Terms of sale
Preliminary presentation
These General Sales Conditions are entered into and exclusively between PAULE KA, a Société par Actions Simplifiée with a capital of 207,000 euros, located at 223, rue Saint Honoré, and registered with the Commercial Registry of Paris under the SIRET number 302 077 987 00105, whose VAT number is FR 2730207798700055, hereafter " the Company", and any person carrying out a purchase on the site www.pauleka.com (hereafter "the Site"), hereafter the "Internet User".
The Internet User represents that he/she is an adult or has obtained parental authorization and has the legal capacity to contract, allowing him/her to place orders on www.pauleka.com. For any question relating to a purchase online, the Customer Service of www.pauleka.com can be reached :
- by email sent to serviceclient-eshop@pauleka.com
- by telephone, at + 33 1 40 29 03 06 (cost of a normal telephone call), from Monday through Friday and from 9:30AM through 6:00PM
The parties agree that their relations will be governed exclusively by these General Sales conditions :
Article 1: Methods for Ordering
Article 2: Products
Article 3: Price
Article 4: Payment Methods
Article 5: Delivery
Article 6: Non-conformity of products
Article 7: Exchanges and reimbursements
Article 8: Right of Withdrawal
Article 9: Liability and Warranty
Article 10: Title retention clause
Article 11: No waiver
Article 12: Validity of the General Sales Conditions
Article 13: Intellectual property
Article 14: Protection of personal data
Article 15: Dispute resolution
Article 1 : Methods for Ordering
The placing of an order is carried out in several stages, as evidenced by a succession of different screens on which the various phases will be indicated and which the customer is required to respect in order to validate his/her order :
1) the Internet User fills his/her basket with items
2) when the Internet User has completed filling his/her basket with items, the Internet User will validate his/her order
3) the Internet User log in or create an account and fills his/her billing and delivery address
4) a recap page appears which allows the Internet User to check the details of his/her order and its price as well as checking potential mistakes before validating it
5) the Internet User will complete the payment request
6) the Internet User will receive an email validating his/her order
The Internet User has the possibility of modifying his/her order basket before the final validation. He/She can remove an item which was initially selected, modify quantities ordered or even add an item.
The validating email of the order will signify the acceptance by the Company of the Internet User's order and will thus constitute the sales agreement between the parties.
In some cases, in particular in the event of failure to pay, a mistaken address or any other problem on the Internet User's account, the Company reserves the right to block the Internet User's order until the problem is resolved.
Article 2 : Products
The products being offered for sale by the Company are those appearing on the Site www.pauleka.com on the date on which the Internet User consults the Site. The products and the prices offered are valid as long as they remain visible on the Site, except for special operations whose period of validity is indicated on the Site. The Internet User is invited to consult the availability of the items sold on the information page for each product.
The products are made available for sale within the limit of available inventory.
The products offered for sale are described and presented with the greatest degree of accuracy possible in the product description, including in particular its properties, characteristics and composition. However, if errors or omissions appear in the presentation, the Company cannot be held responsible.
The photographs and texts illustrating the products are for indicative purposes only and do not form part of the contractual relationship between the parties.
Article 3 : Price
The prices displayed on the Site are in Euros (€) (TTC), all taxes included and including VAT.
Any change in the applicable VAT rate or any creation or modification of taxes or charges, including environmental, may be included in the price of the products. However, the prices cannot be modified once the Internet User's order has been validated. The prices indicated on the Site are guaranteed for as long as they are online and within the limits of available inventory.
Article 4 : Payment Methods
The payment of all purchases by the Internet User will be made by :
- all cards belonging to the "CB" network, Visa, Mastercard.
The Site www.pauleka.com does not retain any credit card number.
By providing his/her bank card number and/or banking data, the Internet User accepts in advance and without any condition that the Company will carry out the secured transaction.
The Internet User therefore authorizes in advance his/her bank to debit his/her account upon receiving registered orders or statements provided by the Company, even in the absence of invoices signed by the holder of the card.
In order to ensure the security of payments, the Site www.pauleka.com uses the secured payment service CM-CIC p@iement.
Article 5 : Delivery
The Company will use its best efforts so that the order is delivered, accompanied by the corresponding invoice, within an average time period of 7 working days, and agrees in any event to deliver them within a maximum period of 30 working days from the day following the payment of the order, in accordance with the provisions of article L. 121-20-3 of the French Consumer Code ("Code de la Consommation"), except in the event of force majeure.
It is hereby specified that the orders registered on the Site on any Friday afternoon beginning at 1pm, on any Saturday or on any Sunday, will be processed on the following Monday. Orders registered on the Site on a holiday will be processed the following working day.
The products ordered by the Internet User will be delivered only on the territory of metropolitan France, at the address indicated by the Internet User, accompanied by the bill of delivery and the invoice. The Internet User has the possibility of having the products delivered to an address other than his/her own address.
Article 6 : Non-conformity of Products
Upon receipt of the order, the Internet User must verify the conformity of the products received pursuant to the order placed. Any irregularity concerning the delivery (i.e. : missing or damages products, products not conforming to the order, damages package) must be notified within 7 days following the receipt of the products, to the Customer Service of the Company, by one of the following means:
- by simple letter, by writing to the following address : PAULE KA - Internet Orders Service - 223, rue Saint Honoré - 75001 PARIS
- by email sent to serviceclient-eshop@pauleka.com
- by telephone at +33 1.40.29.03.06 (cost of a normal call) from Monday through Friday and from 9:30AM through 6:00PM
Except for a valid reason, any request made later than 7 days following receipt of the products will not be considered.
The Internet User will be reimburse of the price of the order, by no later than 7 days from the notification of the non-conformity, to Customer Service of the Company.
The Company reserves the right to request that the Internet User return to it the non-conforming or damaged product.
In the event of any abnormal or abusive request, the Company reserves the right to refuse to fill any subsequent order.
Article 7 : Reimbursements
The Internet User may call Customer Service, which will indicate to him/her the procedure to be followed, at the following number : +33 1.40.29.03.06 (cost of a normal call), from Monday through Friday, from 9:30AM through 6:00PM or by email to the following address : serviceclient-eshop@pauleka.com
In case of abnormal or abusive exchanges or returns, the Company may refuse to fill any subsequent order.
Without prejudice to the provisions relating to the legal guaranty and to the right to cancel, the Internet User has a time period of 7days to return, at his/her expense, all products which he/she ordered if these products are not satisfactory. This time period begins to run from the date of receipt of the products.
In order for the products to be returned, they must not have been worn or washed. The products must be returned in their original condition and packaging to the following address: PAULE KA - Internet Order Service - 223, rue Saint Honoré - 75001 PARIS, accompanied by the invoice.
Products returned in any form other than in their original condition and packaging, for instance incomplete, damages, worn or dirtied by the Internet User, will not be accepted.
If the above-mentioned conditions are fulfilled, the Company will reimburse to the Internet User the price of his/her order by no later than 30 days from receipt by the Company of the products.
When an order has been placed with a price reduction coupon, the value of such coupon will be deducted from the amount of the reimbursement on a prorated basis for the total number of articles ordered.
Article 8 : Return Policy
The Internet User has a period of 7 clear days beginning from the date of receipt, to return the products that he/she ordered, at his/her expense and without giving any reason.
In order for the products to be returned, they must not have been worn or washed. The products must be returned in their original condition and packaging to the following address : PAULE KA - Internet Order Service - 223, rue Saint Honoré - 75001 PARIS, accompanied by the invoice.
If the above-mentioned conditions are satisfied, the Company will reimburse to the Internet User, by check or wire transfer, the total amount of his/her order, within 30 days from the date of receipt by the Company of the products, except for the cost of the return of the products which will remain for the account of the customer.
Article 9 : Liability and Warranty
Article L. 211-4 of the Consumer Code:
The Seller is required to deliver a product which conforms to the contract and must correct defects which exist at the moment of delivery. The seller is also required to correct defects in conformity resulting from the packaging, assembly or installation instructions, when this has been made one of its obligations by the contract or has been carried out under its responsibility.
Article L. 211-5 of the Consumer Code:
In order to be in conformity with the contract, the product must :
1° be fit for the normal use expected from such product and, if applicable:
-correspond to the description given by the seller and have the qualities which the seller indicated to the purchaser in the form of a sample or model;
- have the qualities that a purchaser can legitimately expect, given the public statements made by the seller, by the producer or by its representative, in particular in advertising or ticketing;
2° or have the characteristics defined by joint agreement by the parties, or be fit for any special purpose requested by the purchaser, made known to the seller and accepted by the seller.
Article L. 211-12 of the Consumer Code:
Any action based on the defect of the product must be brought within two years from the delivery date of such product.
Article 1641 of the Civil Code:
The seller is required to guaranty against the hidden defects of the product sold which render it unfit for the use for which it is intended, or which diminishes such use that the purchaser would not have bought it, or would have purchased it only at a reduced price, if it had been aware of such defect.
Article 1648, first paragraph, of the Civil Code:
The action arising from serious defects must be brought by the purchaser within a period of two years from the discovery of such defect.
The Company only has a duty to use reasonable efforts with respect to the steps of access to the site, the ordering process, the deliver and any subsequent services.
The Company's responsibility shall not be engaged for insignificant errors which might occur during the downloading of information on the website, the description of articles and data available on the Site, as well as their regular updates.
Similarly, although the photographs and other reproductions of the articles represent them faithfully on the Site within the limits of technical ability and the best practices of the market, these are only provided for indicative purposes and do not have any contractual value.
The responsibility of the Company shall not be engaged for all inconveniences or harm which are inherent in the use of the Internet, such as service interruption or the presence of computer viruses.
Moreover, the Company declines responsibility for any breach of its contractual obligations in the event of force majeure or accident, including, without this list being exclusive : internal or external strikes, fire, catastrophe, internal or external failures, and in general any event not allowing for the smooth performance of orders.
Article 10 : Title retention cause
The Company shall retain ownership of the items delivered until their full payment (principal amount and interest). The payment shall be deemed made upon effective receipt of the price.
In the event of full or total non-payment, the Company may without prior notice claim the return of the item(s) having been delivered by the Company to the Internet User.
Article 11 : Non-Waiver
The fact that the Company does not require at any time the performance of any of its obligations under these General Sales Conditions shall not be interpreted as a waiver of the subsequent right to invoke full or partial non-performance.
Article 12 : Validity of the General Sales Conditions
If any of the paragraphs or clauses of these General Sales Conditions is found to be null and void or unenforceable, the remaining General Sales Conditions shall remain in effect, unless the invalidated obligation is an essential obligation, the suppression or cancellation of which would prevent the performance of the General Sales Conditions in their entirety.
Article 13 : Intellectual Property
All of the elements of the Site www.pauleka.com, whether visual or with sound, including all related technology, are protected by the applicable authors' rights, marks or patents.
They are the sole property of the Company. The Internet User who has a personal Internet site and who wishes to place, for his/her personal use, on his/her site a simple link leading directly to the home page or any other page of the Site www.pauleka.com, must first obtain the authorization of the Company.
However, any hypertext link leading to the Site www.pauleka.com and using in particular the technique of framing, deep-linking, in-line linking or any other technique for deep links are in all cases formally prohibited.
In all cases, any link, even if implicitly authorized, must be removed at the first request of the Company.
Article 14 : Protection of personal data
14.1 Information
- Purpose of the processing
Providing personally identifiable information during online sales is required, as this information is necessary for the processing and the delivery of orders as well as for the preparation of invoices. This information will be retained for a period of 1 year.
In the event of registering on the Site www.pauleka.com, the Company may also be required to use data provided in order to communicate various information, including commercial (newsletters, etc.), to the Internet User. Sending emails with a commercial character is subject to the receipt of the prior consent of the Internet User.
This information is strictly confidential and is only for the use of the Company.
- Computer and Liberties Law
In accordance with Law N° 78-17 of 6 January 1978 on computers, files and liberties, the processing of personally identifiable information collected on the Site www.pauleka.com has been declared to the Commission Nationale de l'Informatique et des Libertés.
The Internet User has a right to access, to modify, to correct and to remove data concerning him/her, as well as a right to oppose, for legitimate reasons, the processing of such data.
To exercise this right, the Internet User must send an email to the Customer Service of the Company at the following address serviceclient-eshop@pauleka.com or a letter to the following address : PAULE KA - Internet Order Service - 223, rue Saint Honoré - 75001 PARIS
14.2 Cookies
The Company makes use of cookies. The cookie is a computer file stored on the hard drive of a computer of the Internet User. Its purpose is to indicate a prior visit of the Internet User on the Site www.pauleka.com. Cookies are only used by the Company for the purpose of improving personalized service for the Internet User.
It is possible to turn off the use of the cookies by selecting the appropriate settings on the browser.
However, turning off cookies might prevent the use of certain functionalities of the Site www.pauleka.com, in particular the possibility to personalize services delivered on the Site www.pauleka.com.
- Google Analytics Cookies
Moreover, the Company uses "Google Analytics", an analysis service of Internet sites provided by Google Inc.
This service measures traffic generated on the Site of the company with the assistance of cookies which contain totally anonymous data.
This data relating to the use of the Site www.pauleka.com will be sent and stored under the sole responsibility of "Google".
- Other Cookies
The Company may forward non-personally identifiable data to authorized third parties, by the use of third party cookies.
Third parties authorized by the Company agree to use this data in accordance with the provisions of the "Computer and Liberties" law of 6 January 1978 as modified by the Law of 6 August 2004 and to create Policies for the respect of private life.
For more information : www.cnil.fr
Article 15 : Dispute resolution
These General Sales Conditions are subject to French law.
In the event of any dispute arising under this contractual relationship, the Internet User and the Company agree before any legal action to attempt to reach an amicable settlement.
In the event of any legal action, the French courts shall have exclusive jurisdiction.