General conditions of sale

ARTICLE 1 – General provisions

 

1-1 – Scope of application

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by PAULE KA, a French société anonyme (corporation) with capital of €2,500,000, having its registered office at 223 rue Saint Honoré, 75001 Paris, registered with the Paris Trade and Companies Register under the number 302 077 987 and for which the VAT number is FR 27302077987 (hereinafter “PAULE KA”) to final consumers who wish to purchase products that are sold on the website pauleka.com exclusively for their own personal requirements and with no direct or indirect connection with a commercial activity, or an activity as an intermediary or a reseller (hereinafter the “Client”).

The Client acknowledges that s/he is acting in the capacity of a consumer and that s/he has no intention of reselling PAULE KA items for a commercial purpose.

The Client also certifies that s/he has the legal capacity to make the contractual commitments provided for herein and, in particular, that s/he is fifteen years of age or older.

These General Conditions of Sale for online sales state, in particular, the conditions that govern orders, payments, deliveries and the management of any returns of Products that are ordered by Clients.

 

 

1-2 – Acceptance of the general conditions of sale

These General Conditions of Sale apply, to the exclusion of all other conditions or sales made via other distribution and sales circuits.

These General Conditions of Sale can be accessed at all times on the pauleka.com website and shall take precedence, as applicable, over all other versions or all other documents that are in contradiction therewith.

The Client declares that s/he has consulted these General Conditions of Sale and has accepted them before finalising his/her order. Confirmation of the order by the Client shall constitute unrestricted and unreserved acceptance of these General Conditions of Sale.

As these General Conditions of Sale may be amended at a later date, the version that is applicable to the Client’s purchase shall be that which is in force on the website on the date on which the order is placed. Amendments to these General Conditions of Sale shall be binding on users of the pauleka.com website as from the date on which they are placed online and cannot apply to transactions concluded previously.

Unless proved otherwise, the data stored in the PAULE KA IT system shall constitute proof of all the transactions concluded with the Client.

In accordance with the French Data Protection Act of 6 January 1978, as reinforced and completed by the GDPR (General Data Protection Regulation) that entered into force on 25 May 2018, at all times the Client shall have a right of access, rectification, objection, erasure and portability with regard to all of his/her personal data. Said right can be exercised by sending a letter, together with proof of his/her ID, to:

 

PAULE KA

Data Protection Officer

223 rue Saint Honoré – 75001 Paris

Tel: 01 40 29 80 31 – email: dpo@pauleka.Com

The Client acknowledges that s/he has the requisite capacity to enter into a contract and to purchase the items sold on the PAULE KA website.

If an order to is sent to a country other than metropolitan France, the Client shall be the importer of the item(s) concerned.

 

ARTICLE 2 – Information on the PAULE KA items that are displayed or sold on the website

 

The items that are sold on the pauleka.com website are prêt-à-porter and luxury items for women: clothes, fashion accessories, shoes, leather goods and jewellery.

The main characteristics of the items, and in particular the specifications, illustrations and information on dimensions or materials, are presented on the pauleka.com website.

The Client is required to consult said characteristics before placing any orders.

The choice and purchase of a Product are the exclusive responsibility of the Client.

The photographs, graphics and descriptions that are shown on the pauleka.com website are for information only and are not contractual in nature: PAULE KA will make every effort to ensure that the colours, motifs and materials of the items sold online are faithfully represented in the photographs and videos. However, differences may exist, in particular due to technical limitations in terms of rendering colours. These non-substantive errors or inaccuracies cannot trigger PAULE KA’s liability.

The Client should consult the description of each Product in order to know the essential properties and specificities thereof. The Client also has the possibility of obtaining additional information by calling the PAULE KA client service department (email: serviceclient.eshop@pauleka.com – tel.: +33 (0)1 73 01 45 71) or by asking questions in any PAULE KA store.

Items are sold within the limit of the available stocks, as specified when placing an order.

 

ARTICLE 3 - Orders

 

Offers are valid while visible on the website and within the limit of the available stocks. PAULE KA may change the items that are sold on its website with no prior warning or notice. These changes shall have no effect on orders that have already been placed.

The Client will be informed whether or not items are available when browsing the website pauleka.com and when placing items in the shopping cart. However, if an item ordered is no longer available, PAULE KA will inform the Client by any means and as soon as possible. Such unavailability items of items on its website cannot trigger PAULE KA’s liability.

It is up to the Client to select the Products that s/he wishes to order on the pauleka.com website, in accordance with the following terms:

 

3-1 – Selection of Items by the Client

When a Client browses the pauleka.com website, s/he can select the references and quantities of the items that s/he wishes to purchase by clicking on “Add to shopping cart”. The Client can then decide to continue shopping or order the selected item(s) by clicking on “Order”.

Once the Client has finished selecting the item(s) to purchase, s/he can change his/her order (add or remove items, change quantities and change sizes). Once s/he has finalised the contents of the shopping cart, the Client can click on “Confirm my order” in order to start the procedure to place an order.

 

3-2 – Identification

In order to complete his/her order, the Client is asked to identify himself/herself by filling in his/her email address, unless s/he has chosen to identify himself/herself before placing items in his/her shopping cart.

If the Client already holds a client account, all s/he has to do is it identify himself/herself using his/her email address and password.

If the Client does not yet have a client account, s/he must create a client account in order for his/her order to be processed.

The Client’s account is identified through the use of a password and a user name, which the Client chooses and are specific to him/her. The Client undertakes to ensure that this information remains strictly confidential and is never disclosed to third parties. The Client also undertakes to inform PAULE KA without delay of any loss or theft of said information, as well as, in general, of any fraudulent use of his/her client account.

 

3-3 – Confirmation of the order by the Client

In order to allow for the practical processing of his/her order, the Client must select a delivery method from among those proposed and enter a delivery address that is located on French territory.

The Client must also enter an invoicing address. If this address is identical to the delivery address, the Client just has to check a box to confirm this.

At each stage, an order summary will be presented to the Client so that s/he can check the accuracy of his/her order (in particular the items, prices, colours and sizes) and report any errors immediately.

Moreover, in order to confirm his/her order definitively, the Client must review and accept these general conditions of sale, as well as the PAULE KA Personal Data Processing Policy. (Mariem, we need to insert a link)

The Client must then select a payment method and enter the information needed to use the select payment method by following the instructions of the secure payment server.

 

3-4 – Formalising a contract of sale 

A sale shall only be deemed to be definitive after confirmation of acceptance of the order by PAULE KA has been sent to the Client, via email, to the email address provided for the client account, and after PAULE KA has received payment in full of the price. If the Client does not receive an email from PAULE KA after placing an order, s/he is requested to contact the client service department: email: serviceclient.eshop@pauleka.com – tel.: +33 (0)1 73 01 45 71.

All orders placed on the pauleka.com website result in a distance contract being entered into between the Client and PAULE KA. In accepting these general conditions of sale, the Client acknowledges that the emails as well as the automatically logged data used by the client relations department or by the pauleka.com website, in particular regarding the nature and the date of the order, shall be authoritative in his/her relations with PAULE KA.

 

3-5 – Tracking your orders

The summary of the Client’s order, as well as of the Client’s previous orders, are available in the “my orders” section of the Client’s account.

The Client can track the progress of his/her order on the pauleka.com website.

 

3-6 – The right to refuse orders

PAULE KA reserves the right to cancel or refuse all orders from a Client with whom there is a dispute over the payment of a previous order.

PAULE KA does not intend to sell items via the pauleka.com website to professionals, but solely to consumers or to non-professionals, for their personal requirements.

PAULE KA therefore reserves the right to refuse any abnormal orders for the same item or large quantities of items, which are not consistent with the pursuance of a non-commercial purpose.

Any changes to the order by the Client cannot be taken into account by PAULE KA. It is up to the Client to cancel the order in accordance with Article 8 of these general conditions of sale, and to place another order in parallel.

 

ARTICLE 4 - Listed prices

 

Items are supplied at the listed prices in force that are displayed on the pauleka.com website, when PAULE KA records the order. The prices are expressed in euros, exclusive of tax and inclusive of tax.

The listed prices take into account any reductions that are granted by PAULE KA on its website.

These listed prices do not include the costs of processing, shipping, carriage and delivery, which are invoiced in addition, under the conditions stated on the pauleka.com website and calculated prior to the order being placed.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

The Seller will draw up an invoice, which will be issued to the Client when the Products ordered are received.

 

ARTICLE 5 - Payment conditions

 

The price is payable on the spot, in full on the date on which the Client places the order, via a secure means of payment using one of the following methods:

  • by bank card: Visa, MasterCard, American Express or other bank cards
  • by PayPal
  • by Apple Pay

Payment data is encrypted using the SSL protocol that is certified by a certification authority.

The transaction shall then be effected by the Client in accordance with bank security and payment authentication standards, as per each bank’s specific procedure. It is expressly agreed between the Client and PAULE KA, that in providing his/her bank details and his/her bank card number, the Client authorises his/her bank to debit his/her account in order to pay the invoices transmitted by PAULE KA.     

If the Client’s bank refuses the payment, the order cannot be finalised and the sale cannot be concluded.

 

ARTICLE 6 - Deliveries

 

Items ordered by Clients from France on the website Pauleka.com/fr fr can be delivered to anywhere on French metropolitan territory, excluding DOM-TOM.

Items ordered by Clients from Germany on the website Pauleka.com/en de can be delivered to anywhere on German territory.

Items ordered by Clients from Belgium on the website Pauleka.com/fr be can be delivered to anywhere on Belgium territory.

Items ordered by Clients from Spain on the website Pauleka.com/en es can be delivered to anywhere on Spain territory.

Items ordered by Clients from Luxembourg on the website Pauleka.com/fr lu can be delivered to anywhere on Luxembourg territory.

Items ordered by Clients from United Kingdom on the website Pauleka.com/en uk can be delivered to anywhere on United Kingdom territory.

Items ordered by Clients from USA on the website Pauleka.com/en us can be delivered to anywhere on USA territory.

Items ordered by Clients from the other countries on the website Pauleka.com/en int can be delivered to anywhere on the territory of the country of the place of command.

The delivery time will vary according to the delivery method chosen by the Client. An indicative delivery time will be notified to the Client. This time will include the order processing time as well as the shipping time to the address provided by the Client when s/he placed his/her order on the pauleka.com website.

Except in specific cases or unless one or more items are unavailable, the items ordered will be delivered in a single shipment.

The items ordered will be delivered with proof of delivery in person, according to the Client’s choice when placing the order.

PAULE KA undertakes to use its best efforts to deliver the items ordered by the Client within the indicative delivery times notified to the Client. However, if the items ordered are not delivered within a timeframe of 30 days following the date of the order, for any reason other than force majeure or through the fault of the Client, the sale may be rescinded at the written request of the Client under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The amounts paid by the Client shall be returned to him/her at the latest within fourteen days of the date of notification of termination of the contract, to the exclusion of all indemnities or withholdings.
 

PAULE KA also offers free delivery to any of its stores that are located on French territory, the list of which is provided when the order is placed.

The Client is required to check the condition of the items delivered. If an item is defective or non-compliant, the Client must follow the procedure stipulated in Article 8 of these general conditions of sale, in order to return said items to PAULE KA, at the latest within 30 days of delivery, then obtain the reimbursement of these items and of the delivery costs.

Once said 30-day timeframe has expired, and unless these formalities are carried out, the items shall be deemed to be compliant and free of all visible defects. No claims can then be validly accepted by PAULE KA, without prejudice to the provisions of Article 9 of these general conditions of sale.

PAULE KA will reimburse or replace, as soon as possible and at its expense, the items delivered for which the compliance defects or the latent defects were duly proved by the Client, under the conditions stipulated in Articles L 217-4 et seq. of the French Consumer Code and those stipulated in these General Conditions of Sale (cf. the section on guarantees, in particular).

 

ARTICLE 7 – Transfer of title - Transfer of risks

 

Title to the PAULE KA items shall only be transferred to the Client after the Client has paid the price in full, regardless of the date of delivery of said items.

Regardless of the date of the transfer of title to the items, the associated risks of loss and damage shall only be transferred when the Client physically takes possession of the items. Items therefore travel at the risks and jeopardy of PAULE KA.

 

ARTICLE 8 – CANCELLATIONS AND RETURNS 

 

8.1 – Definition of the right of withdrawal:

The Client shall have a right of withdrawal, during a 30-day timeframe as from receipt of the order, in which to cancel his/her order and return part of all or his/her items. Items can be returned free of charge, subject to compliance with these general conditions.

PAULE KA moreover reserves the right to refuse a Client’s order in the event of a dispute with said Client, until the dispute has been resolved. The Client shall be informed of such a decision by email and, as applicable, will be reimbursed for any monies that were paid.

Moreover, this right of withdrawal does not apply to some items, including but not limited to:

  • Products that are manufactured in accordance with your specifications or are clearly personalised (adjustments, personalised requests or monogramed products);
  • Products which, for hygiene or storage reasons, are sealed, as soon as they have been unsealed;
  • Services, if we have started to provide them before the end of the 30-day withdrawal period.

 

8.2 – Notification of your decision to return or cancel an order:

The Client has a timeframe of 30 calendar days in which to notify his/her right of withdrawal. The timeframe will start to run as from the date of receipt of the product(s) ordered, as per the date shown on the delivery receipt.

In order to exercise his/her right of withdrawal, the Client may:

  • Return the product(s) directly, accompanied with the pre-filled printed return form, which you must complete and sign, as per the conditions stated in section 8.4 of these General Conditions of Sale

 

  • In the event of the loss of the printed return form, the Client can send a letter that unambiguously states his/her intent to withdraw from the sale. This letter must clearly state the information concerning the items returned (models, size and quantity), the date of receipt, as applicable, his/her contact details (first name, surname, client number, postal address and, to the extent possible, the email address and telephone number) and the order number, in accordance with the model below:

 

“To:

Paule Ka Service Client

3ème étage

223 rue Saint Honoré 

75001 Paris


I, the undersigned [first name and surname] hereby inform you that I wish to cancel my sale contract with regard to the following items:

      • Date of the order:
      • Order number:
      • List of the products:
      • Date of receipt of the products:
      • Client’s name: 
      • Client’s address: 
      • Client’s email address:
      • Client’s telephone number

                Date:

Client’s signature (only if using this printed form as notice)
 

 

Said letter and said information must be sent: either, by email to “serviceclient.eshop@pauleka.com”, or by postal letter to the following address: PAULE KA – service client – 3ème étage – 223 rue Saint Honoré – 75001 Paris

In the event of the return of a defective or non-compliant item, the Client is asked to specify to the client service department the nature of the non-compliance or defect observed, so that PAULE KA can take this into account in order to improve the quality of its goods and services.

 

 

8.3 – Timeframe for returning items:

In order to be able to exercise his/her right of withdrawal, the Client must imperatively return the items within 30 calendar days of receipt of the product(s) ordered, as per the date on the delivery receipt.

 

8.4 – Terms for returns:

Returns are free of charge provided that they comply with the return procedure detailed in these general conditions of sale: PAULE KA includes a Colissimo pre-paid return label in each of its orders.

The Client must return unused, non-damaged items, with their labels, accessories and parts, as well as all their original branded packaging and protections, so that they can be resold. Where possible, the Client must also return to us the non-branded packaging and protection that may be delivered with the items.

Items that are not returned, or that are returned incomplete, spoiled, altered, stained or in any other condition that gives reasonable grounds to believe that they were worn or used, will not be reimbursed. They may be sent back as is to the Client if the Client so wishes.

The Client must send the product(s) to the following address, accompanied by his/her shipping notice:

C log Harbour 
ZAC Paris Oise
BAT C cellules 1,2,3 
60126 Longueil Sainte-Marie 
France 

 

 

8.5 – Effect of the return: reimbursement:

In the event of a return, the Client will be reimbursed for the entirety of his/her order, as well as any return costs the Client may have incurred. The Client will receive his/her reimbursement within a maximum of 14 business days as from the receipt of the return by PAULE KA, or, if not, as from provision of proof that the returned products were shipped to us.

Reimbursement will be provided via the same means of payment as that used by the Client for the initial transaction, unless the Client and PAULE KA expressly agree on a different means.

This reimbursement will not trigger any expenses for the Client. However, pursuant to Article L221-24 of the French Consumer Code, the additional expenses borne by the Client, due to a choice of delivery method that is costlier than that proposed by PAULE KA, shall be paid by the Client and shall not be reimbursed to him/her.

Reimbursement is contingent on the receipt of the returned product(s).

 

8.6 – Liability:

The Client’s liability will only be triggered in respect of any damage to the item that results from handling other than that which is necessary to establish the nature, the characteristics and the correct functioning of said item.

In order to comply with the withdrawal period, all the Client has to do is to send his/her notice concerning the exercise of his/her right of withdrawal and to return the product(s) concerned before the expiration of the 30-day withdrawal and return timeframe.

 

8.7 – Exchange

Exchanges are not possible on the PAULE KA website.

If the Client wishes to order another product or a similar product with different characteristics (colour, size, etc.), the Client must use his/her right of withdrawal in accordance with the procedure stipulated in these general conditions of sale, then place a new order in parallel to the return process.

 

ARTICLE 9 - Seller’s Liability - Guarantee

 

The items sold on the pauleka.com website comply with the legislation in force in France, and have specifications that are compatible with the use that is habitually expected of a similar good.

The items supplied by PAULE KA benefit as of right and with no complementary payment, independently of the right of withdrawal, in accordance with the provisions of law, from a statutory guarantee of compliance and from a statutory guarantee against latent defects.

In order to assert his/her rights, the Client must inform PAULE KA, in writing:

  • of the non-compliance of the items within 24 months of the delivery
  • of the existence of latent defects within a maximum of 24 months of the defect being discovered. The Client must demonstrate and prove that s/he does indeed fulfil the conditions for benefiting from the guarantee against latent defects.

The Client must return the defective items or bring them to a store, in the state in which they were received (including all accessories, packaging, instructions, etc.).
 

The Client may choose between the repair or the replacement of the Product ordered, provided that one of these choices does not cause a clearly disproportionate cost for PAULE KA. If this is the case, the Client shall have the choice between returning the damaged item and being reimbursed for the entirety of the purchase price or of keeping the item and being reimbursed solely for part of the price, unless the compliance defect is non-significant or minor.

The shipping costs will be reimbursed on the basis of the listed price invoiced and the return costs will be reimbursed upon presentation of supporting documents.

The reimbursement will be made by crediting the Client’s bank account or by sending the Client a bank cheque.

PAULE KA’s liability cannot be triggered in the following cases:

  • noncompliance with the legislation of the country in which the products are delivered, which the Client is required to check,
  • in the event of incorrect use, use for professional purposes, negligence or a lack of maintenance by the Client, and in the event of the normal wear and tear of the Product, an accident or force majeure.

The Seller’s guarantee is, under all circumstances, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

 

ARTICLE 10 - Data Protection

 

Pursuant to Law no. 78-17 of 6 January 1978, as amended by Law no. 2018-493 of 20 June 2018, for the avoidance of doubt, the Client’s personal data is necessary for the processing of his/her order and for preparing invoices, in particular.

Said data may be disclosed to PAULE KA’s partners that are tasked with the fulfilment, processing, management and payment of orders.

The processing of information that is provided via the website pauleka.com meets the legal requirements for the protection of personal data, as the information system used ensure optimal protection of said data.

In accordance with the national and European regulations in force, the Client has a standing right of access, amendment, correction, objection, portability and restriction of processing, with regard to the information that concerns him/her.

This right may be exercised under the conditions and in accordance with the terms defined in our PAULE KA data protection policy. (Insert a link)

 

ARTICLE 11 - Intellectual property

 

The content of the website pauleka.com is the property of PAULE KA and of its partners, and is protected by French and international laws on intellectual property.

All direct or indirect reproduction, in whole or in part, of this content, is strictly prohibited and is liable to constitute criminal infringement.

Moreover, PAULE KA shall remain the proprietor of all the intellectual property rights to the videos, logo, photographs, presentations, studies, designs, models, prototypes, etc. that are presented on the website or produced at the Client’s request with a view to providing Services to the Client.

All total or partial reproduction or exploitation is therefore prohibited, regardless of the reason or medium, of said studies, designs, models and prototypes, etc. without the express, written, prior authorisation of PAULE KA, which may make said authorisation contingent on financial consideration.

The creation of hypertext links to one of the pages or one of the elements of the pauleka.com website is also prohibited, as is any non-compliant use of the website, and in particular any use for commercial and professional purposes, whether direct or indirect.

 

ARTICLE 12 - Force majeure

 

The Parties may not be held liable for failure to fulfil or the late fulfilment of any one whatsoever of their obligations, as described in these general conditions of sale, if it results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

The Party that identifies such an event must, in a timely manner, inform the other Party of the impossibility of performing its service and provide proof thereof to the other Party. The suspension of the obligations cannot under any circumstances be a cause of liability for failure to fulfil the obligation concerned, or trigger the payment of damages or default penalties.

It is expressly agreed that the Parties may terminate this agreement as of right on the grounds of force majeure, with no summons or formality, if the suspension of the performance of the contract concerned by said force majeure lasts for more than 20 days. In this case, the order will be cancelled and the Client reimbursed.

 

ARTICLE 13 - Applicable law - Language

 

These General Conditions of Sale and the operations that result therefrom are governed by and subject to French law.

These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, solely the French text shall be authoritative in the event of a dispute.

 

ARTICLE 14 - Disputes

 

All disputes to which the purchase and sale transactions concluded pursuant to these general conditions of sale may give rise, concerning the validity, the construction, the performance, the termination, the consequences and the results thereof, and which could not be resolved between the seller and the client, shall be submitted to the competent courts under the conditions of ordinary law.

The Client is informed that, at any time, s/he can request private mediation prior to any legal action, in order to seek an amicable agreement with PAULE KA, by using the services of the CMAP (Paris Centre for Mediation and Arbitration), which is the relevant consumer Mediator for PAULE KA.

In order to submit a dispute to the Mediator, the Client can fill out the form on the CMAP website: www.cmap.fr, tab “you are a consumer” or send an email to the following address: consommation@cmap.fr. In order for the CMAP to be able to process the Client’s request efficiently, the Client must provide his/her contact details, explain the difficulties encountered and steps taken with regard to PAULE KA in order to resolve them.

The Client is free to accept or refuse the use of Mediation and to accept or refuse the solution proposed by the Mediator. In the event that the solution proposed by the Mediator is refused, or in the event that Mediation is refused, the Client may bring the matter before the competent courts in accordance with the French Code of Civil Procedure and the French Consumer Code.

 

 

ARTICLE 15 - Pre-contractual information - Client’s acceptance

 

The fact that an individual (or a legal entity) places an order on the pauleka.com website, entails full and unreserved adherence to and acceptance of these General Conditions of Sale and of the obligation to pay for the Products ordered, which the Client expressly acknowledges. The Client waives, in particular, the right to avail himself or herself of any document to the contrary, which would not be binding on PAULE KA.