Terms of sale
WARNING! Returns and exchanges will not be accepted for products in the "Last Chance" category or during exceptional sales such as "Press Sales" or "Weekend Sales".
IN EFFECT FROM 27 FEBRUARY 2018
The present 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").
The company FISO (hereinafter "Fiso")
Société par action simplifiée with a capital of 250,000 euros, whose registered office is at 14 rue des Commines 75003 Paris, registered with the Paris Trade and Companies Register under number 402 968 366.
Any natural person of full age, not a trader, having the legal capacity to contract, exclusively domiciled in the countries delivered by Fiso making a purchase of Product on the Site (hereinafter "the Customer").
These general terms and conditions of sale exclusively concern only natural persons who are not traders and who are at least 18 years of age.
The Customer is understood to be any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, who is at least 18 years old and who has ordered at least once on the Site.
The creation of the customer account is reserved for all natural persons and aged at least 18 years.
The present General Terms and Conditions of Sale are accessible at any time on the Site, the Customer must declare having read them and having taken note of them at the time the order is recorded.
Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of all other conditions.
Fiso makes every effort to ensure to the best of its ability the accuracy and updating of the information on the Site, and reserves the right to correct, at any time and without notice, the content.
If a condition were to be lacking, it would be considered as being governed by the French customs and laws in force in terms of distance selling. The possible nullity of one of the clauses of the General Terms and Conditions of Sale does not entail the nullity of the General Terms and Conditions of Sale as a whole, only the null clause being deemed unwritten and losing its effect.
Fiso 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 General Terms of Sale are those in force on the Site at the date of placing the order by the Customer.
ARTICLE 2 - PRODUCTS
The Products offered for sale by Fiso are those appearing on the Site on the day of its consultation by the Customer.
Each Product shall be the subject of a descriptive sheet which, in addition to the photograph, shall contain: price, sizes and colors available, composition, as well as any special features.
It is possible that minor differences between a Product and its photograph may exist depending in particular on the resolution and definition of the colors of the user's screen.
ARTICLE 3 - PRICES
The prices are indicated in Euros (€) including VAT and excluding preparation and delivery costs which vary according to the countries concerned. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be modified, it will automatically be reflected in the price of the items. The flat-rate amount of participation in the preparation and delivery costs is communicated to the Customer on the order summary form, before validation of the latter.
Any order implies acceptance of the prices and description of products available for sale.
At any time, Fiso reserves the right to modify the prices and descriptions of products and in particular in case of an increase in taxes applicable to sales and in particular the rate of VAT, and/or in case of typographical error or obvious input on the price or description of products.
Thus, the Products will be invoiced on the basis of the prices in force at the time the order is recorded, except in the case of manifest error.
The transfer of risks, of loss and deterioration of the Products, will take place after delivery and receipt of the Products by the Customer.
ARTICLE 4 - ORDERING AND PAYMENT OF THE PRODUCTS
4.1 Placing an order
The Customer materializes his order by completing the following 5 steps
Step 1: the Customer selects the Products and adds them to his basket after selecting the desired size and color.
The basket at the top right of the screen informs the Customer that he has taken the selections into account by indicating the number of Products it contains.
Step 2: the Customer checks the contents of his basket by clicking on "order" in order to access the summary of his order. The Customer can then modify his order (Product, size, quantity).
The total amount of the order, including 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 necessary modified, the Customer validates his basket in order to finalize his order by clicking again on "order".
If the Customer has an advantage code, reserved for the best Customers, he must enter it in the space provided for this purpose in order to benefit from it.
Step 4: Entering by the Customer of the delivery and invoicing details
The fields marked with an asterisk (*) are mandatory fields; it being specified that unless otherwise specified by the Customer, the invoicing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the Site, he has a customer account. In such a case, he will identify himself only with his e-mail address and password.
The Customer then checks all the information and clicks on "validate" to continue his order.
Step 5: Entering 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 his credit card number, its validity date and the 3 or 4 numbers of the visual cryptogram present on the back of his card.
In case of failure to pay, the Customer will have up to 3 attempts to re-enter his bank details. At the end of the 3rd refusal, the Customer will be redirected to a screen notifying him/her of the refusal of payment. The Customer shall then be invited to contact Fiso's Customer Service Department to find out the reasons for the refusal and to find a solution together to finalize the order.
4.2 Order Confirmation
As soon as the Customer's payment is accepted, the Customer shall receive an email confirming his order and summarizing all the items ordered, the billing and delivery address as well as the delivery date.
- Manifest Price error ;
- Unusual operation of the Customer's account (abnormal or abusive claims, abnormal or abusive exchanges and returns. ...) ;
- Abnormal orders with regard to the quantities ordered,
- Existing dispute(s) with the Customer.
The Site's Customer Service is at the disposal of the Customer for any questions relating to his order. The Customer service is available by contact form, email (firstname.lastname@example.org), and by telephone at 01 42 74 24 68, Monday to Friday, from 9am to 1pm and from 2pm to 5pm.
The price of the Products purchased is payable in cash, in full on the day the order is placed by the Customer.
All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. This data can neither be detected, intercepted nor used by third parties. At no time does the Customer's financial data pass through Fiso'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.
Geotrust being a technical service provider, it does not take charge of disputes related to orders, which are processed directly by Fiso as specified above, or if necessary by the Customer's bank.
In the event of a default of payment, an erroneous address or any other problem on the Customer's account, Fiso 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 on Fiso's registers, which are themselves kept on a reliable and durable medium. The Customer agrees that the order confirmation shall be considered as proof of the contractual relationship between the Parties.
ARTICLE 5 - DELIVERY
Fiso shall deliver orders accompanied by a delivery note within a maximum period of ten (10) working days for delivery to Metropolitan France, and twenty (20) working days for delivery to any other destination, starting the day following payment of the order.
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 am, Saturday and Sunday will be processed the following Monday; it being specified that orders placed on a holiday will be processed the following business day.
At any time, before delivery of the order, the Customer may request cancellation of the sale, in the "my orders" space of his account, and thus obtain a refund of the sums paid on the occasion of the sale. If the request for cancellation of the sale should be 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 France, when the package for export reaches its destination, the recipient will be responsible for paying the taxes or customs duties that apply in the country of destination. The local authorities may be able to provide you with useful information.
ARTICLE 6 - NON-CONFORMITY OF THE PRODUCT(S)
The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as :
- damaged package ;
- missing products ;
- deteriorated products ;
- products not in conformity with the order.
shall be notified within the legal time limit following receipt of the order.
After this time limit, and except in the case of hidden defects, no claim shall be accepted by Fiso, the Products shall then be deemed to be in conformity.
- Fill in the Delivery Note attached to the package in the boxes provided for this purpose, as well as the reason for the return and the quantities returned
- Properly package the Product(s) to be returned and attach the Delivery Note duly filled in. The package is to be returned to the following address: Customer Service Paul and Joe 14 rue Commines 75003 Paris
Upon receipt of the Product(s) and upon actual observation of their nonconformity, Fiso offers the Customer either :
- the replacement of the Product(s) at Fiso's expense;
- the reimbursement of the price of the order (price of the Products and delivery costs) as well as the cost of returning the non-conforming Product, at the latest within thirty (30) days from the date of sending of the notification of the confirmation of the non-conformity by the Site's Customer service.
In the event of a refund, Fiso shall ensure the reimbursement of the totality of the Products returned for nonconformity as well as the shipping costs incurred, with the exception of taxes and customs duties paid by the Customer upon delivery.
In case of abnormal or abusive complaints, Fiso may refuse to serve a subsequent order.
ARTICLE 7 - RIGHT OF WITHDRAWAL
WARNING! Returns and exchanges will not be accepted for products in the "Last Chance" category or during exceptional sales such as "Press Sales" or "Weekend Sales".
The Customer shall have a period of fourteen (14) working days from the date of receipt of his order to return the Products ordered, without justification or penalty.
For any return under the right of withdrawal, the procedure below must be fully respected:
- Fill in the Delivery Note attached to your package in the boxes provided for this purpose and the reason for the return and the quantities returned
- Pack the product(s) to be returned and attach the Delivery Note duly completed. The package is to be returned to the following address: Customer Service Paul and Joe 14 rue Commines 75003 Paris. The products must be returned in their original packaging, with their label and any accessories in their original condition.
The risks and costs of return are the exclusive responsibility of the Customer.
Subject to the above-mentioned conditions, Fiso shall reimburse the Customer for the amount including all taxes of the order (price of the Product and shipping costs) excluding return shipping costs. The Customer's bank account shall be credited with the said amount within thirty (30) days from receipt of the Products by Fiso.
ARTICLE 8 - WARRANTIES
The products offered are in accordance with the French legislation in force. 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 of hidden defects provided for in articles 1641 and following of the Civil Code.Under these guarantees, Fiso undertakes, at the Customer's option, to reimburse or exchange defective products or products that do not correspond to the order, subject to availability.
Any request made under these guarantees shall be sent by registered letter with acknowledgement of receipt to Fiso's Customer Service (Customer Service Paul and Joe 14 rue Commines 75003 Paris).
Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by Fiso's Customer Service.
The Customer shall be reimbursed for the return postage within thirty (30) days of receipt of the product by the seller.
ARTICLE 9 - PERSONAL CHARACTER DATA
By browsing and placing an order on the Site, the Customer agrees to the collection and processing of a certain number of strictly necessary information :
- To process orders ;
- To communicate to the Customer information on the brand Paul & Joe and Paul & Joe Sister ;
- To communicate to the Customer information on the Site ;
- To allow the Customer to benefit from commercial offers if the Customer expressly accepts it by validating his order.
The information strictly necessary for Fiso to manage the Customer's order is indicated by an asterisk (*).
All personal data collected by Fiso shall be treated with the strictest confidentiality and transparency, in accordance with national laws and European regulations in force.
The Customer's personal data shall be kept for a period of time strictly proportional to the purpose of their collection.
Thus, data used for purposes of order management, improvement of Customer relations and commercial prospecting shall be kept for a period of three months from the end of the business relationship. Once the Customer has given his/her consent, his/her personal data may be processed by Fiso, by the company Maneki, owner of the Paul & Joe Sister brand, but also by its contractual partners who intervene and contribute to the management of the Orders. All data processors and subcontractors agree to respect these rules. Personal data is not intended to be shared with any other party. Fiso 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 unauthorized third parties.
The Customer's personal information is sent to and stored at the site host located in France, whose contact details appear on the site under the heading "Legal Notice".
In accordance with legal and regulatory provisions, the Customer has a right to access, rectify, carry, delete and limit the processing of his personal data.
To exercise his rights, the Customer must contact Fiso's Customer Service indicating his name, first name, e-mail, address and customer references by e-mail (email@example.com) or by mail (Customer Service Paul and Joe 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 response will then be sent to the Customer within 1 month following receipt of the request, or within 2 months given the complexity and number of requests, provided that the Customer is informed beforehand within 1 month following receipt of the request.
The Customer can also delete or correct himself his personal information from his Customer space by identifying himself using his email address and password.
Data retention :
Customer and prospect data are kept for a period of 5 years from the end of the relationship. The period starts either from the last order, or from the last connection to the customer account, or from the sending of an email to the customer service, or from a click on a hypertext link in an email sent by PAULANDJOE, or from the placing of products in the basket without the purchase being made, or finally from a positive response to an email asking if the customer wishes to continue to receive commercial prospecting at the end of the five-year period.
At the end of this period the data of the customer or prospect will be anonymized.
ARTICLE 10 - COOKIES
Our Site is particularly attentive to the needs of our customers. For more information, click here.
ARTICLE 11 - INTELLECTUAL PROPERTY
The use of the Site is reserved for strictly personal use.
In accordance with the laws governing intellectual property, this Site and all the elements that make it up, such as sounds, images, graphics, photographs, videos, writings, animations, programs, graphic design, database utilities, software, and other underlying technology, but also trademarks, designs, models, logos, etc., are protected by intellectual property laws. Any total or partial reproduction, modification or use of any element of the Site, including trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Fiso, is strictly prohibited. The same applies to any combination or conjunction with any other brand, 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, and patents that are the property of Fiso.
ARTICLE 12 - LIMITATION OF LIABILITY
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, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network.
Fiso can therefore under no circumstances be held liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the Customer's connection to the Site being under his entire responsibility.
ARTICLE 13 - FORCE MAJEURE
Fiso will not be liable for the total or partial non-execution of its obligations under the order placed by the Customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law.
ARTICLE 14 - DISPUTES
If any of the terms of these General Terms and Conditions of Sale are found to be null, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.
In case of disputes, the Customer shall first contact Fiso to obtain an amicable solution.
In the event of failure or in the absence of a response from Fiso within two months, the Customer may submit the dispute to the MEDICYS Mediator (www.medicys.fr) who will attempt, with complete independence and impartiality, to bring the parties together in order to reach a solution.
The recourse to the Mediator is financed by Fiso.
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 place of domicile of the defendant or that of the place of actual delivery of the thing.
ARTICLE 15 - MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Taking into account the possible evolutions of the Site, Fiso reserves the right to adapt or modify at any time the present General Terms and Conditions of Sale. The new Terms and Conditions of Sale shall, where applicable, be brought to the attention of the Customer by online modification and shall be applicable only to sales made after the modification.
ARTICLE 16 - DURATION
These conditions shall apply throughout the duration of the online availability of the products and services offered for sale by Fiso.