GENERAL CONDITIONS OF SALE
We are pleased to welcome you to our website collection-paloma.com (hereinafter referred to as the "Site").
These General Conditions of Sale exclusively govern the sale of products offered on the Site. They are accessible at any time on the Site, the Customer must declare to have read them and to have taken cognizance of them at the time of the registration of the order.
Consequently, placing an order implies full and unreserved acceptance by the Customer of these General Terms and Conditions of Sale.
Any contrary condition set by the Customer will therefore, in the absence of express and prior acceptance, be unenforceable against Collection Paloma LTD regardless of when it may have been brought to its attention. The fact that Collection Paloma LTD does not avail itself at any given time of any of these General Conditions of Sale, cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
Collection Paloma LTD strives 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 were to be lacking, it would be considered to be governed by the French customs and laws in force with regard to distance selling. The possible nullity of one of the clauses of the General Conditions of Sale does not entail the nullity of the General Conditions of Sale as a whole, only the clause being deemed unwritten losing its effect.
Paloma LTD Collection, VAT 516212834
With headquarters at Rua Garcia de Orta 71C, Loja 17, 1200-678, Lisboa, Portugal.
Collection Paloma LTD operates the Collection Paloma brand and is identified in these General Terms and Conditions of Sale under the name Paloma.
Director of publication : Maylis de Maistre
151 O'Connor Street
Ottawa, Ontario K2P 2L8
For any information, question or advice, our Customer Service is at your disposal:
- Mail: Paloma Collection SAV
Rua Garcia de Orta 71C
- Email: email@example.com
Article 1: object
These conditions govern the sale of Paloma "ready-to-wear" items presented on the Site by the company Paloma Collection LTD, a Portuguese limited company, CAE: 46421, NIF 516212834, whose head office is located at Rua Garcia de Orta 71C, Loja 17, 1200-678, Lisboa, Portugal (hereinafter referred to as "Paloma") to all non-commercial and adult natural persons exclusively (hereinafter referred to as the "Client").
Article 2. Products
2.1 Product characteristics
The products offered for sale online are those presented on the Site. They are described and reproduced by Paloma on the Site with the greatest possible accuracy. The information communicated on the product sheet mentions in particular the essential characteristics of the products (colour, description, composition, maintenance, dimensions), their price including VAT (all taxes included).
However, Paloma draws the Customer's attention to the fact that the photographs cannot ensure a perfect similarity with the product offered for sale, in particular with regard to the colors, but also with regard to the rendering of the product on the Customer. .
The differences may result from the color quality of the photographs, the difficulty of displaying the rendering of the materials on the screen or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as lack of conformity and lead to the cancellation of the sale.
In the event of manifest error or insignificant omission between the characteristics of the product and its representation and/or its description, Paloma cannot be held liable.
The product offers and prices (unless the provisions of article 3 of these General Conditions of Sale apply) appearing on the Site are valid as long as they appear on the Site, within the limits of available stocks.
2.2 Product Availability
The products are offered for sale within the limits of available stocks, subject to any variation in stock. Only the products appearing on the Site on the day of its consultation by the Customer are offered for sale.
Thus, when placing an order, the availability of the selected Product is confirmed by the Site.
In case of unavailability of a product due to a change in stock, Paloma will inform the Customer as soon as possible by e-mail and will indicate to him, if necessary, the estimated waiting time for the delivery of the product. The Customer may confirm his order or request reimbursement of the product on the basis of the price invoiced.
- Preparation and delivery costs will be reimbursed to the Customer if the latter confirms the cancellation of the entire order.
- The preparation and delivery costs will remain the responsibility of the Customer if the latter confirms the delivery of one or more other available products forming part of the same order.
2.3 Wrinkle Free Second Life Alteration Service
Paloma offers the possibility of returning a product for retouching in order to continue using it after pregnancy.
This service is only available in France and Europe (excluding Switzerland and the UK).
Paloma only offers as an option for retouching, the possibility of removing the gathers from the products. This option applies to the entire collection, except for the Andrea pants.
The process to follow is as follows:
Download and complete the alteration slip found here .
Return the item concerned and the return slip to the following address (shipping costs are the responsibility of the customer):
Rua Prior do Crato 45
Paloma Collection will take care of the alterations and return the product within 10 days at its expense.
This option is also available for non-pregnant women who wish to order Paloma Collection products without gathers. In this case, returns of retouched items are no longer possible.
Article 3. Price
The prices are indicated in euros (€) including VAT, all taxes included including VAT and excluding preparation and delivery costs which vary according to the country 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 passed on to the price of the items. The fixed amount of participation in the costs of preparation and delivery is communicated to the Customer on the correct summary of the order, and this, before validation of the latter.
Any order implies acceptance of the prices and description of the products available for sale.
At any time, Paloma reserves the right to modify the prices and descriptions of the products and in particular in the event of an increase in the taxes applicable to sales and in particular the rate of VAT, and/or in the event of a typographical error or obvious entry.
However, the products will be invoiced on the basis of the prices in force at the time of registration of the order, unless there is an obvious error.
Indeed, despite Paloma's vigilance, it is possible that price errors may occur on the Site, for whatever reason (computer bug, manual error, technical error, etc.). If orders have been placed at erroneous or obviously ridiculous prices (vile prices), or if unjustified reductions are wrongly applied, the orders will be cancelled, even if they had been validated. Paloma will then inform each of its Customers concerned as soon as possible, so that they are able, if they so wish, to place their order again at the corrected and exact price.
Article 4. Order
4.1 Customer number
All Customers must fill in the fields offered to them, to create their Customer profile and obtain their connection identifiers, these are strictly personal.
Any loss or forgetting of these identifiers must be reported to Paloma without delay by contacting Web Customer Service.
To place an order, the Customer must complete a registration form and in particular complete the information necessary for his identification:
- Valid email address and password of his choice (confidential and personal) for the identification of the Customer on the Site,
- personal data marked with an asterisk, mandatory and necessary for the processing of invoices and the delivery of orders.
It is important that the Customer completes the form as accurately as possible in order to avoid any error or incidence in the dispatch of the item(s) ordered. The data recorded on this Site is exclusively intended for Paloma.
4.2 Registration of the order
Any Customer who wishes to place an Order selects the Product(s) of his choice by clicking on "Add to basket" or any equivalent section. At the end of this step, and after having clicked on "Finish my purchases" or any equivalent section, a summary page corresponding to the Order form appears on the screen, allowing the Customer to make any modifications then to validate by clicking on " Go to payment" or any equivalent section.
To access the validation of the order, the Customer must read the General Conditions of Sale and expressly accept them by ticking the box provided for this purpose.
4.3 Validation of the order
The Purchasing Customer guarantees to Paloma that he has the necessary authorizations to use the method of payment he has chosen for his order, when registering the order. The Customer, by validating his shopping cart, the summary Order form and accepting the General Conditions of Sale, gives his consent to proceed to the validation stage of the order through payment. The price owed by the Customer is the amount indicated on the summary order form which the Customer has read before validating his order. This validation implies express acceptance of all operations carried out on the Site.
Any order placed on the Site is settled exclusively online via one of the following bank cards: CB, Visa, Mastercard as well as all the cards declined from these in the other countries concerned.
The order is only taken into account after entering the credit card number, its expiry date and the cryptogram number (3-digit number on the back of the credit card) for payment. This payment is subject to final validation by the bank card GIE.
In all cases, the online provision of the bank card number and the final validation of the order will be worth proof of the entirety of the order in accordance with the provisions of the law of March 13, 2000 and will be worth due for payment of the sums committed by the seizure of the items listed on the purchase order. This validation is worth signature and express acceptance of all the operations carried out on the Site. However, in the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is observed, to immediately contact Paloma Customer Service.
4.4 Payment security
Paloma uses the STRIPE secure payment service which incorporates the SSL security standard. Confidential data (card number, expiration date) is transmitted encoded directly to the STRIPE server and is never transmitted to our server.
The STRIPE server is itself directly connected to the servers of the banks in each country concerned.
4.5 Order acknowledgment
The final validation of the Order occurs after validation of the payment.
An email confirming the Order and the payment will be sent to the Customer confirming his registration with a summary of all the information already communicated and the General Conditions of Sale.
4.6 Order tracking
Details and tracking of the delivery of each order can be viewed at any time on the Site, in "My Account" after the Customer has identified himself with his email address and password.
Article 5. Delivery
Except in cases of force majeure or unforeseeable and insurmountable events, the delivery times will be those indicated below and run from the date of confirmation of the order. They are communicated to the Customer before any validation of the order and payment. It is therefore the Customer's responsibility to choose the country of delivery and its mode of delivery when this is offered to him.
Paloma takes every precaution to ensure that its packages arrive in perfect condition. That said, the Customer is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations on the carrier's delivery note, if any.
5.1 Methods of delivery:
The packages are delivered at your choice:
- by FEDEX to the Customer's home or to any other address of his choice (to be specified in the delivery form), subject to being in one of the countries listed in article 5.2.
- by express delivery with FEDEX to the Customer's home or to any other address of his choice (to be specified in the delivery form), subject to being in one of the countries listed in article 5.2.
- by Mondial Relay at the collection point selected by the Customer, subject to being in one of the countries listed in article 5.2.
Paloma processes packages from Monday to Friday. In general, all Orders are processed within 2 to 3 working days. The additional delays are those practiced by our transport partners. Generally, they do not exceed 10 days for Metropolitan France and Europe.
Please note that during certain periods (Sales, Private sales, etc.), processing times may be longer due to the large number of packages to be processed.
In general, Paloma takes all measures to ensure that its parcels are delivered within the times indicated, but in addition to the delays for which it may be responsible (which cannot exceed 72 hours except during periods of particular affluence), it is above all dependent third party companies in charge of delivery and therefore cannot guarantee the delivery date.
5.2 Delivery areas
Paloma delivers to you anywhere in the world.
For packages shipped outside the European Union (EU) and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.
The payment of these rights and sums is the full responsibility of the Customer, whatever the charge.
5.3 Delivery Times
All deliveries are made within approximately 10 days of the order date.
In the event of non-receipt of Products, the Customer must inform Paloma within a maximum period of 30 days from the date of the order. Indeed, the inquiries carried out with La Poste PORTUGAL CTT to know the routing of any package can last up to 30 days. Beyond 2 months, after the opening of a "complaint" file, requests for reimbursement can no longer be taken into account insofar as Paloma's banking agent only allows re-crediting of operations under a maximum period of 60 days.
Once re-credited, if the Customer ends up receiving the package, he must notify Paloma and proceed with its reshipment.
5.4 Delivery costs
France and Portugal: €12 including tax
Rest of the world: €25 incl. tax
Article 6. Right of Withdrawal / Refund for 15 (fifteen) days
6.1 Exercise of the Right of Withdrawal
In accordance with the law, the Customer has a right of withdrawal for a period of 15 (fifteen) days from receipt of his order, which he can exercise without having to justify his decision or to bear other costs than those necessary to return his order.
To exercise this right, the Customer is required to return a withdrawal form in the form of a declaration, unambiguous, expressing his wish to withdraw, accompanied by the Product(s). The Products must not have been worn or washed and must be returned in their original packaging and label, accompanied by the invoice or delivery note (the invoice is available on request from customer service: firstname.lastname@example.org ).
Attention: Items returned incomplete, damaged, damaged or soiled by the Customer are not taken back or refunded.
The withdrawal form can be returned by the Customer:
- By mail :
Paloma Collection After-sales service
Rua Garcia de Orta 71C, loja 17
- By email: email@example.com
6.2 Proposed return method:
The Customer returns the products ordered within 15 (fifteen) days following the communication of his decision to withdraw under the conditions defined in article 6.1 above.
Return costs are offered by Paloma Collection for orders placed in France and Portugal up to €12.
Returns from abroad are the responsibility of the Customer.
For any return request, please contact customer service by email: firstname.lastname@example.org.
Paloma will reimburse the Customer for the price of the returned products, within a maximum period of 30 (thirty) days following receipt of the products (unworn or washed, in their original packaging and label accompanied by the invoice) which gave rise to the Customer's withdrawal.
The Customer's bank account will be directly re-credited with the amount of the returned items thanks to the secure payment partner STRIPE.
Article 7. Complaint - Litigation
For any questions about an order, Paloma customer service is available to its Customers via the "Contact" section. In the event of a request or any difficulty, the Customer must enter his order number as well as the exact reason for his request.
Following the resolution of a dispute and if it is necessary to proceed with a refund, this is made directly to the bank account thanks to the secure payment partner STRIPE.
In the event of non-receipt of Products, the Customer must inform Paloma within a maximum period of 30 days from the date of the order. In fact, the inquiries carried out with La Poste Portugal CTT to find out the routing of any package can last up to 30 days. Beyond 2 months, after the opening of a "complaint" file, requests for reimbursement can no longer be taken into account insofar as Paloma's banking agent only allows re-crediting of operations under a maximum period of 60 days.
In the event that a dispute arises, the Customer will endeavor to settle the dispute amicably, directly with Paloma's Customer Service.
Article 8. Personal data
Paloma informs its Customers that by placing an order on the Site, the data recorded concerning them will be used by Paloma:
- for processing the order,
- in order to inform him of news and upcoming events by sending newsletters,
- and in order to propose commercial offers and contests.
When entering personal data on the Site and prior to their collection, any Customer has the option of accepting to receive information relating to the Articles of Paloma's partners. If the Client accepts, Paloma will communicate the personal data collected to its partners subject to the prior agreement of the Prospect / Client.
Article 9. Guarantee
The products offered comply with the French legislation in force. All Products benefit from the legal regime of the guarantee of conformity provided for in articles L211-4 and following of the Consumer Code, as well as the guarantee against hidden defects of articles 1641 and following of the Civil Code.
Under these guarantees, Paloma undertakes, at the Customer's option, to reimburse or exchange defective products or products that do not correspond to their order, subject to availability.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the registered office of Paloma.
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 Paloma's customer service.
The Customer will be reimbursed for the return postage no later than thirty days following receipt of the product by the seller.
Article 10. Liability
Despite the care taken on our site, the photographs and texts reproduced and illustrating the products presented, may sometimes contain errors. In the event of receipt of an item that does not conform to the one viewed on the Paloma site, the Customer may exchange and/or refund it in accordance with Article 8 of our General Terms and Conditions of Sale.
Paloma cannot be held responsible for the non-performance of the contract concluded in the event of:
- out of stock or unavailability of the product,
- disruption, total or partial strike in particular of postal services or means of transport and/or communications.
- floods, fires, any case of force majeure and any other event that is unforeseeable or independent of Paloma.
Hypertext links may refer to websites other than this Site. Paloma is not responsible for the content and operation of the sites linked to this Site, as well as damages of any kind that may be suffered by the Customer during a visit to these sites. Paloma cannot be held liable in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Paloma also declines all responsibility:
- for the impossibility of contacting Customer Service and/or accessing the Site.
- for non-substantial errors relating to the products,
- for any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site,
The use of this Site implies knowledge and acceptance by the customer and/or visitor of the characteristics and limits of the Internet and the technologies linked to it, the absence of protection of certain data against possible misappropriation or hacking and risks of contamination by any viruses circulating on the network. Paloma declines all responsibility in the event of misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection, and the sending of forms to an incorrect or incomplete address, any computer errors or defects found on the Site.
Article 11. Intellectual property
Use of the Site is reserved for strictly personal use.
In accordance with the laws governing intellectual property, this Site and all its components, such as sounds, images, graphics, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology but also trademarks, designs, models, logos, etc. found on this Site as well as their compilation are the exclusive property of Paloma or possibly of its suppliers and partners, the latter granting no license or any right other than that of consulting the Site.
Any total or partial reproduction, modification or use of any element of the site and in particular of the brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of the Paloma company, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype 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 will apply to all copyrights, designs and models, patents which are the property of the Paloma company.
Consequently, Paloma may take legal action, in particular for infringement, against anyone who, directly or indirectly, infringes its rights.
Paloma prohibits any affixing of a deep hypertext link to the Site or of a hypertext link that uses a transclusion technique. A user wishing to place on his personal website a simple link directly to the home page of the Site, must first request express authorization from Paloma.
Article 12. Duration
These conditions apply for the entire duration of the online publication of the products and services offered for sale by Paloma.
Article 13. Evidence
The computerized registers kept in the information systems of Paloma and its partners under reasonable conditions of security, will be considered as proof of communication, orders and payments made between Paloma and the Customer.
Article 14. Applicable law – Disputes
This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.