Terms and conditions of sale

These Terms and Conditions are current as of November 15, 2020.

DDEFINITIONS
    • These General Terms and Conditions of Sale (hereinafter “GTC”) are provided by CAMEL, owner of the PAR COEUR brand (hereinafter “the Company”), a simplified joint-stock company (SAS) with a capital of 10,000 euros, registered in the Creteil Trade and Companies Register under number 831 153 473, represented by Camille Goutard, with its registered office at 1 rue Paul Mazy, 94200 Ivry-sur-Seine, France. Its toll-free phone number is 09 51 88 57 53, its email address is contact@parcoeur-paris.com, and its individual intra-Community VAT identification number is FR62 831 153 473.
    • The company owns and publishes the website
      https://www.parcoeur-paris.com// (hereinafter "the Site"). The Site is hosted by Shopify Inc. a CP*** legal entity domiciled at 150 Elgin Street Suite 800 Ottawa, Ontario K2P 1L4 Canada, reachable at 1-613-241-2828.
    • The Site offers the Customer (hereinafter "the Customer") the opportunity to Purchase products manufactured by the Company (the "Products").  
    • Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and to order the products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and free of viruses.
    APPLICATION AND ENFORCEABILITYE TERMS AND CONDITIONS
    • The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the products offered for sale on the Site to Customers. They therefore apply to any Order ("Order") for products placed on the Site by the Customer. 
    • The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her Order. 
    • Validation of the Order therefore implies acceptance of these GCS. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site on the date the Order is placed.
    • In the absence of express acceptance by the Customer, any condition to the contrary will be unenforceable against La Société, regardless of when it may have been brought to its attention.
    • The fact that the Company does not avail itself at a given time of any provision of the present GTC shall not be interpreted as a waiver of the right to avail itself at a later date of any provision of the said GTC.

    ORDERING PRODUCTS ON THE SITE

    The Company reserves the right to correct the content of the Site at any time.

    • The customer can find out on the product page the period during which, or the date up to which, spare parts essential for the use of the product are available on the market.

    •  The products offered for sale are described and presented as accurately as possible. Nevertheless, a slight variation in the color of the product(s) does not engage the responsibility of La Société and does not affect the validity of the sale. 
    • Customers select the product(s) they wish to purchase, and can access the Order summary at any time.
    • The Order summary lists the product(s) selected by the Customer, and includes any additional costs, such as delivery charges, which are added to the price of the product(s) in the Order. The Customer may modify the Order, add a "Note" in the box provided, and correct any errors before accepting the Order.
    • After accessing the Order summary, the Customer confirms acceptance of the Order by ticking the GTS validation box, then clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar unambiguous wording appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order. 
    • Once the General Terms and Conditions have been accepted and the Order has been validated with the obligation to pay, the contract is validly concluded between the Company and the Customer and irrevocably binds them.
    • Once the Order has been validated, and in order to proceed with payment, the Customer enters the contact details for delivery of the product(s) ordered, and for invoicing if these are different. The delivery process for the product(s) ordered is described in these GCS. 
    • The Company will then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the delivery and, where applicable, billing addresses entered. 
    • After validating the delivery details and, where applicable, the billing details, the Customer pays for the Order in accordance with the terms and conditions set out below. 

     

    ORDER PRICE AND PAYMENT TERMS

    • Prices are given on the Site in the product descriptions, in euros, exclusive of tax and inclusive of all taxes.
    • The total amount is indicated in the Order summary, before the Customer accepts these GCS, validates his/her Order, enters and validates his/her delivery and, if applicable, billing details, and proceeds to payment. This total amount is indicated inclusive of all taxes.
    • Orders for products placed on the Site are payable in euros. Payment must be made in full on the day the Order is placed by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the Company.  
    • In the case of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the total confidentiality of the Customer's banking information. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored by the Company.
    • The Customer guarantees the Company that he/she has the necessary authorizations to use the method of payment when placing the Order.
    • The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

     

    DELIVERY

    • The product(s) offered on the Site can be delivered to Metropolitan France as well as EU member states and countries listed when selecting delivery. 
    • The Company undertakes to deliver the product(s) within the time indicated on the product sheet, starting two working days after the Order date. 
    • When the Order is ready, the Customer is informed by e-mail of its dispatch. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing the Order in these GTCS. 
    • The Customer must ensure that the information communicated in these GCS is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an e-mail to the Customer Service e-mail address without delay. Failing this, in the event of late and/or incorrect delivery, the Customer may under no circumstances hold the Company liable for non-delivery, and the Company's Customer Service Department will contact the Customer to arrange a second delivery at the Customer's expense. 
    • The Company will not be held responsible if the non-receipt of the products is due to a third party outside its intervention or in case of theft.
    • Customers can track the delivery of their Orders by contacting Customer Service.
    CUSTOMER SERVICE
    • For any request for information, clarification or complaint, the Customer must first contact the Company's Customer Service Department, to enable the latter to attempt to find a solution to the problem. 
    • La Société's Customer Service can be reached from 10 a.m. to 6 p.m. using the following contact details:

    Email: contact@parcoeur-paris.com

    mail: 58 rue des Tournelles, 75003 Paris, France

       

      GUARANTEES LEGAL AND COMMERCIAL

      All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee against hidden defects provided by articles 1641 and 1648, first paragraph, of the French Civil Code:

      Article L.217-4 of the French Consumer Code:"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

      He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".

       

      Article L.217-5 of the French Consumer Code:"The goods conform to the contract:

      1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

      - if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

      - it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

      2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter"..

      Article L.217-12 of the French Consumer Code:"Action resulting from a lack of conformity is barred after two years from delivery of the goods.

       Article 1641 of the French Civil Code:"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".

      Article 1648 of the French Civil Code, first paragraph:"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".

      If a Customer believes they have received a product that they consider defective or non-compliant, they must contact the Company as soon as possible after receiving the Order at the following email address: contact@parcoeur-paris.com, or by certified mail with return receipt requested to the following address: 58 rue des Tournelles 75003 Paris, France, specifying the defect or non-conformity in question.

      It is the Customer's responsibility to provide full justification of any apparent defects and/or anomalies. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.

      If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the product of which the Company would have been led to note the lack of conformity, or the defectiveness. 

      In the event that it is impossible to exchange the product, the Company will be obliged to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made at the Company's discretion by crediting the Customer's bank account. The Customer may opt for a different method of reimbursement.  

      Par Ailleurs does not accept returns or exchanges of "personalized" products.

       

      CUSTOMER OBLIGATIONS

      • The Customer agrees to abide by the terms of these GTC. 
      • The Customer undertakes to use the Site in accordance with the Company's instructions. 
      • The Customer agrees to use the Site solely for personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from: 
      • Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
      • To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in customer-readable form, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
      • Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionality of the Site.
      • To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
      • Infringe the Company's intellectual property rights and/or resell or attempt to resell the products to third parties.
      • To disparage the Site and/or the products as well as the Company on social networks and any other means of communication.

       

      • If, for any reason whatsoever, the Company considers that the Customer is in breach of these GTC, the Company may, at any time and at its sole discretion, remove the Customer's access to the Site and take any measures, including civil and criminal legal action, against the Customer.

       

      RIGHT OFRETURN

       

      • In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify his decision or pay a penalty, except for personalized products.

      •  To exercise their right to cancel the Order, the Customer must notify the Company of their decision to cancel by means of an unambiguous statement, without providing any justification. The Customer may communicate their decision to cancel to the Company by any means, including by sending a letter to the Company at the following address: 58 rue des Tournelles, 75003 Paris, France, or by email to contact@parcoeur-paris.com. 
      • In the event that the Customer notifies the Company of his/her decision to withdraw, by whatever means, the Company will immediately send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail). 
      •  The Customer must return the product(s) in the same condition in which he/she received them, unworn and unwashed, with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from the present contract, to the following address: 58 rue des Tournelles, 75003 Paris, France. In accordance with the law, the Customer shall bear the cost of returning the product(s). 
      • In the event of the Customer's retraction, the Company will reimburse the Customer for the product(s) which was (were) the subject of the right of retraction, using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. Refunds will be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer's decision to withdraw from the Order. 
      • In accordance with article L.221-23 of the French Consumer Code, the Customer is hereby informed that the Company shall only be held liable for any depreciation in value of the product(s) returned following the exercise of the right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s).

       

      RESPONSABILITÉ

      • The Company takes all appropriate measures to ensure that the Customer is supplied with quality product(s) under optimum conditions. However, the Company may not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which may be attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, should the Company be held liable, it may under no circumstances agree to compensate the Customer for indirect damage, or damage whose existence and/or quantum is not established by evidence. 
      • The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present on or obtained through these sites. 
      • The establishment of such links or reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or tacit endorsement by the Company of such sites and elements or their content. 
      • The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising, product(s) and other information disseminated on these websites. 
      • It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, in the event that the Customer's computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail. 
      • The Customer is fully aware of the provisions of the present article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.

       

      SAFETY

      The Customer undertakes not to undermine the security of the Site. To this end, the Customer undertakes not to access and/or maintain the Company's information system fraudulently. Nor may the Customer damage or hinder the Company's information system. Should the Customer fail to do so, the Company may take any measures against him/her, including incurring criminal liability under articles 323-1 et seq. of the French Penal Code.

       

       OWNERSHIPINTELLECTUAL

      • All elements of this Site and the Site itself are protected by copyright, trademark law, design rights and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide. 
      • The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company. 
      • No title or right whatsoever in any element or software shall be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the materials and software contained herein, nor from selling or participating in any sale in connection with this Site, the materials on this Site or any software related thereto. 
      • The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site. 
      • Any use by the Customer of company names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the Company's express prior consent.

       

      NEWSLETTER 

      • By ticking the appropriate box or expressly agreeing to this, the Customer accepts that the Company may send the Customer, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to the Company's activity. 
      • When the Customer ticks the box provided for this purpose in the Site registration process to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered. 
      • Customers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

       

      APPLICABLE LAW AND JURISDICTION

      • These GTC shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws. 
      • In the event of a dispute arising out of or in connection with the interpretation and/or performance of these GTS, the Customer may decide to submit the dispute with the Company to conventional mediation or any other alternative dispute resolution procedure.
      • The customer may visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/. 
      • If this mediation procedure fails, or if the Customer wishes to take the matter to court, the rules of the French Code of Civil Procedure will apply.