GENERAL TERMS AND CONDITIONS OF SALE AND USE

 

Updated to 03 December 2021

Free translation

Only the French version has contractual value

 

INTRODUCTION

 

The present terms of use and general conditions of sale (hereinafter the "GTC") apply exclusively between any user of the online sales site angelicpretty-paris.com (hereinafter the "Site") and the company Angelic Pretty Paris.

 

Angelic Pretty Paris is a simplified joint stock company with a capital of 37,000.00 euros, whose head office is located at 3 rue Saint Roch 75001 Paris, registered in the Paris Trade and Companies Register under number 819 388 570 (hereinafter "Angelic Pretty Paris" or the "Vendor"), with the following intra-community VAT number : FR64819388570, reachable at the following e-mail address :paris-web@angelicpretty.com, at the following telephone number 0973230059 (Non surcharged call, except possible cost according to operator).

 

Purchases of products offered for sale on the Site are reserved for non-commercial individuals of legal age and with full legal capacity and therefore not under guardianship or curatorship (hereinafter the "Customer").

 

The Customer undertakes to read these GTC carefully before using the Site. Placing an order on the Site implies the Customer's full and complete acceptance of these GTC, which he acknowledges having read.

 

ARTICLE 1. CUSTOMER ACCOUNT

Before placing an order on the Site, the Customer must create a customer account. To this end, he must fill in a form in the "My Account" section with information about himself, and he undertakes to provide accurate information and not to impersonate a third party or to change his age.

 

In particular, the Customer shall indicate his e-mail address and a password (comprising at least 5 characters) which he will use to identify himself on the Site at a later date. The identifier and password are personal and the Customer undertakes not to divulge them.

 

The Customer declares that all the information given is true and accurate.

 

The information and personal data provided by the Customer will be processed in accordance with the applicable data protection policy.

 

ARTICLE 2. PRICES

The prices of the products indicated on the Site are in euros, all taxes included and do not include the contribution to delivery costs, the amount of which is specified before the final validation of the order.

 

In case of price error, which can be due to a technical problem, Angelic Pretty Paris reserves the right not to accept the order.

 

The products remain the entire property of Angelic Pretty Paris until the complete payment of the price.

 

When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Client may have the effect of terminating the discount, when the number of items necessary for the application of this discount is no longer reached. The reimbursement made to the Customer will take into account, where applicable, the fact that the discount is no longer applicable and the difference will therefore be deducted from the amount reimbursed to the Customer for the items returned.

 

ARTICLE 3. PRODUCTS

 

The products governed by these general conditions are those which appear on the seller's website and which are indicated as being sold and shipped by the seller. They are offered within the limits of available stocks.

 

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.

 

The photographs of the products are not contractual.

 

The products offered for sale appear on the Site within the limits of their availability, and the offers remain valid as long as they are visible on the Site.

 

Angelic Pretty Paris reserves the right, at any time, to withdraw any product on sale on the Site.

 

 

 

ARTICLE 4. ORDERING

 

In order to place an order, the Customer must register or identify himself through his customer account and follow the online purchase process by adding the products to his basket. By going to the shopping cart page, the Customer can see the delivery methods and their cost, as well as the countries of delivery.

 

After validating the order and choosing the delivery method, the Customer must check the products ordered and read the GTC. Once they have clicked on "Pay my order", they are deemed to have accepted the GTC, the price of the products, the content of their order and their delivery address.

 

The Customer will also have the possibility of collecting their order in the "Click & Collect" shop, at 3 rue Saint Roch 75001 PARIS, knowing that the orders will be available within one month of the order being placed.

 

After payment, the Customer will receive an order confirmation email.

 

The order will be considered final:

after the Seller has sent the Customer acceptance of payment and order confirmation by e-mail

- and after the Seller received the full price

 

However, if a product is unavailable after the order has been validated, the Customer will be informed promptly by email and the missing product(s) will be automatically cancelled and refunded.

 

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

 

ARTICLE 5. PAYMENT

 

This is an order with a payment obligation, which means that the placing of the order implies payment by the Customer.

 

The articles can be paid for as follows:

 

The payment of the order can be made by credit, bank card (Carte Bleue, Visa, Mastercard or Maestro) or Paypal.

 

In case of payment by credit card, the debit is made at the time of validation of the order, after confirmation of the bank issuing the card. If the bank refuses, the order will be automatically cancelled.

 

In case of fraudulent use of his credit card, after having made opposition with his bank, the Customer is invited to contact Angelic Pretty Paris which will indicate him the procedure to follow:

 

- either by telephone on the following number: 09 73 23 00 59, from Monday to Saturday from 11:00 am to 7:00 pm

- or by e-mail : paris-web@angelicpretty.com

 

ARTICLE 6. DELIVERY

 

6.1 Country of delivery

The products for sale on the Site are delivered in the world where the Colissimo service of the French Post Office offers deliveries. This includes, but is not limited to, the countries listed below:

Mainland France, Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Israel, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Russia, Slovenia, Spain, Sweden, United Kingdom, United States...

 

For small items, they can be sent by recorded delivery, at the customer's choice.

 

 

6.2 Delivery time

Angelic Pretty Paris makes every effort to deliver the order as soon as possible. Orders and messages registered on the Site on Saturday from 1 pm or on Sunday will be processed only on the following Tuesday. Orders placed on the Site on a public holiday will be processed on the next working day.

 

From the moment the order is dispatched, the average delivery times are as follows:

- 2 to 5 working days by Colissimo for France;

- 5 to 10 working days for international Colissimo.

 

However, delivery may be delayed for reasons beyond the control of Angelic Pretty Paris. In this case, Angelic Pretty Paris commits to inform the Client of the situation.

 

The products are delivered to the address indicated by the Client at the time of the order, and the Client must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be resent at the Client's expense.

 

A delivery is deemed to have been made when the carrier's control system registers the delivery of the order/ package with the Customer.

 

If at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged).

 

6.3 Return of defective products

 

If the parcel is damaged or its content is not in conformity with the order, the Customer must Angelic Pretty Paris within fourteen (14) days following the reception of the products, in order to initiate the return of the products and to follow the return policy stipulated in article 7.2.

 

You must contact us immediately via the "contact us" link in the footer of the site and indicate the characteristics of the product and the nature of the defect with supporting images, as well as his wish to return or exchange it with an identical product.

 

The Customer must then return the products concerned within a maximum of 14 days from receipt of the order and advance the delivery costs. The Customer must choose a method of delivery with a tracking number and provide the Seller with the number and the invoice for the delivery costs.

 

If a defect, a damage, a non-conformity is proved by Angelic Pretty Paris, the order will be entirely refunded including the expenses of return of delivery and this according to the same method of payment as your purchases. If the Customer wishes an exchange with the same identical product, Angelic Pretty Paris will send back the new product at its own expenses according to the limit of available stock.

 

ARTICLE 7. RIGHT OF WITHDRAWAL

 

7.1 Exercising the right of withdrawal

In accordance with the provisions of the French Consumer Code, the Customer has a right of withdrawal of fourteen (14) working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.

 

Any retraction of an order must be notified

- either by email to paris-web@angelicpretty.com

- or by completing the withdrawal form available in the Customer account, under the heading "Order History".

 

7.2 Return procedure

After having notified Angelic Pretty Paris of his withdrawal, the Customer must return the concerned products within a maximum of 14 days from the reception of the parcel.

The return of the products within the framework of the exercise of the right of withdrawal must be carried out in accordance with the conditions described below.

 

The reimbursement of the products related to the right of withdrawal will be made within fourteen (14) calendar days from the date of receipt of the Products by Angelic Pretty Paris.

 

7.3 Return policy - right of withdrawal and non-conformity

 

All products returned by the Customer must not have been used, damaged, soiled or washed by the Customer. They must be returned in their original packaging and accompanied by a copy of the invoice. Shoes must be returned in their box, but please do not use the box as a transport box.

 

The cost of return is at the Customer's expense and will be refunded only in the case of a return for non-conformity duly justified.

 

The Products must be returned to our shop, at the following address

Recipien : Angelic Pretty Paris

Building : Regus

Address : 27 Avenue de l'Opéra

Postal Code & City : 75001 Paris

Country France

Angelic Pretty Paris cannot be held responsible for any loss or damage during transport, it is therefore recommended that the Client use a tracking service. In case of loss or damage during transport, the Customer should contact the carrier directly.

 

If the items are not received at the above address, Angelic Pretty Paris cannot process the return.

 

If the Consumer/Customer exercises his/her right of withdrawal, he/she will use the form in Annex 2.

 

 

ARTICLE 8. LEGAL GUARANTEES

The seller is the guarantor of the conformity of the goods to the contract, allowing the Client to make a claim under the legal guarantee of conformity provided for in articles L 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code, provided that it has been used normally and that the maintenance advice has been followed.

 

 

In case of implementation of the legal guarantee of conformity it is recalled that :

- The buyer/customer has a period of 2 years from the delivery of the product to act,

- The buyer/customer 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/customer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

In addition, it is recalled that :

- The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

- The buyer/customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he/she may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

 

 

ARTICLE 9. INTELLECTUAL PROPERTY

 

All the intellectual property rights of the Site and its contents belong exclusively to Angelic Pretty Paris, the only holder of the intellectual property rights on the contents.

 

The customer commits himself not to make any use of the contents of the site. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

 

ARTICLE 10. PROTECTION OF PERSONAL DATA/ PRIVACY POLICY

 

See under the tab " privacy policy " of our website

 

ARTICLE 11. MISCELLANEOUS PROVISIONS

 

11.1 Marketing emails:

 

If the Customer has previously accepted, he/she may receive marketing emails from Angelic Pretty Paris from which he/she can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email

 

Under no circumstances will Angelic Pretty Paris ask the Customer to confirm account or credit card details by email. If the Customer receives an email purporting to be sent by Angelic Pretty Paris asking for such information, the Customer must not respond.

 

11.2 Act of god

 

All circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.

All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonable efforts, shall be considered as force majeure within the meaning of the provisions of Article 1218 of the French Civil Code. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

 

11.3 Partial invalidity

 

Should any provision of these GTC be invalid or unenforceable, the rest of the GTC shall remain in force, unless the invalidated obligation is an essential obligation, the removal or cancellation of which would prevent the continuation of the entire GTC.

 

11.4 Storage and archiving of transactions

 

Invoices shall be archived on a reliable and durable medium so as to constitute a true and durable copy.

 

11.5 Change of the GTC

 

Angelic Pretty Paris reserves the right to change, modify, add or remove any part of these GTC at any time. Any changes to the GTC will be posted on the Site. The date at the beginning of these GTC will be modified to indicate the last date of revision. The GTC applicable to an order are those in force at the date of payment of the order.

 

11.6 Mediation

 

In accordance with the EU Regulation 524/2013 on the online settlement of consumer disputes and the Directive 2013/11/EU on the out-of-court settlement of consumer disputes, if the Customer has a dispute relating to one of his orders with Angelic Pretty Paris, he has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of this dispute.

 

The Client can find a list of mediators by clicking on the following links

 

http://www.economie.gouv.fr/mediation-conso or: http://ec.europa.eu/consumers/odr

 

 

11.7 Applicable law and competent jurisdictions

 

These GTC are subject to French law. Only the French version of the GTC’s shall be deemed authentic in the event of a dispute. In the event of a dispute, the French courts shall have exclusive jurisdiction. However, the Parties undertake to seek an amicable solution before taking any legal action.

 

ANNEX 1

Article L. 217-4 Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5 Consumer Code

The good is in conformity with the contract:

1.         If it is fit for the purpose usually expected of a similar good and, where applicable :

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

o - whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular 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 attention of the seller and accepted by the latter.

Article L217-12 Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the Buyer asks the Vendor during the warranty period granted during purchase or repair of personal property, restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining length of the warranty. This period shall run from the buyer's request for intervention or relinquishment for repairs if this action is later than the request for intervention.

Article 1641 of the French Civil Code

The Vendor shall be bound to a warranty on account of hidden defects of sold Products which render them unfit for intended use, or which decrease this use so much so that the Buyer would not have purchased it, or would have paid a lower price if he had been aware.

Article 1648 paragraph 1 of the French Civil Code

Actions resulting from latent defects shall be taken by the Buyer within two years of discovery of the defect.

 

ANNEX 2 - RETRACTATION FORM

 

I hereby declare to exercise my right of withdrawal by sending the following form, completed on plain paper, to ANGELIC PRETTY Paris 3 rue Saint Roch 75001 FRANCE

 

I hereby declare that I withdraw from the sales contract for the following goods:

Order n°.......

Ordered on ................. Delivered on ...........

Name of consumer: ......................................................................

Consumer's address: ......................................................................

Consumer's signature (only if this form is notified on paper) :

Date: ......................................................................