Terms of sale

IN FORCE AS OF 21 DECEMBER 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 branded products (hereinafter the "Product(s)") on the website www.paulandjoe.com (hereinafter the "Site").

Between

MANEKI (hereinafter "Maneki")

Simplified joint-stock company with share capital of 250,000 euros, with its registered office at 14 rue des Commines 75003 Paris, registered with the Paris Trade and Companies Register under number 483 435 335.

And

Any adult natural person, non-trader, with legal capacity to contract, domiciled exclusively in the countries served by Maneki, making a purchase of a Product on the Site (hereinafter the "Customer").

These general terms and conditions of sale apply exclusively to natural persons who are non-traders and at least 18 years of age.

The customer means any natural person acting for purposes outside the scope of their commercial, industrial, craft or self-employed activity, at least 18 years of age and who has ordered from the site at least once.

The creation of 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 understood them when placing the order.

Accordingly, placing an order implies the Customer's full and unconditional acceptance of these General Terms and Conditions of Sale, to the exclusion of all other terms and conditions.

Maneki endeavours 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 the content at any time and without notice.

If a condition should be missing, it shall be deemed governed by the customs and French laws in force concerning distance selling. Any invalidity of one of the clauses of the General Terms and Conditions of Sale shall not invalidate the General Terms and Conditions of Sale as a whole; only the invalid clause shall be deemed unwritten and shall cease to have effect.

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

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 Maneki, a French simplified joint-stock company registered with the Trade and Companies Register under SIREN number483 435 335 whose registered office is located at 14 rue des Commines 75003 (hereinafter referred to as "Maneki") to all natural persons who are non-traders and adults only (hereinafter referred to as the "Customer").

They therefore govern the various stages of browsing the site and completing the sale: from the Customer placing the order to 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 shown on the Site on the date they are viewed by the Customer.

Each Product will be accompanied by a descriptive sheet which, in addition to the photograph, will contain: the price, available sizes and colours, the composition, as well as any special characteristics.

There may be minor differences between a product and its photograph, depending in particular on the resolution and colour settings of the user's screen.

ARTICLE 3 - PRICE
Prices are shown in euros (€), including VAT and all taxes, excluding preparation and delivery costs, which vary depending on the countries concerned. The prices shown take into account the VAT applicable on the date of the order. If the VAT rate were to change, it would be automatically reflected in the price of the items. The flat-rate contribution to preparation and delivery costs is communicated to the Customer on the order summary slip, prior to validation of the order.

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

At any time, Maneki reserves the right to modify the prices and descriptions of the products, in particular in the event of an increase in taxes applicable to sales, including the VAT rate, and/or in the event of any typographical or obvious data entry error in the price or description of the products.

Thus, products will be invoiced on the basis of the prices in force at the time the order is registered, except in the event of an obvious error.

The transfer of risk, loss and deterioration of the Products shall take place after delivery and receipt of the Products by the Customer.

ARTICLE 4 - ORDERING AND PAYMENT FOR PRODUCTS
4.1 Placing an order

The Customer places the order by completing the 5 following steps

Step 1: the Customer selects the chosen Products and adds them to their basket after selecting the desired size and colour.

The basket located at the top right of the screen informs the Customer that their selections have been taken into account by indicating the number of Products it contains.

Step 2: the Customer checks the contents of their basket by clicking on "order" in order to access the order summary. The Customer may then modify their order (Product, size, quantity).

The total amount including VAT of the order, showing on the one hand the price due for the Products and on the other hand the delivery costs, is then indicated in the summary.

Step 3: Once the order has been checked and, where applicable, modified, the Customer validates their basket in order to finalise their order by clicking once again on "order".

If the Customer has a discount code, reserved for the best Customers, they must enter it in the space provided in order to benefit from it.

Step 4: Customer enters delivery and billing details

Fields marked with an asterisk (*) are mandatory fields; it being specified that, 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 such a case, they will identify themselves only with their email address and password.

The Customer then checks all the information and clicks "validate" to continue with their order.

Step 5: Enter bank details

The Customer will then access the secure payment screen as specified in article 4.3 below.

Payment is made online by bank card or PayPal.

The Customer must enter their bank card number, expiry date and the 3 or 4 numbers of the visual cryptogram on the back of their card.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.

If payment fails, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected to a screen indicating payment refusal. The Customer will then be invited to contact Maneki Customer Service to find out the reasons and together find a solution to complete the order.

4.2 Order confirmation

As soon as the Customer's payment has been accepted, the Customer will receive an email confirming their order, summarising all the items ordered, the billing and delivery address, as well as the delivery date.

Validation of the order by the Customer and the order confirmation sent to the Customer by email by Maneki, following acceptance of payment, constitute the conclusion of a Sales Contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The Customer who has placed an order will be able to print their invoice by logging on to the Site in the "order tracking" area provided for this purpose.

Maneki reserves the right not to validate the order in the event of:

• Obvious pricing error;

• Unusual operation of the Customer's account (abnormal or abusive claims, abnormal or abusive exchanges and returns, etc.);

• Orders that are unusual in view of the quantities ordered,

• Existing dispute(s) with the customer.

The Site's Customer Service Department is available to the Customer for any questions relating to their order. Customer Service is available via contact form, email (eshop@paulandjoe.net), and by telephone on 01 42 74 24 68, Monday to Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 5 p.m.

4.3 Payment

The price of the Products purchased is payable in cash, in full on the day the order is placed by the Customer.

Transactions carried out on the Site are secured by the payment system of Geotrust.

All information exchanged to process 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 checks that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As Geotrust is a technical service provider, it does not handle disputes relating to orders, which are processed directly by Maneki as specified above, or where 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 contact form, email (eshop@paulandjoe.net), and by telephone on 01 42 74 24 68, Monday to Friday, from 9 a.m. to 1 p.m. then from 2 p.m. to 5 p.m.

The request for authorisation of the card debit is made at the time the order is validated on the Site, except in the event of server unavailability. Maneki reserves the right to make a new request for debit authorisation if the first one could not be completed because the servers were unavailable.

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

4.4 Archiving of the order

The order confirmation is recorded in Maneki's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation shall be considered proof of the contractual relationship between the Parties.


Maneki will deliver orders accompanied by a delivery note within a maximum period of ten (10) working days for delivery to mainland France, and twenty (20) working days for delivery to any other destination, commencing on the day after payment of the order.

The invoice remains available for download by the Customer at any time in the "my orders" area of their account.

Any order recorded on the Site from Monday to Thursday before 2 p.m. will be processed the same day; after 2 p.m., it will be processed the following day. Any order placed on Friday after 11 a.m., on Saturday or on Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed on the following working day. If one or more products are available in a store, an additional 24 hours' delay applies in order to bring the product back to our logistics centre.

At any time, before delivery of the order, the Customer may request cancellation of the sale, in the "my orders" area of their account, and thereby obtain a refund of the sums paid in connection with the sale. If the request to cancel the sale is made after the order has been shipped, but before delivery, the Customer must return the order in accordance with Article 6 and Article 7

For orders outside mainland France, when the package intended for export reaches its destination, it will be the recipient's responsibility to pay any taxes or customs duties that apply in the destination country. Local authorities can provide useful information.

 

The Customer is required to check the conformity of the Products received in fulfilment of their order at the time of delivery. Any anomaly concerning delivery such as:

• damaged parcel;

• missing products;

• damaged products;

• products not conforming to the order.

must be reported within the legal time limits following receipt of the order.

After this period, and except in the case of hidden defects, no complaint will be accepted by Fiso, the Products then being deemed to conform.

In order to return the Product(s) for which an anomaly has been noted, the Customer must follow the procedure below:

• Complete the delivery note enclosed with the parcel in the spaces provided for this purpose, as well as the reason for the return and the quantities returned

• Carefully package the product(s) to be returned and enclose the duly completed delivery note. The parcel must be returned to the following address: Paul and Joe Customer Service 14 rue Commines 75003 Paris

Upon receipt of the Product(s) and confirmation of their non-conformity, Maneki offers the Customer either:

• replacement of the Product(s) at Maneki's expense;

• a refund of the order price (price of the Products and delivery costs) as well as the return costs of the non-conforming Product, no later than thirty (30) days from the date of sending the notification confirming the non-conformity by the Site's Customer Service Department.

In the event of a refund, Maneki shall refund all products returned as non-conforming as well as the shipping costs incurred, with the exception of taxes and customs duties paid by the Customer upon delivery.

In the event of abnormal or abusive complaints, Maneki may refuse to fulfil a subsequent order.

The Customer has a period of fourteen (14)* days from the date of receipt of their order to return the ordered Products, without justification or penalty.
Returns are free of charge** for orders of ready-to-wear items from the new collection delivered in mainland France. In addition, you may also exchange your items from the new collection, but only for orders delivered in mainland France.

Beauty products, cosmetics and make-up may not be returned or exchanged, even if they have not been opened or unpacked.

For any return under the right of withdrawal, the procedure below must be fully followed:

1/ Log in to thereturns interface using your order number and the email address used when placing your order.

2/ Indicate the items to be returned and the reason for the return.

3/ Select 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 enclose the delivery note included with the return label. The products must be returned in their original packaging, with their label and any accessories, in their original condition.

6/ Print your return label from the returns interface, affix it to your sealed parcel, and drop your parcel off at the nearest post office.

*For orders placed using the "Try before you buy" service, this return request period is 5 days.

**Subject to the conditions set out above, Maneki will refund the total amount including VAT of the order to the Customer (price of the Product and delivery costs). The Customer's bank account will be credited with said amount within thirty (30) days from receipt of the Products by Maneki.

The products offered comply with the legislation in force in France. All Products benefit from the legal regime of the guarantee of conformity provided for in Articles L217-4 and following of the Consumer Code, as well as the guarantee against hidden defects in Articles 1641 and following of the Civil Code.

Under these warranties, Maneki undertakes, at the Customer's choice, to refund or exchange defective products or products not corresponding to their order, subject to availability.

Any claim made under these warranties must be sent by registered letter with acknowledgement of receipt to Maneki Customer Service (Paul and Joe Customer Service 14 rue Commines 75003 Paris).

Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by Maneki's customer service department.

The Customer will be refunded the return postage costs no later than thirty (30) days after receipt of the product by the seller.

By browsing and placing an order on the Site, the Customer accepts the collection and processing of a number of strictly necessary items of information:

• For order processing;

• To provide the Customer with information about the Paul & Joe and Paul & Joe Sister brands;

• To provide the Customer with information about the Site;

• To enable them to benefit from commercial offers if the Customer expressly agrees by validating their order.

The information strictly necessary for Maneki in connection with the management of the Customer's order is marked with an asterisk (*).

All personal data collected by Maneki is processed with the utmost confidentiality and transparency, in accordance with national laws and the regulations in force in Europe.

The Customer's personal data are kept for a period strictly proportionate to the purpose for which they were collected.

Thus, data used for order management, improving relations with Customers and commercial prospecting are kept for a period of three months from the end of the business relationship. Customers' bank details are deleted immediately after the transaction has been carried out.

Once the Customer has consented, their personal data may be processed by Maneki, but also by its contractual partners who intervene and contribute to the management of Orders. All data controllers and processors undertake to comply 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, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorised third parties.

The Customer's personal information is sent and stored with the website host located in France, whose contact details appear on the Site under the heading "Legal Notice".

In accordance with statutory and regulatory provisions, the Customer has the right to access, rectify, port, erase and restrict the processing of their personal data.

To exercise their rights, the Customer must contact Maneki Customer Service, stating their surname, first name, email address, address and customer references by email (eshop@paulandjoe.net) or by post (Paul and Joe Customer Service 14 rue Commines 75003 Paris).

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address. This reply will then be sent to the Customer within 1 month of receipt of the request, or within 2 months taking into account the complexity and number of requests, provided that the Customer is informed in advance within 1 month of receipt of their request.

The Customer may also delete or rectify their personal information themselves from their Customer area by logging in with their email address and password.

Data retention:

Customer and prospect data are retained for a period of 5 years from the end of the relationship. The period begins either from the last order, or from the last login to the customer account, or from the sending of an email to customer service, or from clicking on a hyperlink in an email sent by PAULANDJOE, or from adding products to the basket without completing the purchase, or finally from a positive response to an email asking whether the customer wishes to continue receiving commercial prospecting at the end of the five-year period.

At the end of this period, the customer or prospect data will be anonymised.

Our Site is particularly attentive to the needs of our customers. To find out more, click here.

Use of the Site is restricted to strictly personal use.

In accordance with the laws governing intellectual property, this Site and all elements comprising it, such as sounds, images, graphics, photographs, videos, written content, animations, programmes, graphic charter, utilities, databases, software, and other underlying technology, as well as trademarks, designs, models, logos, etc. found on this Site, together with their compilation, are the exclusive property of Maneki or, where applicable, of its suppliers and partners, who grant no licence or any other right other than the right to view the Site.

Any total or partial reproduction, modification or use of any element of the site, in particular the trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Maneki, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive sign intended to form a composite logo, except for logos and descriptive signs belonging to the brands present on the Site. The same shall apply to all copyrights, designs and models, and patents that are the property of Maneki.

Consequently, Maneki may initiate legal proceedings, in particular for infringement, against anyone who directly or indirectly infringes its rights.

Maneki prohibits any deep link to the Site or any hyperlink using a transclusion technique. A user wishing to place on their personal website a simple link directly to the Site's home page must first obtain Maneki's express authorisation.

Placing an order on the Site implies knowledge of and acceptance of the procedures in force on the Internet, in particular with regard to technical performance, response times, connections, information queries or transfers, risks of interruption, risks of contamination by viruses circulating on the network and, more generally, all risks associated with use of the Internet.

Maneki shall therefore under no circumstances be held liable for any direct or indirect damage arising from improper use or an incident related to the use of the computer, Internet access, maintenance or malfunction of servers, the telephone line or any other technical connection, the Customer's connection to the Site being at their sole responsibility.

Maneki shall not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if such non-performance is caused by an event constituting force majeure as defined by applicable law.

In such a case, Maneki shall inform the Customer of the occurrence of such an event within 3 (three) clear days of its occurrence, by email.

After a period of 1 (one) month, and in the event that the event constituting force majeure persists, the order will be cancelled and, where applicable, will be refunded by Maneki to the bank card used to place the order within a maximum period of 30 (thirty) days.

If any of the terms of these General Terms and Conditions of Sale were found to be void, unlawful or unenforceable by court decision, the remaining provisions of the General Terms and Conditions of Sale shall remain in force.

These General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In the event of disputes, the Customer shall first contact Maneki in order to obtain an amicable solution.

In the event of failure or absence of a response from Maneki within two months, the Customer may submit the dispute to the CM2C Mediator (cm2c.net), who will endeavour, in complete independence and impartiality, to bring the parties closer together with a view to reaching a solution.

Recourse to the Mediator is financed by Maneki.

The Parties are free to refuse the solution proposed by the Mediator.

Failing an amicable agreement, the competent court to resolve the dispute shall be that of the defendant's place of domicile or that of the place of actual delivery of the item.

Given the possible changes to the Site, Maneki reserves the right to adapt or amend these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will, where applicable, be brought to the Customer's attention by online modification and will apply only to sales made after the modification.

These terms apply for the entire duration of the online availability of the products and services offered for sale by Maneki.