Terms of sale

IN FORCE AS OF DECEMBER 21, 2023

Preamble
These General Terms and Conditions of Sale are intended to define the rules applicable to the sale of Paul & Joe and Paul & Joe Sister brand products (hereinafter the “Product(s)”) on the website www.paulandjoe.com (hereinafter the “Site”).

Between

The company MANEKI (hereinafter “Maneki”),
a Simplified Joint Stock Company (SAS) with share capital of €250,000, whose registered office is located at 14 rue des Commines, 75003 Paris, France, registered with the Paris Trade and Companies Register under number 483 435 335.

And

Any natural person of legal age, non-trader, with legal capacity to contract, domiciled exclusively in the countries delivered by Maneki and purchasing a Product on the Site (hereinafter the “Customer”).

These General Terms and Conditions of Sale apply exclusively to natural persons, non-traders, who are at least 18 years old.

The Customer is understood as any natural person acting for purposes outside their commercial, industrial, artisanal, or liberal professional activity, at least 18 years old, and having placed at least one order on the Site.

Creating a Customer Account is reserved for all natural persons aged at least 18 years.

These General Terms and Conditions of Sale are accessible at any time on the Site. The Customer must declare that they have read and accepted them when registering their order.

Consequently, placing an order implies the Customer’s full and unreserved adherence to these General Terms and Conditions of Sale, to the exclusion of all other conditions.

Maneki endeavors to ensure, to the best of its ability, the accuracy and updating of the information published on the Site and reserves the right to correct its content at any time and without notice.

If a condition is missing, it will be considered as governed by the applicable practices and laws in France regarding distance selling. The possible nullity of one of the clauses of the General Terms and Conditions of Sale shall not entail the nullity of the Terms and Conditions as a whole, with only the invalid clause being deemed unwritten and losing its effect.

Maneki reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable Terms and Conditions are those in force on the Site at the date the Customer places the order.

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale govern the sale of Paul & Joe and Paul & Joe Sister items presented on the Site by the company Maneki, a French Simplified Joint Stock Company registered with the RCS under SIREN number 483 435 335, whose registered office is located at 14 rue des Commines, 75003 Paris (hereinafter referred to as “Maneki”), to all non-trading natural persons of legal age only (hereinafter referred to as the “Customer”).

They regulate the various stages of browsing the Site and completing the sale: from the placement of the order by the Customer to the delivery of the Product to the Customer.

The preamble forms an integral part of these General Terms and Conditions of Sale.

ARTICLE 2 – PRODUCTS

The Products offered for sale by Maneki are those listed on the Site on the day of consultation by the Customer.

Each Product will have a descriptive sheet which, in addition to the photograph, will include: the price, available sizes and colors, composition, and any special features.

Minor differences between a Product and its photograph may exist, particularly depending on the resolution and definition of the user’s screen.

ARTICLE 3 – PRICES

Prices are indicated in euros (€), inclusive of VAT, excluding preparation and delivery costs which vary according to the country concerned. Prices shown take into account the VAT applicable on the day of the order. Should the VAT rate be modified, it will automatically be reflected in the Product prices. The flat-rate amount for preparation and delivery costs is communicated to the Customer on the order summary before its validation.

Any order constitutes acceptance of the prices and description of the Products available for sale.

Maneki reserves the right to modify the prices and descriptions of the Products at any time, in particular in the event of an increase in applicable sales taxes and in particular in the VAT rate, and/or in the event of a typographical or obvious input error regarding the price or description of the Products.

Products will therefore be invoiced on the basis of the prices in force at the time the order is recorded, except in the case of an obvious error.

The transfer of risks of loss or damage to the Products will occur after delivery and receipt of the Products by the Customer.

ARTICLE 4 – ORDERING AND PAYMENT OF PRODUCTS

4.1 Placing an Order
The Customer places an order by completing the following five steps:

Step 1: The Customer selects the chosen Products and adds them to their cart after selecting the desired size and color.
The cart, located at the top right of the screen, informs the Customer that the selections have been recorded by indicating the number of Products contained in it.

Step 2: The Customer verifies the contents of the cart by clicking on “order” to access the order summary. The Customer can then modify their order (Product, size, quantity).
The total amount including VAT of the order, distinguishing between the Product price and the delivery costs, is then indicated in the summary.

Step 3: Once the order has been verified and, where appropriate, modified, the Customer validates the cart in order to finalize the order by clicking again on “order.”
If the Customer has a promotional code, reserved for preferred Customers, they must enter it in the designated field to benefit from it.

Step 4: The Customer enters their delivery and billing details.
Fields marked with an asterisk (*) are mandatory. Unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the Site, they have a Customer Account. In this case, they will log in only with their email address and password.
The Customer then checks all the information and clicks “validate” to proceed with the order.

Step 5: The Customer enters their bank details.
The Customer will then access the secure payment screen as specified in Article 4.3 below.
Payment is made online by credit card or PayPal.
The Customer must enter their credit card number, expiration date, and the 3 or 4-digit security code found on the back of the card.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
If payment fails, the Customer has up to three attempts to re-enter their bank details. After the third refusal, the Customer will be redirected to a screen notifying them of the payment refusal. The Customer will then be invited to contact Maneki Customer Service to understand the reason and find a solution to finalize the order.

4.2 Order Confirmation
As soon as payment is accepted, the Customer will receive an email confirmation of their order, summarizing all the Products ordered, the billing and delivery address, and the delivery date.

Validation of the order by the Customer and the order confirmation sent by email by Maneki following payment acceptance constitute a sales contract between the Parties and acceptance of these General Terms and Conditions of Sale.

The Customer who has placed an order may print their invoice by logging into the Site in the “order tracking” section provided for this purpose.

Maneki reserves the right not to validate an order in cases such as:

• Obvious pricing error;

• Abnormal activity on the Customer’s account (abnormal or abusive claims, exchanges, or returns);

• Abnormal orders in terms of quantities ordered;

• Existing dispute(s) with the Customer.

The Site’s Customer Service is available to the Customer for any questions relating to their order, via the contact form, by email (eshop@paulandjoe.net), or by phone at +33 (0)1 42 74 24 68, Monday to Friday, from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m.

4.3 Payment
The price of Products purchased is payable in full on the day the Customer places the order.

Transactions carried out on the Site are secured by Geotrust’s payment system.
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted, or used by third parties. At no time do the Customer’s financial data pass through Maneki’s computer system.

Geotrust verifies that the connection with the Customer’s browser is secure before sending the payment form to the bank carrying out the financial transaction.

As Geotrust is a technical provider, it does not handle disputes relating to orders, which are dealt with directly by Maneki as stated above, or, if applicable, by the Customer’s bank.

In the event of fraudulent use of their bank card on the Site, the Customer is invited to contact Customer Service via the contact form, by email (eshop@paulandjoe.net), or by phone at +33 (0)1 42 74 24 68, Monday to Friday, from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m.

The request for authorization to debit the card is made when the order is validated on the Site, except in the case of server unavailability. Maneki reserves the right to make a new request for authorization to debit if the first could not be completed due to server unavailability.

In the event of non-payment, incorrect address, or any other issue with the Customer’s account, Maneki reserves the right to block the Customer’s order until the issue is resolved.

4.4 Archiving of the Order
The order confirmation is recorded in Maneki’s records, which are themselves stored on a reliable and durable medium. The Customer accepts that the order confirmation be considered as proof of the contractual relationship between the Parties.

ARTICLE 5 – DELIVERY
Maneki will deliver the orders together with a delivery note within a maximum period of ten (10) business days for delivery within mainland France, and twenty (20) business days for delivery to any other destination, starting from the day following payment of the order. The invoice remains available for download by the Customer at any time in the “My Orders” section of their account. Any order placed on the Site from Monday to Thursday before 2:00 p.m. will be processed the same day; orders placed after 2:00 p.m. will be processed the following day. Any order placed on Friday after 11:00 a.m., on Saturday, or on Sunday will be processed the following Monday. Orders placed on a public holiday will be processed on the next business day. If one or more products are available in-store, an additional 24-hour period is applied to transfer the product to the logistics center. At any time before delivery of the order, the Customer may request cancellation of the sale in the “My Orders” section of their account and thus obtain a refund of the amounts paid for the sale. If the cancellation request is made after shipment of the order but before delivery, the Customer must return the order in accordance with Articles 6 and 7. For orders outside France and the United Kingdom, once the parcel has arrived at its destination, it is the responsibility of the recipient to pay any applicable duties or taxes in the country of destination. Local authorities can provide further information.

ARTICLE 6 – RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14)* days from the date of receipt of their order to return the Products ordered, without justification or penalty. Returns are free of charge** for ready-to-wear items from the new collection delivered within mainland France. Customers may also exchange items from the new collection, but only for orders delivered within mainland France. For any return made under the right of withdrawal, the procedure below must be strictly followed: 1/ Log in to the return interface using your order number and the email address used when placing the order. 2/ Select the items to be returned and indicate the reason for return. 3/ Choose the type of return that suits you. 4/ Click on “Get my label” to download the return label. 5/ Prepare the product(s) to be returned and include the Delivery Note with the return label. Products must be returned in their original packaging, with tags and accessories, in their original condition. 6/ Print your return label from the return interface, affix it to your closed parcel, and drop it off at the nearest post office. For orders placed using the “Try Before You Buy” service, the return request period is five (5) days. **Subject to the above conditions, Maneki will refund the Customer the full order amount including VAT (product price and delivery costs). The Customer’s bank account will be credited within thirty (30) days from receipt of the returned Products by Maneki.

ARTICLE 7 – RETURNS
Beyond the right of withdrawal set out in Article 6 above, Maneki grants the Customer fourteen (14) additional days to return unwanted Products, i.e., twenty-eight (28) days in total from receipt of the order. The procedure to be followed is identical to that described in Article 6 above. Products must be returned in their original condition, complete (packaging, accessories, tags), and accompanied by the return form. Items returned incomplete, damaged, worn, washed, or soiled will not be refunded.

ARTICLE 8 – PERSONAL DATA
By browsing and placing an order on the Site, the Customer agrees to the collection and processing of a certain amount of information strictly necessary: • For order processing; • For communicating information about the Paul & Joe and Paul & Joe Sister brands; • For communicating information about the Site; • For sending promotional offers, if the Customer expressly accepts this when validating their order. Information strictly necessary for Maneki to manage the Customer’s order is marked with an asterisk (). All personal data collected by Maneki are processed with the strictest confidentiality and transparency, in accordance with national laws and applicable European regulations. Customer personal data are retained only for a duration strictly proportionate to the purpose of their collection. Data used for order management, customer relations, and marketing purposes are retained for a period of three months from the end of the commercial relationship. Customer banking data are deleted immediately after the transaction is completed. Once the Customer has given consent, their personal data may be processed by Maneki as well as by contractual partners who contribute to managing the orders. All data controllers and subcontractors commit to complying with these rules. Personal data are not intended to be shared with any other party. Maneki undertakes to take all necessary precautions to ensure the security of its files and the protection of its IT system, preventing in particular personal data from being distorted, damaged, or accessed by unauthorized third parties. Customer personal data are sent to and stored with the Site host located in France, whose contact details are listed in the “Legal Notice” section of the Site. In accordance with legal and regulatory provisions, the Customer has the right to access, rectify, transfer, erase, and limit the processing of their personal data. To exercise these rights, the Customer must contact Maneki Customer Service, specifying their name, first name, email, address, and customer references, by email (eshop@paulandjoe.net) or by post (Paul & Joe Customer Service, 14 rue Commines, 75003 Paris). Each request must be signed and accompanied by a copy of an identity document bearing the Customer’s signature and indicating the address for the response. A response will then be sent to the Customer within one month of receipt of the request, or within two months depending on the complexity and number of requests, provided the Customer is informed within one month of receipt. The Customer may also rectify or delete their personal data directly from their Customer Account, using their email and password. Data retention: Customer and prospect data are kept for a period of 5 years from the end of the relationship. This period starts either from the last order, the last login to the Customer Account, the last email sent to Customer Service, the last click on a link in an email sent by Paul & Joe, the last addition of a product to the cart without purchase, or a positive response to an email asking whether the Customer wishes to continue receiving marketing communications at the end of the five-year period. At the end of this period, the Customer or prospect data will be anonymized.

ARTICLE 9 – WARRANTIES
The Customer benefits from the legal warranties provided by French law. Products are covered against lack of conformity and hidden defects under Articles L.217-4 to L.217-14 of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code. The Customer may request either repair or replacement of the Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code. If repair or replacement is impossible, the Customer may request a refund of the price paid and return the Product. Claims under these legal warranties must be sent to Customer Service.

ARTICLE 10 – LIABILITY
Maneki cannot be held liable if the non-performance or poor performance of the contract is attributable either to the Customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure. Similarly, Maneki cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular service interruption, external intrusion, or the presence of computer viruses.

ARTICLE 11 – INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of Maneki. Any total or partial reproduction, modification, or use of these elements for any reason whatsoever is strictly prohibited.

ARTICLE 12 – FORCE MAJEURE
Maneki shall not be held liable for any breach of its contractual obligations in the event of force majeure or unforeseeable circumstances, as defined by case law.

ARTICLE 13 – ENTIRE AGREEMENT
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.

ARTICLE 14 – APPLICABLE LAW – DISPUTES
These General Terms and Conditions of Sale and the contractual relationship between the Parties are governed by French law. In the event of a dispute, the Customer shall first contact Maneki to seek an amicable solution. Failing this, the French courts shall have jurisdiction.

ARTICLE 15 – MEDIATION
In the event of a dispute not resolved amicably, the Customer may have recourse free of charge to a consumer mediator. The mediator will attempt, independently and impartially, to bring the Parties together to reach an amicable solution.

ARTICLE 16 – LANGUAGE
These General Terms and Conditions of Sale are written in French. If translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 17 – PROOF
Electronic records kept in Maneki’s computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the Parties.