Terms of Sales
TERMS OF SALES
Date of last update: 01/06/2023
Article 1 – LEGAL NOTICES
This site, accessible at the URL www.panastore.fr (the “Site”), is the property of:
PANAVISION simplified joint stock company with capital of ??? € euros, registered with the RCS of ??? under the number ??? , whose head office is located at ??? , represented by ??? duly authorized, (hereinafter the “Operator”)
The Operator's individual VAT number is: ???
The Operator can be reached at the following email address firstname.lastname@example.org
The Site is hosted by the company Shopify located at 150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4 , Canada.
The Director of publication of the Site is ??? .
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
2.1: Scope of application of the general conditions of sale
These general conditions of sale (hereinafter referred to as “General Conditions of Sale” or “CGV”) are applicable to purchases made remotely by the consumer customer (hereinafter referred to as “the Customer”) from the Operator, by through the Site.
The sales offer proposed by the Operator on the Site:
- is intended exclusively for customers with the capacity to contract and acting as a consumer, that is to say any natural person who acts solely for the satisfaction of their personal needs,
- relates to sales whose delivery takes place exclusively in mainland France, Corsica, DROM COM and on the territory of the European Union.
By placing an order on the Site, the Customer declares to meet the conditions mentioned above and in particular not to make purchases on the Site with the aim of reselling them in the usual way or as part of a professional activity.
2.2: Acceptance of the General Terms and Conditions
Any sale of product(s) carried out on the Site by the Operator to the Customer is exclusively governed by the General Terms and Conditions.
Consequently, the fact of the Customer placing an order implies his unreserved acceptance and full acceptance of the General Terms and Conditions which take precedence over any other document. As such, the Customer declares to have read and accepted the General Terms and Conditions before placing their order.
The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated on simple request by any means.
The applicable General Terms and Conditions are those in force on the day the order is placed.
Prior to any order confirmation, the Customer reads and can download and keep the General Terms and Conditions. The Customer accepts the General Terms and Conditions by checking a box or clicking on the button provided for this purpose.
The fact that the Operator does not avail itself at a given moment of any of the stipulations of the General Conditions of Sale or of the terms of the order relating to the operation and as validated by the Operator cannot be interpreted as a waiver of the Operator to subsequently avail himself of said terms or provisions.
If one of the clauses of the General Conditions of Sale is found to be void or canceled, the other clauses will not be canceled.
Article 3 – PRODUCT DESCRIPTION
The Site is an online sales site for textile accessories (hereinafter the “ Product(s) ”).
In accordance with article L 111-1 of the Consumer Code, the Customer can, prior to his order, take note of the characteristics of the products he wishes to order.
The Customer is required to refer to the description of each product in order to know its essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.
The Products comply with the requirements of applicable law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CUSTOMER IDENTIFICATION
To place an order on the Site, the Customer must first identify himself. He can :
- either complete the registration form which will allow them to create a customer account from which they can place an order,
- or complete the form relating to the direct order.
4.1: Creation of a customer account
The Customer has the possibility of creating his personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of the General Terms and Conditions. Each Client undertakes to maintain strict confidentiality regarding data, in particular username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for access to their personal account through of his username and password, unless proven fraud. Each Customer further undertakes to immediately inform the Operator in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.
After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.
The Customer undertakes when registering to:
- deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
- maintain registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.
The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
In the event of failure by the Client to comply with one of the provisions herein, the Operator reserves the right to close said Client's account without notice.
4.2 Direct order
The Customer has the possibility of placing an order on the Site without creating a customer account.
To do this, the Customer must complete the form provided when validating their basket. The information requested by the Operator is strictly necessary to process the Customer's order.
Article 5 – ORDERS
The Operator strives to guarantee optimal availability of its Products. The offers and prices appearing on the Site are valid as long as they are visible on the Site, while stocks last.
If, despite the Operator's best efforts, a Product proves to be unavailable, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the amounts already paid.
To place an order, the Customer must:
- select the chosen Products,
- add them to your basket indicating the selected Products and the desired quantities,
- check the details of your order and its total price. He can, if necessary, return to previous pages to correct the contents of his basket.
- validate your basket.
- read the General Terms and Conditions and indicate your acceptance by checking the box provided for this purpose.
- choose the payment method and confirm your commitment by clicking on “Pay”.
The Customer undertakes to read the General Conditions of Sale then in force before placing an order. Confirmation of the order entails acceptance of the General Terms and Conditions.
Upon receipt of this order, the Operator carries out checks prior to validation of the order and in particular the effectiveness of payment for the order.
The order thus verified will be followed by a confirmation email – which materializes the registration by the Operator of the order – recalling the content of the order, the applicable General Terms and Conditions as well as, where applicable, the conditions, deadlines and terms of the right of withdrawal and reimbursement terms.
The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available in the order confirmation email. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer in the context of an order will be sent to the email address that the Customer used to place his order.
Orders require the Customer to pay for them, so they are only final once confirmed by payment of the price, and where applicable by confirmation from the payment center and recording of full payment for the order.
The Operator reserves the right not to follow up on the order placed by the Customer for any legitimate reason, in particular:
- In the event that the Customer does not comply with the General Terms and Conditions in force at the time of his order.
- If one of the Customer's previous orders is the subject of a dispute currently being processed.
- In the event of order(s) exceeding, by their content or frequency, the needs of an individual and more generally in the case of abnormal request or bad faith from the Customer.
- In the event of information from the banking organization in charge by the Operator of managing payment of the order stating the impossibility of implementing the payment method used for payment of the order.
- And more generally in the case of legitimate reasons as provided for by article L 121–11 of the Consumer Code.
Any order modification by the Customer after confirmation of his order is subject to the prior written agreement of the Operator.
The information communicated by the Customer when placing the order, in particular the name and delivery address, is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error by the Customer when placing the order prevents or delays delivery.
Article 6 – PRICE – PAYMENT TERMS AND SECURITY
The price of the Products in effect at the time of the order is indicated on the Site, in Euros, all taxes included (TTC).
The price of the Products does not include any delivery costs. The Customer is informed of any delivery costs applicable to his order before final validation of his order and payment of the price.
The total amount owed by the Customer and its details are indicated on the order confirmation page.
Payment is made in cash, online.
Orders can be paid using one of the following payment methods:
- Payment by credit card. The Operator uses the Mollie online payment solution . Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the amounts due will result in the sale being void.
The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (type “Paypal”). The Client already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for their order in complete security without providing their bank details.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.
Article 7 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until full payment of their price in principal, interest and accessories.
This stipulation does not prevent payment upon order and the transfer of risks of loss or deterioration of the Products upon delivery.
Article 8 – SHIPPING AND DELIVERY
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers the following delivery methods:
- Colissimo - Classic delivery
- Chronopost C13 - Express Delivery
Delivery costs are specified to the Customer when ordering and are accepted by the latter when validating the order .
Delivery times vary depending on the delivery option chosen by the Customer, and are indicated to them when ordering.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.
The Customer undertakes to provide real, accurate, up-to-date information at the time of entry into the form dedicated to contact details and delivery address.
The Operator undertakes to ship the Products in accordance with the deadlines announced when ordering, subject to effective payment of the order.
However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.
In the absence of delivery within the agreed period, and at the latest within thirty days after the order is recorded by the Operator, the Customer may resolve his order by registered return letter to the address mentioned in the article 10 of the General Conditions of Sale, or in writing on another durable medium, if after having ordered the Operator in the same manner to comply within a reasonable additional period, the latter has not made delivery within this period, in accordance with in article L. 216-2 of the Consumer Code.
The order is considered canceled upon receipt by the Operator of the letter or writing informing it of this cancellation unless the Operator has complied in the meantime.
When the order has been resolved by the Customer, the Operator will reimburse the Product(s) ordered by the Customer within a maximum period of fourteen days in accordance with the provisions of article L.216-3 of the Consumer Code.
Upon delivery, the Customer, or the third party designated by him, may be asked to sign a receipt.
No delivery will be made to a PO box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.
Article 9 – RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) days to exercise his right of withdrawal, without having to give reasons for his decision.
The Customer has fourteen (14) days to do so from the date of receipt of the Product by himself or a third party designated by him (other than the carrier).
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the Customer may send:
- either the standard withdrawal form attached to the General Terms and Conditions, duly completed;
- or any other declaration, unambiguous, expressing its desire to withdraw, specifying the number of the order concerned.
The Customer is invited to generate a return label from their customer area or to contact customer service indicating their wish to return part or all of their order to email@example.com
Return costs are the responsibility of the operator, however initial shipping costs are not refundable.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also have the return slip printed and stuck to an exterior part of the package.
The package with the returned product and the return slip affixed to it will be given to La Poste which will take care of the delivery to the Operator's warehouse.
The Operator will reimburse the Customer for all amounts paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to retract.
The Operator may defer reimbursement until recovery of the goods or until the Customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator.
By accepting the General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
Returns and refunds in store :
A purchase made on the site can be returned within 14 days for an exchange or refund. The refund or exchange will be made subject to inspection of the products which must be complete and resalable as is.
Article 10 – CUSTOMER SERVICE
For any information, request for information or complaint, the Customer can contact the Operator according to the following methods, indicating his name, telephone number, the subject of his request and the number of the order concerned:
- by email to firstname.lastname@example.org
- to the following address : ???
Article 11 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of the Operator case by case.
The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 12 – LIABILITY AND GUARANTEE
12.1 Responsibility of the Operator
The Operator cannot be held responsible for the non-performance or delay in the execution of the contract due to the Customer or due to an event constituting a fortuitous event or force majeure within the meaning of article 1218 of the Civil Code such as, without this list being exhaustive: natural disasters, fires, epidemics, pandemics, large-scale social movements, acts of the prince, internal or external strikes, fortuitous breakdowns, shortages, war, etc.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.
The Operator cannot be held responsible for the use that may be made of the Site and its services by Customers in violation of the General Conditions of Sale and for any direct or indirect damage that this use could cause to a Customer or a third party. . In particular, the Operator cannot be held responsible for false declarations made by a Customer.
The Operator is responsible for any lack of conformity and hidden defects in the item sold under the conditions provided for respectively in articles L 217-4 et seq. of the Consumer Code and articles 1641 et seq. of the Civil Code.
The Customer is informed that the seller guaranteeing the conformity of the goods sold is the Operator.
12.2.1 Legal guarantee of conformity
When acting as a legal guarantee of conformity, the Customer:
- benefits from a period of two (2) years from the delivery of the property to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
12.2.2 Guarantee relating to defects in the item sold
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and in this case, he may choose between canceling the sale or reducing the sale price. in accordance with article 1644 of the Civil Code.
Upon receipt of his order, the Customer must ensure that the products delivered comply in all respects with his order.
Otherwise, the Customer must inform the Operator's customer service (see article 10) by registered letter with acknowledgment of receipt within a maximum period of [ 48] hours following receipt of the product(s) concerned.
Please note that the search for amicable solutions prior to possible legal action does not interrupt the time limits for legal guarantees or the duration of any possible contractual guarantee.
Products covered by the guarantees must be returned complete and in their original condition and packaging and with the return slip affixed to the package after receipt and confirmation of the complaint by the Operator's customer service.
ARTICLE 13 – AFTER-SALES SERVICE
Any after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
ARTICLE 14 – PERSONAL DATA
For more information regarding the use and processing of personal data by the Operator, please carefully read the Privacy Charter (the “ Charter ”). You can consult this Charter at any time on the Site.
Article 15 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever due to these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to notify it of any hypertext link present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.
The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 16 – GENERAL PROVISIONS
16.1 ENTIRE AGREEMENT OF THE PARTIES
The General Conditions of Sale constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Client and the Operator relating to their subject matter.
16.2 CHANGES TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the General Terms and Conditions. The Customer is therefore required to refer to the General Conditions of Sale before using the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print the General Conditions of Sale for safe and lasting storage, and to thus be able to refer to them at any time during the execution of the contract if necessary.
16.3 COMPLAINT – MEDIATION
In the event of a dispute, the Customer must contact the Operator as a priority, in order to find an amicable solution, by email to the address: email@example.com
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the Client is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of disputes by extrajudicial means. online between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .
16.4 APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
16.5 COMPETENT JURISDICTION
In the absence of an amicable outcome and whatever the origin of the dispute, it will fall under the jurisdiction of the competent French courts, in application of the rules of common law.