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

The company MANEKI (hereinafter "Maneki")

A simplified joint-stock company with share capital of 250,000 euros, with 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 who is not a trader, with the legal capacity to enter into contracts, exclusively domiciled in the countries served by Maneki and purchasing a Product on the Site (hereinafter the "Customer").

These general terms and conditions of sale apply exclusively to natural persons who are not traders and who are at least 18 years of age.

The customer means any natural person acting for purposes outside the scope of their commercial, industrial, craft or professional activity, who is at least 18 years of age and who has placed at least one order on the site.

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, and 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 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 any condition were missing, it would be deemed governed by the French customs and laws in force regarding distance selling. Any invalidity of one of the clauses of the General Terms and Conditions of Sale shall not render the General Terms and Conditions of Sale as a whole invalid; only the invalid clause shall be deemed unwritten and lose its 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 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 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 not traders and are of legal age exclusively (hereinafter referred to as the "Customer").

They therefore govern the various stages of browsing the site and completing the sale: from the Customer's placing of 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 listed on the Site on the date the Customer consults it.

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

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

ARTICLE 3 - PRICE
Prices are indicated in euros (€) incl. VAT, all taxes included, including VAT and excluding preparation and delivery costs, which vary according to the countries concerned. The prices shown take into account the VAT applicable on the date of the order. If the VAT rate were to be changed, it will be automatically reflected in the price of the items. The fixed contribution amount for preparation and delivery costs is communicated to the Customer on the order summary form before the latter is validated.

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

At any time, Maneki reserves the right to change the prices and descriptions of the products, particularly in the event of an increase in taxes applicable to sales and in particular the VAT rate, and/or in the event of a 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 case of an obvious error.

The transfer of risk, loss and damage to 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 formalises their order by completing the following 5 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 summary of their order. The Customer may then modify their order (Product, size, quantity).

The total amount of the order incl. VAT, distinguishing 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, if applicable, amended, the Customer validates their basket in order to finalise their order by clicking again on "order".

If the Customer has a promotional code, reserved for the best Customers, they must enter it in the designated field in order to benefit from it.

Step 4: Entry by the Customer of 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: Entry of banking 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 banking details. After the 3rd refusal, the Customer will be redirected to a screen indicating that payment has been refused. The Customer will then be invited to contact Maneki Customer Service to find out the reasons and to find a solution together to finalise the order.

4.2 Order confirmation

As soon as the Customer's payment is 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 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 designated "order tracking" area.

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

• Obvious price error;

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

• Abnormal orders with respect to the 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. 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 Geotrust's payment system.

All information exchanged to process payment is encrypted using the SSL (Secure Socket Layer) protocol. These 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 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 dealt with 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. and from 2 p.m. to 5 p.m.

The request for authorisation to debit the card 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 debit authorisation request in the event that 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 Order archiving

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 relations entered into between the Parties.


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

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

Any order registered 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 and on Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed on the next working day. If one or more products are available in store, an additional 24 hours is applied 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 thus obtain reimbursement of the sums paid in connection with the sale. If the request to cancel the sale is made after dispatch of the order, but before delivery, the Customer must return the order in accordance with Article 6 and Article 7

For orders outside mainland France, when the parcel intended for export reaches its destination, it will be the recipient's responsibility to pay any taxes or customs duties applicable 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 notified within the legal time limits following receipt of the order.

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

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

• Complete the Delivery Note enclosed with their parcel in the relevant boxes, 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 is to be returned to the following address: Paul and Joe Customer Service 14 rue Commines 75003 Paris

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

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

• reimbursement of the price of the order (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 on which notification of confirmation of non-conformity is sent by the Site's Customer Service.

In the event of reimbursement, Maneki shall reimburse all returned products due to non-conformity as well as the postage costs incurred, with the exception of taxes and customs duties paid by the Customer upon delivery.

In the event of abnormal or abusive claims, 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 Products ordered, without justification or penalty.
Returns are free** for ready-to-wear orders 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.

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

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 return.

3/ Select the return type that suits you.

4/ Click "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. Products must be returned in their original packaging, with their tag and any accessories in their original condition.

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

*For an order placed using the "Try Before You Buy" service, this period for making a return request is 5 days.

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

The products offered comply with current French legislation. All Products benefit from the legal regime of the warranty of conformity provided for in Articles L217-4 et seq. of the Consumer Code, as well as the warranty against hidden defects in Articles 1641 et seq. of the Civil Code.

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

Any request 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 the seller receives the product.

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

• For order processing;

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

• 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 to Maneki in connection with the management of the Customer's order is indicated by an asterisk (*).

All personal data collected by Maneki is processed with the strictest 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 purposes, improving relations with Customers and commercial prospecting are kept for a period of three months from the end of the business relationship. Customers' banking data are, for their part, deleted immediately after the transaction has been completed.

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 subcontractors undertake to comply with these rules. Personal data are not intended to be shared with any other party.

Maneki undertakes to take all useful precautions to ensure the security of its files and the protection of its computer 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 to and stored with the website host located in France, whose contact details appear on the site under the heading "Legal Notices".

In accordance with legal and regulatory provisions, the Customer has the right to access, rectify, portability, erasure and restriction of the processing of their personal data.

To exercise their rights, the Customer must contact Maneki Customer Service by indicating their surname, first name, email, address and customer reference 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. A response will then be sent to the Customer within 1 month of receipt of the request, or within 2 months depending on 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 own personal information from their Customer account by logging in using 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 starts 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 a click 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 reserved for 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, writings, animations, software, graphic charter, database utilities, 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 possibly of its suppliers and partners, the latter granting no licence or any other right other than the right to consult the Site.

Any total or partial reproduction, modification or use of any element of the site and in particular 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, with the exception of logos and descriptive signs belonging to the brands present on the Site. The same shall apply to all copyrights, designs and models, patents that are the property of Maneki.

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

Maneki prohibits any deep hyperlink 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 request express authorisation from Maneki.

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

Maneki cannot therefore under any circumstances be held liable for any direct or indirect damage arising from improper use or an incident related to the use of the computer, access to the Internet, maintenance or malfunction of servers, the telephone line or any other technical connection, the Customer's connection to the Site being made under their sole responsibility.

Maneki shall not be liable for 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 positive law.

In such a case, Maneki will 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, Maneki will refund the 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 to be declared void, unlawful or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.

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

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

In the event of failure or in the 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 in order to reach 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 goods.

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

These terms apply for the entire period during which the products and services offered for sale by Maneki are online.