https://www.pablo-paris.fr/en/ .As such, https://www.pablo-paris.fr/en/ cannot be held responsible for the cancellation of a Product Order due to stock depletion.
https://www.pablo-paris.fr/en/ takes the utmost care in the presentation and description of its Products in order to provide the Customer with the best possible information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
https://www.pablo-paris.fr/en/ does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer may receive, following an Order, a part previously returned by another person. Please note that https://www.pablo-paris.fr/en/ will only accept the return of undamaged and unworn Products, these two conditions being checked before the returned Products are returned to stock.
V. ORDERS
Orders placed on the Site are subject to compliance with the procedure established by https://www.pablo-paris.fr/en/ on the Site comprising successive stages leading to the validation of the Order.
The Customer may select as many Products as he or she wishes, which will be added to the shopping basket (the "Basket"). The Shopping Cart contains a summary of the Products selected by the Customer, together with their prices and related charges. The Customer is free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the GCS, the Products purchased, their prices and the associated charges.
A confirmation e-mail summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by https://www.pablo-paris.fr/en/ .To this end, the Customer formally accepts the use of electronic mail for confirmation by https://www.pablo-paris.fr/en/ of the content of its Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
https://www.pablo-paris.fr/en/ reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the Site. Despite the best efforts of https://www.pablo-paris.fr/en/ in order to satisfy its customers' expectations, the latter may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
https://www.pablo-paris.fr/en/ shall not be held liable to the Customer or any third party for the harmful consequences of the removal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after the confirmation e-mail summarizing the Order has been sent.
https://www.pablo-paris.fr/en/ also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND TERMS OF PAYMENT
Product prices are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in US dollars for the United States, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices shown are calculated and include the value-added tax (VAT) applicable in France or in the country of delivery located in the European Union.
https://www.pablo-paris.fr/en/ reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
Products are payable in cash when the Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment service provider Banque Populaire.
The Customer expressly acknowledges that the communication of his/her bank card number to https://www.pablo-paris.fr/en/ authorizes the Customer's Account to be debited for the price of the Products ordered. Where applicable, Benda Bili shall send the Customer notification of the cancellation of an Order due to non-payment, to the e-mail address provided by the Customer when registering on the Site.
The data recorded and stored by https://www.pablo-paris.fr/en/ constitute proof of the Order and of all sales made. The data recorded by Paypal or Banque Populaire constitute proof of all financial transactions between the Customer and Banque Populaire https://www.pablo-paris.fr/en/ . .
VIII. DELIVERY
Deliveries are made by La Poste, from Monday to Saturday, depending on the option chosen by the Customer when validating the Order.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section.
When https://www.pablo-paris.fr/en/ is responsible for shipping the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is entrusted with the transport by the Customer and not by https://www.pablo-paris.fr/en/ . .
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company).
In the event that Delivery is impossible due to an incorrect delivery address or failure by the Customer to collect his/her Order from the selected collection point or from La Poste, no reshipment will be carried out and the Customer will be reimbursed within five (5) days of receipt of the Order by https://www.pablo-paris.fr/en/ . .
https://www.pablo-paris.fr/en/ delivers orders within a maximum period of twelve (12) working days for delivery in mainland France and twenty (20) working days for international delivery, this period being counted from the first working day after the order has been validated (please note that https://www.pablo-paris.fr/en/ does not deliver Products to the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates).
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, intercom names and/or numbers, etc.).
https://www.pablo-paris.fr/en/ shall not be held responsible for any delay in delivery that is not of its making or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the Customer may request cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of the request. Notwithstanding the foregoing, https://www.pablo-paris.fr/en/ will not be held responsible for any consequences resulting from a delay in delivery parwww.pablo-paris.fr to the exclusion of any other form of compensation.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Time limit and conditions for exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the non-professional Customer has a period of thirty (30) days from receipt of the Order to exercise his right of withdrawal by contacting https://www.pablo-paris.fr/en/ ,without having to justify its decision.
The right of withdrawal can be exercised either by logging on to your customer account in the "order" section, or by using and sending the sample withdrawal form appended to the General Terms and Conditions of Sale, by post, to the following address: Atelier Mistinguett - Service retours - 46 Rue de la Chèvre - 57000 Metz, France, or by email to hello @ mistinguett-paris.fr
9.2. How to return an order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer shall return the Order, without undue delay and, at the latest, within thirty (30) days of communicating his decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
After this period of thirty (30) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed. The return of Products is at the Customer's expense and risk.
9.3. Refunds for products returned under the right of withdrawal
The reimbursement of the Order by https://www.pablo-paris.fr/en/ is carried out at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, reimbursement is subject to the following conditions https://www.pablo-paris.fr/en/ has been able to recover the Products which are the subject of the return and the request for reimbursement.
https://www.pablo-paris.fr/en/ will make the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees that another means of payment may be used. If this means of payment has expired, the Customer must contact customer service to change the method of reimbursement, at no cost to the consumer. https://www.pablo-paris.fr/en/ will not be responsible for any refunds on expired payment methods.
The reimbursement of an order paid with a gift card, gift card or credit note will be automatically reimbursed as a credit note.
If the Customer fails to comply with these GTC, https://www.pablo-paris.fr/en/ will not be able to reimburse the Products concerned. In all cases, return shipping costs are the responsibility of https://www.pablo-paris.fr/en/ if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. WARRANTIES - LIMITATION OF LIABILITY
10.1 Limitation of liability
The responsibility of https://www.pablo-paris.fr/en/ s liability in respect of any Product purchased on the Site is strictly limited to the purchase price thereof. https://www.pablo-paris.fr/en/ shall not be liable for any of the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- expected loss of savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, in particular to order a Product,
- moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.
https://www.pablo-paris.fr/en/ provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect them against any bugs, viruses or other such programming routines that may prove harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data resulting from the download of such content.
https://www.pablo-paris.fr/en/ is only obliged to deliver Products that comply with the contractual provisions. Products shall be deemed to comply with the contractual provisions if the following conditions are met: (i) they comply with the description and possess the characteristics set out on the Site; (ii) they are suitable for the purposes for which products of this kind are generally designed; (iii) they meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, https://www.pablo-paris.fr/en/ guarantees consumers against defects in conformity and latent defects for Products sold on the Site under the following conditions:
10. 2 Legal warranties
All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products free of charge.
Legal warranty of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L211-5 of the French Consumer Code: "To conform to the contract, the good must :
1) Be fit for the purpose ordinarily expected of similar goods and, where applicable :
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ;
have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L211-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods
Warranty against hidden defects
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them"
Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity."
Under the legal warranty for hidden defects, https://www.pablo-paris.fr/en/ ,at the Customer's option, undertakes, after evaluation of the defect :
- Or refund the full price of the returned Product,
- Or to refund part of the price of the Product if the Customer decides to keep the Product.
Warranty exclusions
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover Products damaged in transit after delivery or as a result of misuse.
10.3 Terms and conditions of warranty
Under the legal warranty of conformity, the Customer :
(i) has a period of two (2) years from the date of delivery of the goods to act ;
(ii) may choose between repair or replacement of the good, subject to the cost conditions set forth in Article L217-9 of the French Consumer Code ;
(iii) is exempted from proving the existence of the lack of conformity of the goods during the two-year period.
The legal warranty of conformity applies independently of any commercial warranty.
The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
For all requests concerning legal warranties, the customer should contact the Customer Relations Department at hello@mistinguett-paris.fr
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of implementing legal warranties
Under the legal warranty of conformity, https://www.pablo-paris.fr/en/ ,is committed to the customer's choice:
- or replace the Product with an identical product subject to availability,
- or to refund the price of the Product if the replacement of a Product proves impossible.
Under the legal warranty for hidden defects, https://www.pablo-paris.fr/en/ ,at the Customer's option, undertakes, after evaluation of the defect :
- either refund the full price of the returned Product, or refund part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeures
In the event of a force majeure event preventing performance of these GTC, https://www.pablo-paris.fr/en/ shall inform the Customer within fifteen (15) days of the occurrence of such event, by e-mail or by registered letter with acknowledgement of receipt. The following are expressly considered to be cases of force majeure or fortuitous event, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of https://www.pablo-paris.fr/en/ or the Customer without compensation on either side. Default of payment by the Customer cannot be justified by force majeure.
XI. RETENTION OF TITLE
https://www.pablo-paris.fr/en/ retains full and complete ownership of the Products sold until full payment has been received, including principal, costs, taxes and compulsory contributions.
XII. PARTIAL DISABILITY
If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
XIII. NON-RENUNCIATION
No tolerance, inaction or inertia from https://www.pablo-paris.fr/en/ shall not be construed as a waiver of its rights under the GCS.
XIV. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION
The sale of Products is subject to French law.
In the event of a complaint that has not been resolved amicably by Customer Services, and in accordance with Article L612-1 of the French Consumer Code, the customer may have recourse, free of charge, to the MEDICYS mediation service, by e-mail to the following address https://app.medicys.fr/ or by post: MEDICYS - 73 boulevard de Clichy - 75009 Paris. The Mediator Service may be contacted for any consumer dispute which has not been settled.
The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the GCS, the performance or termination of a sale, or the interpretation, performance or termination of the present contract shall be submitted to the legally competent courts.
APPENDIX 1: SAMPLE WITHDRAWAL FORM
(Please complete and return this form with your order number only if you wish to withdraw from the contract. We recommend that you also state your order number)
For the attention of Mistinguett - 46 Rue de la Chèvre - 57000 Metz, France
E-mail: hello@mistinguett-paris.fr
I hereby notify you of my withdrawal from the contract for the sale of the good(s) below:
Ordered on .................(order date) and/or received on .................(delivery date)
Customer name :
Customer address :
Signature of consumer customer (only if this form is sent on paper)
Date :
For further information, please contact Customer Service at hello@mistinguett-paris.fr
LEGAL INFORMATION
It is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
I. PUBLISHER
The publication manager is Paul Vallejo, legal representative of https://www.pablo-paris.fr/en/ . .
Contact: hello@mistinguett-paris.fr
II. HEBERGEUR
Planet Hoster
III. DESIGN AND PRODUCTION
IV. PERSONAL DATA AND COOKIES
In accordance with the provisions of law no. 78-17 of January 6, 1978 relating to data processing, data files and individual liberties, the site has been registered with the CNIL (Commission Nationale Informatique et Libertés) under number 2039445.
All the information in your Account will only be used in the context of your commercial relationship with https://www.pablo-paris.fr/en/ .This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are handled entirely by Paypal or by our partner Banque Populaire's secure payment module. The site uses cookies (connection cookies), of which the user is informed when he/she arrives on the website, to record information relating to the computer's navigation on the website. These cookies are installed only after acceptance by the user, and continued browsing of the website constitutes acceptance. Users may prevent the use of cookies by adjusting their browser settings, bearing in mind that access to certain services may require prior acceptance of cookies by the user.