Terms and Conditions of Sales
Last update September 2019
Article 1 – Company information
Welcome to our website www.pacorabanne.com (the "Website").
This Website is published by PUIG FRANCE (“PUIG” or the “Company”), a simplified joint-stock company (SAS) with registered office at 65/67 Avenue des Champs Elysées, 75008 Paris (France), holder of Tax Identification Number (SIRET) nº 682 030 507 00219 and corded with the Commercial Registry of Paris R.C.S. nº 682 030 507, with a registered capital of 10.000.000 euros.
PACO RABANNE (hereafter “Paco Rabanne” or the “Company”) is a French simplified joint-stock company (SAS) whose head office is located at 17 Rue François 1er, Paris (75008), which is registered at the register of trade and companies of Paris under number 440 297 497, with a company capital of 40,039,000 euros, with Tax Identification number (SIRET) 44029749700057 and Intra-European VAT n°: FR47 440297497 which creates, designs and sells luxury ready-to-wear clothing and fashion accessories. For any question or help you may need, you may contact us at:
Contact email address: [email protected]
Telephone number: 0800 3760 810
Article 2 - Scope of application of the Terms and Conditions of Sale
These are the general terms and conditions of sale of the Company (hereafter the “Terms and Conditions of Sale”) which apply to any sales by Company and purchases by final consumers (for personal use only) of products carrying the Company's trademarks (hereafter the “Products”) offered for sale on the Company's website "www.pacorabanne.com" (hereinafter the "Website").
Please note that Company carries out delivery of its Products only in France and Monaco, excluding the following regions: Guadeloupe, Guyane Française, Martinique, Mayotte, Nouvelle-Calédonie, Polynésie française, Réunion, Saint-Barthélemy, Saint-Martin, Saint-Pierre et Miquelon, Wallis-et-Futuna.If you do not reside in any of these countries, you will be responsible for organizing the collection or shipment of your Product(s) in or from any of the countries where the Company offers the delivery of its Products on the Website.
All sales of Products carried out through the intermediary of the Website are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing its order.
These Terms and Conditions of Sale may be modified or updated by Company at any time; the Terms and Conditions of Sale applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 3 – Information concerning the Products
While taking the utmost care to ensure the maximum degree of accuracy as regards the information on the Products (categories, names, reproduction, pictures, descriptions, properties, characteristics and composition, etc.) offered for sale on the Website, and regularly updating said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur.
Furthermore, although photographs and other reproductions of the Products for sale shall represent them faithfully on the Website, within the limits of the available techniques, they may nevertheless contain non-substantial errors.
The Products are offered for sale within the limits of their availability. If, despite the Company's vigilance, the Products ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible and agree on any alternative satisfactory solution for the customer.
Article 4 – Ordering Products on the Website
In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order).
The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of his/her order is compliant with these Terms and Conditions of Sale, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the corresponding payment.
Company will not be responsible for any consequences of an inaccurate information provided by the customer.
It is expressly agreed between the Company and the customer that e-mails exchanged between the parties and any information registered on the Website through the Company’s automatic registration systems shall be held to be authentic and serve as proof.
The Products are offered for sale on the Website to final consumers for their personal needs only.
The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; or (ii) that is not compliant with these Terms and Conditions of Sale.
4.2 Steps to place an order
- Step n°1: selection of the Products
On the Website, the customer selects the Product(s) of its choice, their required quantity and, as the case may be, the relevant size or format, and adds the selected Products to its shopping cart by clicking on the “ADD TO BAG” button.
- Step n°2: verification of the selected Products
The customer may freely modify online his/her “SHOPPING BAG” containing the Products selected, remove a Product initially selected, modify the quantities ordered or alternatively add a Product to its “SHOPPING BAG”. The price of the Products selected will be automatically displayed in the “SHOPPING BAG”.
- Step n°3: selection of the samples, personalization message and promo code
The customer can choose the offered samples by clicking on “CHOOSE YOUR SAMPLES” and add a personalized message by clicking on “ADD A PERSONALIZED MESSAGE”. He/She can also add a promo code by clicking on “APPLY”.
- Step n°4: order validation
Once the customer has made his/her selection and wishes to validate the contents of his/her “SHOPPING BAG” he/she must click the “PROCEED TO CHECKOUT” button and then, identify himself/herself as follows:
- If he/she has an account on the Website: by entering his/her login and password;
- If he/she does not have an account on the Website he/she can also place the order as a guest: by adding his/her name, address to which the order will be invoiced to him/her, telephone number.
The customer must validate:
- the delivery address, which must be in one of the countries where Company offers the delivery of the Products on its Website (See Article 2);
- the shipping method opted for, standard delivery costs being borne by the Company;
- the chosen payment method.
Once all this information has been duly fulfilled and validated, the price of the Products, and, as the case may be, the extra shipping costs, will be automatically displayed on the Website and the customer must click on the “NEXT STEP” button.
After communicating its payment information, the customer must then click on the "PAY" button in order to debit his/her bank account.
Provided that the customer's bank has authorized the debiting of his/her bank account, his/her “SHOPPING BAG” will be directly forwarded to the Company’s department responsible for preparing orders; the customer will then see his/her order number displayed.
This order will be binding on the customer as from the time when the "SHOPPING BAG", duly filled and validated by the display of the registration page for the order, is received by the Company.
- Step n°5: acknowledgement of receipt of the order
The Company will acknowledge having received the order by means of an e-mail sent to the email address communicated by the customer. This confirmation e-mail will contain the ordering and customer information and/or, where relevant, any difficulties concerning the order (availability of the Products, delivery timeframes or payment difficulty). The orders are binding for the Company once a confirmation e-mail without reservations has been sent to customer.
- Step n°6: dispatching of the Product(s)
At the time of dispatching the Products to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said dispatch.
Article 5 – Price of the Products
The prices displayed on the Website are given in Euros and include all taxes applicable, such as VAT, but do not include extra delivery costs.
The amount of the extra transport costs (other than standard delivery), if any, will be automatically displayed, if relevant, on the Website at the time of the validation of the order.
The prices of the Products are those in force at the date of placing the order.
Article 6 – Payment
The customer's purchases will be paid for by credit card and paypal. The following credit cards are accepted by the Company: [VISA, MASTERCARD, AMERICAN EXPRESS].
The customer undertakes to effect payment via a credit card of which he/she is to be the holder, which mentions his/her identity (surname and first name).
The customer must provide his/her credit card number and/or his/her bank details by filling in the online payment form.
The transaction will then be effected by the customer in accordance with secure banking standards, by communicating his/her credit card number and/or bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The authorization to debit the customer's account is always given only for the amount of the Products bought.
The customer's credit card will then be debited after verification of its identification and banking information. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.
The Company reserves the ownership of the Products until the full price of the Products has been paid to Company, i.e. once the price has effectively been debited from the customer’s bank account.
Article 7 –Delivery
Products can only be delivered to the delivery address indicated by the customer at the time of placing his/her order, provided that such delivery address is located in one of the countries where Paco Rabanne offers delivery of its Products (see Article 2).
To that end, the customer undertakes to have communicated an exact delivery address to the Company.
Once payment of the amount payable for the Products ordered has been duly validated, these Products will be delivered to the delivery address indicated by the customer.
The Products ordered will be delivered on the date or within the timeframe indicated on the Website, without exceeding [10 open days] as from the confirmation of the order.
The Company will deliver the Products ordered by standard or express post as chosen by the customer.
Article 8 – Right of withdrawal
In accordance with EU Directive 2011/83/EU, the customer has a right of withdrawal that he/she may exercise, within 14 days as from the receipt of the Products, without having to justify his/her decision.
The customer must return the Products delivered:
- either by following the steps of the procedure suggested by the Company, as described on the return information notice that came with the order, in the context of which the costs of returning the Products will be borne by the Company;
- by any other means chosen by customer, at his/her own expense. Customer is advised to keep any proof of having returned Products, which presupposes that the Products will be returned by the customer by recorded delivery or any other means that allows proof of a specific date of return.
- the Company will not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
The return of the Products must be made by the customer:
- within fourteen (14) days as from the time of his/her has notified to Company his/her intention to exercise his/her right of withdrawal ;
- in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the Products delivered.
Reimbursement of the price invoiced for Products returned will be made by crediting the customer's bank account within (14) days as from the time when the Company receives the notification of the customer’s intention to withdraw and at the latest upon receipt of the returned Product.
Any personalized, revised or altered Products, or any Product returned in a damaged, used, incomplete or soiled condition, may not be refunded or exchanged.
Article 9 – Legal warranties
The customer must verify that the Product(s) delivered are compliant to his/her order.
Customer is informed that Company's Products are subject to the following legal warranties concerning conformity and hidden defects, which apply independently from any commercial warranty provided, as the case may be, by Company:
The seller shall deliver a product compliant to the contract and is responsible for any lack of conformity which exists at the time of delivery.
The seller is also responsible for the conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been produced under its responsibility.
The claim resulting from a lack of conformity is barred after two years from the delivery of the goods.
In Any non-conformities which appear within 24 months from the delivery of the Products are deemed to exist at the time of delivery, unless the contrary is proved.
The customer may choose between the repair or replacement of the Product, except where one of these options implies excessive costs for Company as regards the value of the Product or the significance of the defect. In such case, Company may choose the second option which was not chosen by the customer.
The conformity warranty shall not imply any costs for the customer.
A seller is bound to a warranty for any hidden defects of the product sold which make the product unfit for the use for which it was intended, or which impair the use of it so that the purchaser would not have purchased it, or would only have offered a lower price for it, if purchaser had known them.
The action resulting from redhibitory defects must be brought by the buyer within a period of two years following the discovery of the defect.
In case of hidden defects, the customer may choose between returning the product to Company and being reimbursed the price of the Product, or keeping the Product and obtaining a reduction in price.
If the Products delivered are not the Products that were ordered, the customer shall:
- inform the Company as soon as possible, by means of an email sent to: [email protected] explaining why the Product is not in conformity with his/her order, or by calling the customer support service at following telephone number : 0800 3760 810 ;
- return the concerned Product(s) in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the delivered Product(s);
- follow the steps of the return procedure suggested by the Company, as described in the return information notice that came with the order, in the context of which all the costs of returning the Product(s) will be borne by the Company;
- the costs of returning the Product(s) will however be borne by the Company, only if the customer is right in claiming that the Product returned is not compliant with his/her order, and subject to providing evidences of said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly;
- if it is not possible to exchange or repair the returned Product, reimbursement of the price invoiced for non-compliant Products that have been returned will be effected by crediting the customer's bank account within, at the latest, fourteen (14) days as from the Company's receipt of the returned Products.
Article 10 – Intellectual property rights
The Company's products and trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos displayed on the Website, are and will remain the exclusive property of the Company. Any contents published on the Website are protected by copyrights.
Nothing herein shall be construed as granting customer any right in the trademarks, products, distinctive signs of Company, and any intellectual property rights attached to it.
The customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.
The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website.
Article 11 – Personal Data
Company collects the following personal data: the identity, login and password chosen by the customer on the Website, its e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, the means of payment.
This data is strictly necessary in order to process the order and may only be communicated to the Company's contractual partners intervening in the performance of the order (e.g. banking institutions for the payment of orders or shipment companies ensuring delivery of the Products).
The customer has the right to access, require deletion or modification of his/her personal data.
In order to exercise this right, he/she may send an e-mail at [email protected].
However, customer is informed that without such data, Company may not be able to perform its order(s).
Article 12 – Liability
Company may only be held liable for direct damages resulting from its fault or negligence under these Terms and Conditions of Sale.
The Products are designed for a personal and domestic use, to the exclusion of resale purposes. Company may not be held responsible for any loss of profits or business in relation with any resale activity carried out by customer.
Company may not be held responsible for any indirect damages resulting from the use of the Products by customer or any third party. The loss or impossibility to use Products due to events beyond the Company’s control may not give rise to any reimbursement or indemnification by Company.
Article 13 - Miscellaneous
The Company's performance of all or part of its obligations will be suspended, as of right, without liability, in the event of the occurrence of a force majeure case, as defined in article 1218 of the French Civil Code.
The Company will inform the customer of any such event within at the latest eight (8) days of its occurrence. If this suspension of the Company's performance of its obligations continues for more than thirty (30) days, the customer will have the possibility of cancelling the order in course. In this case, the customer will be reimbursed by the Company as soon as possible by crediting his/her bank account.
Should any of the provisions of these Terms and Conditions of Sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting therefrom will remain unchanged and will continue to be applicable.
Article 14 – Competent jurisdiction - Applicable law
The Terms and Conditions of Sale are submitted to French law, to the exclusion of the Vienna Convention on International Sales of Goods, without prejudice however to any applicable local public order regulations benefitting to consumers in accordance with EU Regulation 593/2008 (“ROME I”) of 17 June 2018.
In case of any dispute between Company and the customer, customer has the possibility to bring the matter before an independent dispute resolution body. If you are based in the EU, Norway, Iceland, or Liechtenstein, you may file a complaint on the following website, in order to seek online dispute resolution: ec.europa.eu/consumers/odr
Where the dispute is not resolved amicably, such dispute shall be submitted to the competent courts of Paris – France, without prejudice to any rights the consumer may have under Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, (“Bruxelles I bis”) of 12 December 2012.