Conditions Generales de Vente

Deux femmes dans la rue habillées en Pallas Paris bleu marine et fuschia qui se regardent en train de marcher

Conditions Generales de Vente

GENERAL CONDITIONS OF SALE - PALLAS Paris

 

I. DEFINITIONS

 

    1. The term "General Terms and Conditions" or "GTCs" refers to this document.

    2. The term "Customer(s)" designates the non-professional consumer(s) wishing to purchase Product(s) offered for sale on the Site by PALLAS Paris. The Customer declares that he/she has the required capacity to contract and acquire the Products.
    3. PALLAS Paris designates SLEEPING BEAUTY, a simplified joint stock company with a share capital of €1,374, registered in the Paris Trade and Companies Register under number B 899 057 210 and whose registered office is located at 64 rue de Courcelles - 75008 Paris.
    4. The term "the Parties" refers to PALLAS Paris and the Customer.
    5. The term "Products" refers to the products offered for sale on the Site, namely clothes..
    6. The term "Site" refers to the site available at https://pallasparis.fr.  

    II. SCOPE

    These GTCs apply, without restriction or reserve, to all purchases, considering the payment of a price, of Products offered to Customers by PALLAS Paris on the Site.

    The purpose of these GTCs is to define the rights and obligations of the Parties with regard to the online sale of Products.

    The GTCs constitute, together with the online order, the only contractual documents opposable to the Parties in this context, to the exclusion of all other documents (in particular the conditions applicable to sales in stores or by means of other distribution and marketing channels).

    The Customer is required to read these GTCs before placing an order. The Customer declares that he/she has read and accepted these GTCs by ticking the box provided for this purpose before placing an order.

    These GTCs and all contractual information mentioned on the Site are written in French and English; in case of contradiction, the French version will prevail.

    Applicable version: These GTCs are accessible and downloadable at any time at the address pallasparis.fr/en/pages/politique-de-confidentialite and will prevail, if necessary, over any other version or any other contradictory document.

    These GTCs are subject to change at any time, applicable from the moment they are posted online; it is therefore recommended to check their content regularly. Substantial modifications can however be notified to the Customers. 

    The version applicable to the Customer's purchase is the one published on the Site and accepted on the date the order is placed.

     

    III. TERRITORY

     

    The present GTCs only concern purchases made by the Customer in European Union and United Kingdom, which are delivered exclusively on this territory. For any delivery outside of this territory, a message should be sent to customercare@pallasparis.fr. 

    WARNING FOR UK CUSTOMERS: If the Customer orders from the United Kingdom, special provisions will apply. PALLAS Paris recommends that the Customers carefully reads article 6 (on price) and article 8 (on delivery), but also that he/she checks with his/her local authorities on rules applicable to goods sent from abroad.

    IV. PRODUCTS

      1. Characteristics

    The Products are the subject of an information sheet accessible near the photograph showing the Products. This information is intended, without being exhaustive, to inform Customers as fully as possible about the essential characteristics of the Products. The Products are described and presented with the greatest possible accuracy. However, PALLAS Paris cannot be held responsible for any errors or omissions in this presentation.

    The illustrations or photographs of the Products are only indicative and have no contractual value.

      1. Availability - Stocks

    Except otherwise indicated, the offers of Products are valid as long as they are visible on the Site.

    Except otherwise indicated, the offers of Products are valid as long as they are visible on the Site.
    In case of unavailability of the Product(s) ordered, the Customer will be informed as soon as possible and will have the possibility to cancel his/her order. The Customer will then have the choice of requesting either a refund of the sums paid, at the latest, within 30 days of their payment, or an exchange of the Product. Except for the potential reimbursement of the price of the unavailable Product, PALLAS Paris shall not be liable for any cancellation indemnity.

     

    V. ORDER - CONTRACT

     

      1. Ordering

    The Customer must refer to the description of each Product in order to know its properties and essential characteristics.

    The process of placing, validating and confirming the order and payment is as follows.

    To purchase Products, the Customer must select them from the Site’s online catalogue and add them to his/her virtual cart. 

    Once the selection is complete, in order to proceed with the purchase, the Customer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide his/her details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Customer will be asked to confirm the details as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which he/she can be contacted in relation to the purchase made. The Customer agrees to provide to PALLAS Paris accurate, current, complete information and to maintain its accuracy. Customer agrees not to create an account under a false identity. It is the Customer's responsibility to update their data. The Customer undertakes to keep his/her login information secret and not to communicate it to third parties in any capacity whatsoever. If he/she notices or suspects that his/her account is being used fraudulently, the Client undertakes to immediately notify PALLAS Paris.

    A summary of the finalized order (Products, quantity, price and conditions) will be provided to the Customer, who can modify it. The Customer will also be asked to select a delivery option and a payment method from those available. The Customer will be required to carefully read and expressly approve the GTCs by ticking the check box and, finally, confirm the order by pressing the “place order” button; this action will send the order to PALLAS Paris.

    The Customer shall bear the telecommunication costs.

    Any order implies acceptance of the prices and descriptions of the Products available for sale.

    PALLAS Paris reserves the right to cancel or refuse any order for legitimate reasons, in particular in the event of an uncommonly large order for a customer who is a consumer, as PALLAS Paris does not sell the Products offered on the Site to professionals but only to consumers or non-professionals, for their personal needs.

    In certain cases, notably non-payment, incorrect address or other problem on the Customer’s account, PALLAS Paris reserves the right to block the Customer's order until the problem is resolved. The cancellation of the order for this Product and its possible reimbursement will then be carried out if the problem is not resolved, the rest of the order remaining firm and definitive.

      1. Contract

    A sale is only considered final after PALLAS Paris has sent the Customer confirmation of acceptance of the order by e-mail.

    The online provision of the Customer's credit card number or the price acceptance through PAYPAL and the final validation of the order will be considered as proof of the Customer's agreement:

    • To pay the amounts due under the purchase order,
    • For signature and express acceptance of all operations performed.

    The computerized registers kept in the computer systems of PALLAS Paris shall be considered as proof of the communications, orders and payments made between the Parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

     

     VI. PRICE

     

    The sale price of the Product (firm and non-revisable) is the price in force on the day of the order. It is therefore specified that ANY ORDER MADE ON THE WEBSITE IS AN ORDER WITH OBLIGATION OF PAYMENT. PALLAS Paris reserves the right to modify the prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the order, subject to availability on this date.

    The prices are expressed in Euros and include, where applicable, all taxes (incl. VAT in force in France on the day of the order), excluding delivery and transport costs, invoiced in addition and indicated before the validation of the order.

    The delivery and transport costs depend on the time the order is placed, and the delivery date chosen.

    The total amount due by the Customer (including delivery costs) is indicated on the order confirmation page. 

    However, if you order from the United Kingdom, you are considered as in “importer” of the Products. This means, in particular, that:

    • French VAT may not apply to your order,
    • You may have to pay, depending on the price of your order: UK VAT, Custom Duty as well as Application fee for service charged by the carrier.

    These extra costs are your responsibility.

    We recommend that you seek information from your local authorities regarding how to purchase foreign products.

     

    VII. TERMS OF PAYMENT

     

    The totality of the price shall be paid in whole, at the time of the order, by secure payment, by bank cards (Visa, MasterCard, American Express) or PAYPAL. The Customer guarantees PALLAS Paris that he/she has the necessary authorizations to use these methods of payment.

    When the Customer selects immediate payment by bank card or by PAYPAL, he/she will be requested to provide the credit card information via a secure socket connection or validate the payment via PAYPAL.

    PALLAS Paris reserves the right to check the personal details provided by the consumer for accounting and administration purposes.

    For payments by bank card, the purchase price will only be charged to the Customer when PALLAS Paris sends the order confirmation.

    PALLAS Paris reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment.

    Payments made by the Customer will only be considered final after effective collection by PALLAS Paris of the sums due.

    In case of refusal by the bank, the order will be automatically cancelled.

    In order to optimize the security of transactions on the Internet, the Site uses an online payment system SSL (Secure Socket Layer) so that all means are implemented to ensure the confidentiality and security of data transmitted, as part of an online payment. PALLAS Paris’ online payment system (Stripe) automatically checks the validity of access rights during payment by bank card and encrypts all exchanges to guarantee confidentiality.

    To benefit from the SSL secure payment mode, the Customer must imperatively use browsers compatible with the SSL system.

     

     VIII. DELIVERY

     

    Delivery is understood as the transfer to the Customer of physical possession or control of the Product. It is made only after confirmation of payment by the banking institution of PALLAS Paris.

      1. Place of delivery

    The Products are delivered to the address indicated by the Customer when ordering. Any package returned to PALLAS Paris because of an incorrect or incomplete delivery address shall be reshipped at the Customer's expense.

    The Customer may, at his/her request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided at the time of the order.

      1. Delivery time

    Except in cases of force majeure or during periods when the online shop is closed, shipping times will be determined as follows.

    Products are produced on order. The delivery time depends on the time needed and the volume of production of all the Products. It begins to run from the date of receipt of payment by PALLAS Paris.

    When placing an order, the Customer will receive an information about the estimated delivery period, on the summary of the completed order and in the confirmation e-mail. These are indicative times, expressed in working days, corresponding to the average processing and delivery times.

    In case of Pre-order, the delivery time will be extended.

    If the Customers orders from the United Kingdom, delivery times may be extended due to Customs.

    In any case, PALLAS Paris cannot be held responsible for the consequences due to a delay in delivery that is not of its making or due to an act of force majeure.

    In the event of non-compliance with the agreed delivery date or deadline for any reason other than force majeure or the fault of the Client, the latter may:

    • Notify PALLAS Paris of the suspension of the payment of all or part of the price until it complies.
    • Terminate the contract if, after having given notice to PALLAS Paris to carry out the delivery within a reasonable additional timeframe, the latter has not complied within this period (the contract will be considered terminated upon receipt by PALLAS Paris of a new letter informing it of this termination, unless the company has complied in the meantime).
    • Immediately terminate the contract if (i) PALLAS Paris refuses to deliver the goods, or it is obvious that it will not do so, or (ii) the date or time of delivery constitutes for the Client an essential condition of the contract resulting from the circumstances surrounding the conclusion of the contract or from an express request by the Client before the conclusion of the contract.

    PALLAS Paris shall reimburse all sums paid by the Client within 14 days of the cancellation of the contract.

      1. Terms of delivery

    Except under special conditions or when one or more Products are unavailable, the Products ordered are delivered in a single delivery.

    In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by PALLAS Paris, the related costs will be the subject of specific additional invoicing, based on an estimation previously accepted in writing by the Customer.

    Delivery is deemed to have taken place as soon as the Products are handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.

      1. Damaged delivery - Delivery errors

    The Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery.

    If they have been damaged, the Customer may write a reservation on the delivery order (package refused because opened or damaged). The Customer must indicate on the delivery form and in the form of handwritten reserves accompanied by his/her signature any anomaly concerning the delivery (opened or damaged packaging, damage suffered, conformity with the order, missing Product, damaged Product, etc.). Any complaint concerning apparent defects or the non-conformity of the delivered Product in relation to the information given at the time of the presentation of the Product on the Site, as well as any damage linked to transport, must be confirmed by the Client to PALLAS Paris within 48 hours following receipt of the Product either by registered letter with acknowledgement of receipt to the following address : 5 rue Rougemont - 75009 Paris or by e-mail at the following address customercare@pallasparis.fr. 

    The Customer shall provide any justification as to the reality of the non-conformities, damages or defects noted. Then, the Customer will receive a return authorization from PALLAS Paris, specifying the address and the terms of return of the Products. To be validly returned to PALLAS Paris and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories and other documentation. Any Product returned without the agreement of PALLAS Paris will be refused and returned to the sender at the latter's expense and risk. If the default is confirmed by PALLAS Paris, the return costs will be covered by PALLAS Paris by reimbursing the Customer for the actual amount of the said costs (the proof of the shipping costs must be enclosed with the package; in the event of absence, no reimbursement may be demanded by the Customer) and a new Product will be sent.

    This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery form. In the absence of a claim made within the above-mentioned period and conditions, the Products delivered shall be deemed accepted by the Customer – but PALLAS Paris is still liable regarding legal guarantees.

      1. Transfer of ownership - Transfer of risk

    The transfer of ownership of the Products shall only take place after full payment of the price by the Customer, regardless of the delivery date.

    All risk of loss or damage to the Products passes to the Customer at the time the Customer or a third party designated by him/her takes physical possession of the Products. Products therefore travel at the risk of PALLAS Paris.

    The Customer is committed to take all necessary precautions to ensure the proper conservation of the Products, until the ownership / risks have not been transferred to him.

      1. Follow-up

    For any question relating to the follow-up of an order, the Customer shall call +33 1 83 75 05 55 (from Monday to Friday, 10 am – 1 pm and 2 pm to 6 pm) (cost of a local call).

     

     IX. RIGHT OF WITHDRAWAL

     

      1. Time limit for withdrawal

    The Customer shall have a period of fourteen days from the date of receipt of the Product, either by himself/herself or by a third party designated by him/her, to exercise his/her right of withdrawal from PALLAS Paris, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the communication of his/her decision to withdraw.

      1. How to exercise the right of withdrawal

    To exercise his/her right of withdrawal, the Customer shall notify PALLAS Paris:

    • name, geographic address and, where available, telephone number, fax number and e-mail address.
    • his/her decision to withdraw by means of an unambiguous statement expressing his/her wish to withdraw.

    The customer may use the model provided in the Annex, the form available on the Site or send an email to customercare@pallasparis.fr to inform PALLAS Paris of his/her wish to withdraw and PALLAS Paris will reply providing the necessary information to proceed with the return of the purchase. 

    The Products must be returned, within fourteen days, in their original condition and complete (packaging, accessories, etc.) allowing them to be offer for sale again in new condition, accompanied by the purchase invoice at the address 5, rue Rougemont 75009 Paris. Damaged, soiled, or incomplete Products are not accepted. It is reminded that, in the event of withdrawal after use of the Product(s), the Customer's responsibility is engaged with the depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these Products. These manipulations are comparable to those that a consumer can carry out in a shop, for the Products which are offered for sale there.

    In the event of exercising the right of withdrawal, only the price of the Product(s) purchased, and the delivery costs will be reimbursed, the return costs remaining at the Customer's expense.

    In the event of a request for reimbursement, PALLAS Paris will use the same means of payment as that used for the initial transaction (unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not incur costs for the Customer).

    The exchange (subject to availability) or refund will be made within 14 days of receipt of the returned Products.

     

    X. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS

     

    PALLAS Paris guarantees the conformity of the Products, allowing the Customer to make a claim under:

    • he legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

    In this case, it is recalled that:

    • PALLAS Paris is liable for defects in conformity existing at the time of delivery, which appear within two years of delivery.
    • A Product is in conformity with the contract if it meet the following criteria, where applicable : (i) it corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract; (ii) it is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted; (iii) it is delivered with all the accessories and installation instructions to be provided in accordance with the contract; (iv) it is updated in accordance with the contract.
    • In addition to the criteria of conformity with the contract, a Product is conform if it meets the following criteria: (i) it is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; (ii) where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract; (iii) where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise; (iv) where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect; (v) where applicable, it is supplied with the updates that the consumer may legitimately expect; (vi) corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, which the consumer may legitimately expect for goods of the same type, taking into account the nature of the goods as well as (with some exceptions) public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling
    • The consumer may not contest the conformity by invoking a defect relating to one or more specific characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out above, and to which he expressly and separately agreed at the time of the conclusion of the contract.
    • Defects in conformity which appear within twenty-four months of delivery of the goods shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery.
    • The starting point of the limitation period for the Customer’s action is the day on which he/she becomes aware of the lack of conformity.
    • Any Product repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.
    • the Customer shall be entitled to have the Products repaired or replaced or, failing that, to have the price reduced or the contract rescinded, subject to the reservations and conditions set out in the Consumer Code. He/she may also suspend payment.
    • of the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code.

    In this case, it is recalled that:

    • -PALLAS Paris is liable for hidden defects in the item sold which render it unfit for the use for which the Customer intended it, or which diminish this use to such an extent that the Customer would not have acquired it, or would only have paid a lesser price for it, if he had known about them;
    • the Customer must bring his/her action within 2 years from the discovery of the defect ;
    • the Customer may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

    These guarantees apply regardless of the existence of a commercial warranty.

    When the Customer asks PALLAS Paris, during the course of the legal guarantee or the commercial guarantee which was granted to him/her at the time of the acquisition or repair of a Product, for a repair covered by this guarantee, any period of immobilization suspends the guarantee which remained to run until the delivery of the repaired Product.

    The guarantee period shall also be suspended where the Customer and PALLAS Paris enter into negotiations with a view to an amicable settlement.

    For more details on these guarantees, the Customer is invited to refer to the relevant provisions of the Consumer Code and the Civil Code.

    To implement these guarantees, the Client is invited to contact PALLAS Paris by sending an email to customercare@pallasparis.fr or by writing to the following address: 5, rue Rougemont 75009 Paris. The procedure to follow will be given to him/her.

      XI. WAIVER OF LIABILITY OF PALLAS Paris

     

    PALLAS Paris shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, nor in the event of normal wear and tear of the Product, accident or force majeure.

     

    XII. LITIGATION MANAGEMENT

     

      1. Prior claim

    In the event of a dispute, the Customer must first contact the PALLAS Paris customer service department by e-mail customercare@pallasparis.fr or post: 64 rue de Courcelles – 75008 Paris

      1. Mediation

    In the event of a complaint that has not been resolved amicably, the Customer may submit the dispute relating to the order or to these GTCs opposing him/her to the consumer mediator at the following address : 

    E-commerce mediator of the FEVAD

    60 rue la Boétie – 75008 Paris 

    or online: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso

    The Parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

      1. Applicable law

    The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules.

     

    XIII. MISCELLANEOUS

     

      1. Force majeure

    Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the Parties' obligations and shall result in their suspension.

    The Party invoking the circumstances referred to above shall immediately notify the other Party of their occurrence and of their disappearance.

    Will be considered as force majeure all facts or circumstances irresistible, external to the Parties, unforeseeable, unavoidable, independent of the will of the Parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers, pandemics.

    The Parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured Party.

      1. Non-waiver

    Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in these GTCs, whatever the frequency and duration, shall not be considered as a modification of these GTCs, nor shall it generate any right.

      1. Partial nullity

    If any provision of these GTCs is or becomes ineffective in whole or in part, such ineffective provision shall be void (without affecting the validity and enforceability of the remaining provisions) and reinterpreted, supplemented or replaced so as to achieve the purpose intended by the ineffective provision.

      1. Personal data

    For more information on the processing of personal data, the Customer can visit the Privacy Policy on the Site.

     

    ANNEX 1 - SAMPLE WITHDRAWAL FORM


    To the attention of SLEEPING BEAUTY, 64 rue de Courcelles - 75008 Paris

    I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

    -  Ordered on
    ...........................................................

    -  Order received on

    ...........................................................

    -  Order number (optional):

    ...........................................................

    -  Description of the product ordered:

    ...........................................................

    -  Customer name:

    ...........................................................................

    -  Customer address:

    .......................................................................

     

    Date: ...........................................................

    Customer's signature: