General Terms and Conditions of Sale
The offer and sale of products on our website www.pacorabanne.com (the Website") is governed by these General Terms and Conditions of Sale.
All products purchased on the Website are directly sold by:
Paco Rabanne, a French simplified joint-stock company ("Paco Rabanne" or "the Company"), with its registered office located in France, at 17 rue François 1er – 75008 Paris, registered in the register of trade and companies under number 440 297 497, and with capital of 40,039,000 euro.
Customer Service Email: firstname.lastname@example.org
VAT: FR47 440297497
For any additional information, please contact our Customer Support Service. If you need any additional information, please go to the Customer Service section, where you will find information on orders, deliveries, refunds and returning Products purchased on the Website.
1. OUR BUSINESS POLICY
Paco Rabanne manufactures and markets ready-to-wear products and accessories under the Paco Rabanne brand (the "Products"), in France mainly. Besides its distribution network and own sales outlet, Paco Rabanne wished to sell its Products on the Website.
The Products made available by Paco Rabanne on the Website are exclusively aimed at end users who are end consumers. "End consumer" refers to any natural person aged at least 18, and acting for purposes outside of any business activity or profession they may have. If you are not an "end consumer", please do not buy any products on the Website.
With regard to the business policy stated above, Paco Rabanne reserves the right to not process orders received from any users who are not "end consumers" and any other order not compliant with its business policy such as set out herein, in particular as regard any abnormal order, made in bad faith or any order form a customer with whom a dispute exists as regards the payment of a previous order.
2. ORDERING THE PRODUCTS
Apart from being an end consumer, in order to place an order on the Website, you must: be aged 18 or more, have full legal capacity and hold a bank card.
Paco Rabanne cannot accept orders coming from any country not included in the list displayed on the homepage of the Website.
Before submitting your order form to purchase any products, you will be asked to carefully read these General Terms and Conditions of Sale, to print a durable hardcopy using the "print" option and to save or keep a copy for your own personal use.
French and English are the languages used for placing orders with The Company.
Product ordering process:
To order one or more products on the Website, you must fill out the online order form and send it electronically to Paco Rabanne, by following the instructions provided.
The order form contains a summary of these "General Terms and Conditions of Sale", information on the main characteristics of each product ordered along with the corresponding price (including all applicable taxes and duties), the payment methods you may use in order to purchase each product, the delivery terms and time frames for the products purchased, the shipping and delivery costs, the terms and conditions for you to exercise your right to withdraw, and the terms and time frames to return any products purchased.
Before submitting the order form, you will also be asked to identify and correct any input errors you may have made.
By submitting your order form, you agree and accept these General Terms and Conditions of Sale as well as any further information contained on the Website, including the General Terms and Conditions of Use, and the Terms and Conditions for Product Returns.
The sale shall only be considered as definitely made once you have validated your payment, received the confirmation email from PACO RABANNE and the order has been accepted by PACO RABANNE.
Once the sale has been concluded, PACO RABANNE shall process your order.
The order form will be filed in our data base for the time strictly required to process and ship your order and in compliance with the time frames provided by law. You may access your order form by clicking on the section called My Order.
Should the products presented on the Website no longer be available when you last accessed the Website or upon submitting your order form, the Company shall have the duty to inform you of the unavailability of any of the products ordered, as soon as possible after your order was submitted to the supplier.
Should the order form be submitted and the price already paid, the Company shall ensure the amount advanced is refunded at the latest within thirty (30) days of your payment.
Once your order form has been submitted, The Company shall send you an order receipt e-mail, containing a summary of the information already set out in the order form (General Terms and Conditions of Sale, the Product's main characteristics, detailed information on the price, the payment methods, the existence of your right to withdraw and the delivery time frames and costs).
3. PRODUCT PRICES
The Product prices include all applicable taxes and are set out in Euro according to the price indicated on the Website on the day of the order.
The main characteristics of the products are set out on www.pacorabanne.com, on each product page. The pictures and colours of the products sold on www.pacorabanne.com may however not correspond to the actual colours due to the web browser and the screen used.
PACO RABANNE may update the Product prices at any time, which you accept without any other formality than to display any new price on the Website. Subject to the availability of the Products concerned, these price updates shall not affect any orders already placed and duly validated by PACO RABANNE before the new price was displayed online. While we constantly check that all prices indicated on the Website are accurate, we are unable to absolutely guarantee the absence of any typographic errors. If we discover an error in the price of a product, we will offer you to either reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order shall be considered as cancelled.
The Product prices set out in the pages of the Website do not include any packaging and transport fees which shall be charged on top of the former. These packaging and transport fees shall be clearly indicated to you before you register your order on the Website.
The price billed to you shall be the price indicated on the order confirmation which shall be displayed on the Website once you have confirmed your order and emailed to you by PACO RABANNE.
The different shipping terms and conditions are provided hereinafter, and may be modified at any time by PACO RABANNE.
Paco Rabanne cannot accept any purchase orders from non-listed countries.
All products include an identification label. Please do not remove this label from the products purchased.
Should you decide to exercise your right to withdraw, the Company has the right not to accept the return of any products without their label or if their main or qualitative characteristics were modified or damaged products.
While we constantly check that all indicated prices are accurate, we are unable to absolutely guarantee the absence of any typographic errors. If we discover an error in the price of a product, we will offer you to either reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order shall be considered as cancelled. We are under no obligation to sell any product at an incorrect price, even after sending you an order summary. In Europe (excluding UK), prices displayed on the website are stated in Euro (€) and in the UK, prices are stated in Pounds (£). In both cases, prices include all applicable taxes. In all cases, prices do not include shipping costs.
You may choose between the different payment methods that shall be systematically offered to you before validating any order:
- Bank cards
We only accept the following cards for online purchases:
- American express
Payments by cheque are not accepted.
Upon validating your order, you guarantee PACO RABANNE that you have the necessary authorisations to use the chosen payment method. Should the bank refuse the payment, the order shall be automatically cancelled.
The purchase price of the Products and the corresponding shipping and delivery fees, such as indicated in the Order Form, will be charged to your Account once the purchased products have been shipped.
The transaction amount will only be charged to your selected credit card once we have verified your card details, received the debit authorisation from the credit card issuer, and The Company has confirmed the stock availability. Your bank account shall be debited during the transaction. For safety reasons, the billing name and address must be the same as the payment card holder. The Customer Service reserves the right to cancel any order not complying with these criteria. As regards product returns, refunds are carried out according to the same payment terms and conditions as provided for purchases. No vouchers are delivered online or in shops.
Should you choose to pay by credit/debit card, all financial details entered (e.g.: card number or expiration date) will be sent by encrypted protocol to BNP or other banks providing remote electronic payment services, without third parties being able to access these through any means whatsoever. Moreover, these details shall not be used by The Company except for performing the procedures pertaining to your purchase or issuing refunds in the case of Product returns in compliance with the exercise of your right to withdraw or should it be necessary to report to the competent authorities any cases of fraud occurring on the Website.
For your full information, all the data pertaining to your orders is checked by PACO RABANNE's designated payment partner: OGONE, a secure payment operator. This company is in charge of the storage and automatic processing of the information pertaining to each order, including bank card details, within a secure environment.
OGONE is responsible for automatically processing all the information pertaining to the orders. This automatic data processing aims to define a level of analysis for a given transaction and fight against payment fraud, and in particular bank card fraud.
OGONE, PAYPAL and PACO RABANNE are the recipients of the data pertaining to your order. The failure to transfer the data pertaining to an order prevents the transaction from being carried out and analysed.
Any unpaid amount due to the fraudulent use of a bank card or any other payment method shall lead to the registration of the details pertaining to the corresponding order within a "payment incident file." An incorrect declaration or an error may also be subject to specific processing.
In compliance with the French Data Protection Act dated from 6 January 1978, you have the right to access, rectify and oppose all of your personal data at any time, by sending a letter to email@example.com and justifying your identity.
The purchase prices of the products and the corresponding shipping and delivery fees, such as indicated in the Order Form, will be debited from your Account once the purchased products have been shipped.
All purchase invoices shall be sent by email to the address you indicated upon registering the order on the Website.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
Our products are shipped from our shop within 48 hours (business days) from the receipt of the payment, whenever the products are available and the order has been processed. Deliveries are made within a time frame of 2 to 5 business days following the receipt of the order confirmation notice.
Orders shall be shipped from Monday to Friday, excluding all bank and national holidays. PACO RABANNE may not be held liable for any unforeseen delayed delivery. Except in cases of force majeure, the Products shall be delivered within a maximum time frame of 30 (thirty) days from the completion of the sale in compliance with article 2.5 herein.
The Products purchased on the Website shall be delivered to the address you indicated and the signature of an adult aged 18 or more shall be required upon delivery. Deliveries shall not be made to postal boxes, and in this case, the corresponding order shall not be processed.
6. ACCEPTANCE OF THE PRODUCTS
The risk of loss or damage is transferred to you upon delivery of the order: the ownership of the product is transferred from the moment we receive the corresponding payment in full.
Upon delivery of the Products, please check: (i) the number of parcels delivered corresponds to that set out on the order slip; (ii) the packaging is intact, and is not damaged, wet or altered in any way, including as regards the materials used to seal the parcel.
You must immediately notify any damage suffered by the packaging and/or the products or, an error as regards the number of parcels received or, non-compliance with the indications, by adding a written inspection reservation on the delivery slip and sending an email to this address: firstname.lastname@example.org.
Should you have notified a missing Product or a delayed delivery, an investigation shall be conducted with the transporter.
- If the missing Product is found, the latter will be shipped to the delivery address set out in the order form.
- If 7 days after the indicated delivery date the product ordered has not been delivered, for any reason excluding cases of force majeure, the sale may be cancelled upon your request within a maximum time frame of 60 business days starting from the expiry of the maximum delivery time frame set for the products.
The sales contract shall be considered as terminated upon the receipt by PACO RABANNE of your letter informing it of your decision.
In such a case, all of the sums paid shall be returned to you as a repayment as soon as possible and at the latest within thirty days of the date on which you exercised your right to obtain the cancellation of your order.
Should one of the Products delivered not be compliant, you may return said faulty Product to PACO RABANNE, in its original condition, with its original labels imperatively attached, along with its original packaging and the delivery slip. Failing that, PACO RABANNE shall neither exchange nor refund the faulty Product returned.
Should the return of the faulty Product be justified, PACO RABANNE shall refund the faulty Product and the delivery fees, excluding any compensation.
In no case may the return, exchange or refund be requested and/or carried out in store.
Excluding the cases set out above, no Product exchange is authorised.
Return and refund policy for purchases made online: See return conditions (see "return conditions).
If you requested the Product to be delivered to a third party as a gift, you must return the Product yourself. The third party who received said gift shall not be able to return said Product.
7. RIGHT TO WITHDRAW
In order to exercise your right to withdraw we encourage you to fill in the specific Return Form and to read the page pertaining to our Product Return Conditions (see "return conditions").
In this case, you must return the Products to the Company by either giving them to the transporter indicated by Paco Rabanne and whose phone number is set out in the section pertaining to your Right to Withdraw, or by sending them back to our Paco Rabanne shop, at 12 rue Cambon, 75001 Paris, or by proving the Products were returned to the transporter or our Paco Rabanne shop within fifteen (15) days following the date on which you received them.
All direct costs pertaining to the return of any products purchased shall be borne by PACO RABANNE.
If you choose to use another transporter than the company indicated by PACO RABANNE, the return fees shall be borne by you and you shall be fully liable for any loss or damage sustained by the products during transport.
In addition to complying with the time frames and terms set out in articles 7.1, 7.2 and 7.3, should you decide to exercise your right to withdraw, the Product return shall be considered as carried out properly if the following conditions are fully observed:
- the Return Form was correctly filled out and sent to Paco Rabanne;
- the Product was neither worn, nor worn out, modified, washed or damaged;
- the Product label is still attached and legible;
- the Products are returned whole, in their original packaging, and have not been used;
- the Products were sent to PACO RABANNE in one shipment only.
- the Products returned were entrusted to the transporter indicated by the Company within fifteen (15) days of the date on which you received them.
If the Right to Withdraw is exercised in compliance with the terms and conditions provided for under this article 8, the Company shall ensure you are refunded within the conditions set out in article 8.2 above, at the latest within thirty (30) days of the date on which the products were entrusted to the transporter.
In compliance with article 8 below, the amounts due shall be refunded to you as soon as possible and in any case, within thirty (30) days following the exercise of your right to withdraw, subject to the correct performance of the terms and conditions set out above. In the case of the return of an order, the Company shall only refund the amounts corresponding to the products returned, excluding any transport costs.
Should you fail to observe the terms and conditions applicable in exercising your right to withdraw, as set out in article 7, you shall not be entitled to the refund of any amounts already paid to the Company, and any expenses incurred in returning the products shall be borne by you. However, you may request for the Products to be returned to you, at your own expense, in the condition within which they were returned to the Company. In the absence of such a request, PACO RABANNE may keep the Products, in addition to all amounts already paid for their purchase.
8. REFUND TERMS AND CONDITIONS
Once the Products have been returned, PACO RABANNE shall verify whether the withdrawal and return conditions, such as set out in article 7, were observed. If these verifications conclude as to the observance of said conditions, PACO RABANNE shall send you an email confirming the Products thus returned were accepted.
In order to exercise your right to withdraw, we encourage you to fill out the Return Form.
As part of the exercise of the right to withdraw, should the recipient of the products as set out in the order form be different from the person who paid the corresponding amounts due for the purchase, the Company shall in any case refund the amount as set out in article 8.2 to the person who made the payment.
Paco Rabanne indicates in the Right to Withdraw section the transporter that may be used to return the products. You may use the pre-printed adhesive label included with the parcel containing the products in order to return the products to the supplier. This process also makes it possible to check at any time the location of each parcel, while exempting you from any liability due to any loss or damage sustained by the products during transport.
Should you choose to use another transporter to return the products than the company indicated by Paco Rabanne, you will need to pay the return fees personally, and shall be held fully liable for any loss or damage sustained by the products during transport, in accordance with the terms and conditions provided for in order to exercise your Right to Withdraw.
9. PERSONAL DATA
If you haven't already done so, we also advise you to read our General Terms and Conditions of Use as they also contain important information on how we process our users' personal data and the security systems deployed.
10 LEGAL WARRANTY
All Products sold by PACO RABANNE benefit from the legal warranty of conformity as provided for under articles L211-4 to L211-14 of the French Consumer Code and the legal warranty against latent defects as provided for under articles 1641 to 1649 of the French Civil Code.
Under this warranty, you are entitled to return the Product and have all the fees entailed by the sale refunded to you – including all delivery and return fees – by PACO RABANNE.
Reminder of articles L-211-4, L 211-5 and L 211-12 of the French Consumer Code as well as article 1641 and the first paragraph of article 1648 of the French Civil Code:
- Article L 211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and is liable for any conformity defects upon delivery. The seller is also liable for any defects resulting from the packaging, assembly instructions or installation whenever the latter was made the seller's responsibility under the contract or whenever said installation was carried out under their responsibility"
- Article L 211-5 du of the Consumer Code: "In order to conform with the contract, the goods must:
- 1. Be suitable for the use normally expected for such goods, and where appropriate:
- correspond to the description provided by the seller and have the qualities the latter presented to the buyer as a sample or model;
- present the qualities a buyer may rightfully expect in view of the public declarations made by the seller, manufacturer or their representatives, and in particular in advertisements or labels.
- 2. present the characteristics defined through a common agreement among the parties or be suitable for any use sought by the buyer that was made known to the seller and accepted by the latter.
- Article L211-12: "All legal actions resulting from any conformity defect are subject to a two year limitation starting from the delivery of the goods."
- Article 1641 of the Civil Code: "The seller is bound by the warranty as regards latent defects within the object sold which make it unsuitable for the use it is intended for or limits this use in such a way that the buyer would not have purchased it, or would have paid a lesser price if they had known about these defects. "
- First paragraph of article 1648 of the Civil Code: "All legal actions resulting from any latent defects must be initiated by the buyer within a period of two years from the date on which the defects were discovered.
- 1. Be suitable for the use normally expected for such goods, and where appropriate:
PACO RABANNE is only bound by an obligation of means. You remain the sole person to judge whether the articles sold on the Website are suitable and adapted to your needs and use. PACO RABANNE may not be held liable for any use of the Products that does not comply with their intended purpose.
Moreover, we remind you that you declared having full legal capacity before ordering, which enables you to commit yourself as regards these GTCS. PACO RABANNE cannot in any case be held responsible for checking the legal capacity of its visitors and buyers. Consequently, should a person who does not have legal capacity order articles on the Website, their legal representatives shall assume the full responsibility for this order and shall in particular be required to pay the corresponding price.
PACO RABANNE does not guarantee the Website will be available continuously, without any temporary interruption, suspension or errors. More specifically, PACO RABANNE cannot be held liable for:
- any interruptions or delays registered on the Website due to technical failures, cases of force majeure, third parties or any circumstances whatsoever beyond its control;
- any temporary impossibility for the customer to access the Website, due to events beyond PACO RABANNE's control, such as computer failures, telephone or internet network interruptions, or the failure of the customer's hardware to connect to the internet.
PACO RABANNE may not be held liable (i) for the loss, modification or fraudulent access to customer personal data, (ii) nor for the accidental transfer of viruses or any other harmful elements, resulting from the access to Internet or email transmissions.
Without limiting the scope of any other provision of the GTCS, PACO RABANNE may only be held liable in the case of a proven fault exclusively attributable to it. In any case, the latter shall be limited to direct damages only.
PACO RABANNE reserves the right to suspend the operation of the Website.
12. Pre-Order Service
On the Website, it is possible to pre-order online collections not yet available in stock and in shops in order to receive them as soon as the production becomes available.
Please note that when you pre-order an article, it is not an immediate purchase. You will receive the item ordered at least 4 (four) months after pre-ordering it on the Website (corresponding to the time needed to produce it). "Pre-order" will be mentioned on all the products concerned.
The pre-order shall be shipped within 48 hours (business days) of the reception of the stock in the shop.
The return conditions applied shall be the same as for standard orders. (See "return conditions")
13. INTELLECTUAL PROPERTY
All intellectual property rights pertaining to the Products sold on the Website are and remain the exclusive property of PACO RABANNE. All exploitation rights are exclusively reserved to it. Under these conditions, these intellectual property rights may not be copied, exploited, distributed or used, even partially, for any purposes whatsoever by any person whatever. The PACO RABANNE brands and logos are registered trademarks. Consequently, any copy is a counterfeit.
14. GOVERNING LAW – COMPETENT JURISDICTION
These GTCS are governed by French law. French courts are exclusively competent for any dispute arising from a visit on the Website or linked to it.