General terms and conditions of sale
General terms and conditions for the sale of online services.
These general terms and conditions of sale apply to all services concluded on the website http://www.yvescastaldi.paris/.
The website http://www.yvescastaldi.paris/ is a service of:
– the company: Paris International Fashion
– located at : 22 Ter Boulevard du Général Leclerc
– URL address of the site: http://www.yvescastaldi.paris/
– e-mail address: firstname.lastname@example.org
– telephone: 01 42 42 64 10 01
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general terms and conditions of sale.
Article 1 – Content and scope
These general terms and conditions of sale shall automatically apply to the following services: Sale of ready-to-wear products, for women and men.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels.
The sale is deemed to have been concluded on the date of acceptance of the order or on the immediate purchase by the seller.
Any immediate order or purchase implies unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those expressly accepted by the seller.
The buyer declares that he has read these general terms and conditions of sale and accepted them before his immediate purchase or placing his order.
Article 2 – Pre-contractual information
Prior to the immediate purchase or placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information shall be provided to the buyer in a clear and understandable manner:
– the essential characteristics of the service;
– the price of the service or the method of calculating the price and, where applicable, any additional transport, delivery or postage costs and any other charges;
– the date or time limit by which the service provider undertakes to perform the service, regardless of its price, and any other contractual conditions;
– information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities;
– the procedures for handling complaints;
– the duration of the contract, when it is concluded for a fixed period, or the conditions of its termination in the case of a permanent contract;
– with regard to digital content, any relevant interoperability of such content with certain hardware or software of which the trader has or ought reasonably to have knowledge.
The service provider must also provide the buyer with, or make available to him, the following information:
– status and legal form, contact details for quick contact and direct communication with him/her;
– where applicable, the registration number in the Trade and Companies Register or the Trade Register;
– for activities subject to an authorisation scheme, the name and address of the authority which issued it;
– for the service provider subject to value added tax and identified by an individual number pursuant to Article 286b of the General Tax Code, his individual identification number;
– for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which he was granted and the name of the professional order or body with which he is registered;
– any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor and the geographical coverage of the contract or commitment.
Article 3 – Order
By order, it is meant any order relating to the services appearing on the seller’s prices, and accepted by him, accompanied by the payment of any deposit provided for on the order form.
To be valid, all orders must be established on the seller’s order forms, available to customers in its stores.
Any order received by the seller is considered firm and definitive.
It implies full and complete acceptance and acceptance of these general terms and conditions of sale and obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, unless otherwise provided by Article L. 211-28 of the Consumer Code.
Article 4 – Quotation
For services giving rise to the establishment of a preliminary estimate, the sale will only be considered final after an estimate has been established by the service provider and the confirmation of acceptance of the order has been sent to the buyer.
The estimates drawn up by the service provider are valid for 8 days.
Article 5 – Performance of the service and termination of the contract
Unless there are specific specific conditions specific to the sale, the performance of the service will be carried out within 2 days from the receipt by the seller of a valid order.
In the event of the seller’s failure to fulfil his obligation to perform on the date or at the end of the period provided for above, or, failing this, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed the trader, in the same way, to provide the service within a reasonable additional period, the trader has not performed within that period.
The contract shall be considered terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has since performed.
Nevertheless, the buyer may immediately terminate the contract if the trader refuses to provide the service or if he fails to perform his obligation to provide the service on the scheduled date, if that date or period constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any refund.
Article 6 – Withdrawal period and refund
The buyer has a right of withdrawal of 14 days from the conclusion of the contract.
The professional must reimburse the buyer for all sums paid, at the latest within 14 days from the date on which he is informed of the buyer’s decision to withdraw (C. consom., art. L. 221-24), unless there is a justified delay.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the buyer, the sums due are automatically increased:
– the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
– by 5% if the delay is between 10 and 20 days,
– by 10% if the delay is between 20 and 30 days,
– by 20% if the delay is between 30 and 60 days,
– by 50% between 60 and 90 days,
– and five additional points for each additional month of delay up to the product price and then the legal interest rate.
Article 7 – Prices
The prices are firm and definitive. Unless there are specific conditions specific to the sale, the prices of the services provided are those listed in the price catalogue on the day of the order.
They are expressed in legal currency and stipulated inclusive of all taxes.
Article 8 – Payment
Unless other terms and conditions are expressly provided for in the special conditions, payment of the price is made in cash with the order. No order can be taken into account unless full payment is received by this date.
Payments made by the buyer will only be considered final after the actual collection of the sums due by the service provider.
An invoice will be issued to the buyer upon request.
Article 9 – Guarantees – General
9-1 Legal guarantee of compliance
Yves Castaldi Paris is the guarantor of the conformity of the property sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the property to act;
– the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of the non-conformity of the goods during the 24 months following delivery of the goods in the case of new goods (6 months in the case of second-hand goods).
9-2 Legal guarantee for hidden defects
In accordance with articles 1641 et seq. of the French Civil Code, Yves Castaldi Paris is the guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are likely to render the goods unfit for the use for which they are intended. This warranty must be implemented within two years of the discovery of the defect.
The buyer may choose between cancelling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 10 – Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Yves Castaldi Paris, the sole owner of the intellectual property rights to these documents, and must be returned to him at his request.
Customer buyers undertake not to make any use of these documents likely to infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 11 – Competent jurisdiction
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
For the definition of the competent jurisdiction, the seller chooses 22 Ter Boulevard du Général Leclerc as his domicile.
Article 12 – Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
Article 13 – Mediation
In the event of a dispute, the contact details of the mediator to whom the consumer can turn are as follows: , , , .
Article 14 – Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes up to €10,000 or the district court for disputes over €10,000.
This is the case for both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 15 – Protection of personal data
Data collected :
The personal data collected on this site are as follows:
– account opening: when creating the user’s account, his name; first name; e-mail address; telephone number; postal address;
– connection: when the user connects to the website, he/she records, in particular, his/her surname, first name, connection data, use, location and payment data;
– profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;
– payment: as part of the payment of products and services offered on the website, it records financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, data concerning the user’s communications are temporarily stored;
– cookies: cookies are used when using the site. The user has the possibility to disable cookies from his browser settings.
Use of personal data
The purpose of the personal data collected from users is to make the website services available, improve them and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– proposal to the user of the possibility to communicate with other users of the website;
– implementation of user assistance;
– customization of services by displaying ads based on the user’s browsing history, according to their preferences;
– fraud prevention and detection, malware (malicious software) and security incident management;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in contact with third party banking and financial companies with which it has concluded contracts;
– when the user publishes publicly accessible information in the free comment areas of the website;
– when the user authorizes the website of a third party to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to pursue claims against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical measures in terms of digital security to protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: email@example.com
– The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
– The right of rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
– The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
– The right to limit processing: users may ask the website to limit the processing of personal data in accordance with the assumptions set out in the DSMP.
– The right to object to the processing of data: users may object to the processing of their data in accordance with the assumptions laid down in the DGPS.
– The right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.
Evolution of this clause
(to be completed by the consumer,
and to be sent by registered letter with acknowledgement of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
To the attention of:
Yves Castaldi, Paris,
located at 22 Ter Boulevard du Général Leclerc,
telephone number: ,
e-mail address: firstname.lastname@example.org.
I hereby notify you of my withdrawal from the contract for the provision of the service, ordered on: …………..
First and last name of the consumer:………………………
Consumer address: ………………………….
Signature of the consumer