GENERAL CONDITIONS OF SALE
This document is proviede for indicative purpose only, to note, only the French text would prevail in the event of a dispute.
These General Conditions of Sale shall apply to every Contract of
100, Avenue Kléber, 75116 Paris France
Limited Liability Company with a capital of Euro 2,000,00
RCS de Paris n° 849 116 074
Tel: 33 (0)1 43 59 49 68 (Mon ~ Sat: 8h00- 20h00)
hereinafter referred to as “UN PRELUDE”
Any person who has purchased or agreed to purchase merchandise via the website http://www.unprelude.com hereinafter referred to as “the Buyer”.
The French brand UN PRELUDE is the exclusive property of SARL UN PRELUDE.
ARTICLE 1: OBJECT
The present conditions of sale regulate the relationship between SARL UN PRELUDE and the Buyer and the conditions applicable to any purchase made through the website http://www.unprelude.com, whether the Buyer be an individual or a business person. By placing an order on the Website, the Buyer agrees to purchase the products under the present terms and conditions and to fully accept them, on the other hand, also assumes full acceptance of its obligations. These conditions apply to the exclusion of all other conditions, and notably those applicable to sales in store or through other channels of distribution and marketing. These conditions are accessible on the website www.unprelude.com and will prevail (if any) over any other version or any other contradictory document. UN PRELUDE reserves the right to alter its general conditions of sale at any time. In this case, the applicable conditions will be the ones in effect at the date of the order by the Buyer. Consequently, by placing an order the Buyer implies complete compliance with these general conditions of sale. If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.
Article 2: Products and services for sale
The website www.unprelude.com markets leather products. The products are those listed in the catalog published on the website of www.unprelude.com. The products are valid as long as they are visible on the website, within the limits of available stocks. Each product is accompanied by a description established by the brand. The photographs are as accurate as possible are not binding, they cannot ensure a full similarity with the concerned products, especially where the colors are concerned. UN PRELUDE reserves the right to modify them at any time without notice. The products offered comply with applicable French legislation and the standards applicable in France. In case of a product’s unavailability after an order is made, UN PRELUDE will inform the client by e-mail or by phone as soon as possible.
Article 3 - Prices
The products will be invoiced based on the prices that are valid when the order is registered. The Seller reserves the right to change prices at any time, but does agree to honor prices shown on the site when you place your order, subject to availability on that date.
All prices of sales are expressed in Euros. The prices do not include transportation and delivery costs, charged in supplement, and indicated before the validation of the order. The prices include VAT at the rate applicable on the day of the order and any change in the VAT rate will automatically be applied to the price of the products. All taxes, duties, fees or other costs to be paid pursuant to French regulations or those of an importer country or a transit country are payable by the Buyer.
Article 4 - Orders
The Buyer has the option to place his order online, from the online catalog and using the form therein, within the limit of available product stock.
Conditions of registration
The order confirmation requires the creation of a personal account on the Site. This account is intended to save shipping and billing information for the confirmed and future orders. The Buyer will be asked to create his own password for future use of this account. Creating an account is free. The username and password for accessing the Site are confidential and must not be disclosed to third parties. After creating the account, the Buyer will receive a confirmation of his registration by e-mail.
To validate the order, the Buyer should accept, by clicking on the link indicated the “General Conditions of Sale”. He will also need to choose the address and the mode of delivery, and finally to validate the mode of payment.
The sale will only be considered as definite once:
- the order confirmation has been sent to the Buyer by email;
- and the Seller has received full payment for the total price of the order and possibly the cost of postage and handling.
All orders placed suppose acceptance of prices and product descriptions. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below. In some cases, particularly in non-payment, incorrect address or other problem on the account of the Buyer, the Seller reserves the right to block the Buyer’s order until the problem solved.
Article 5 - Terms of settlement
The purchase price is due at the time of ordering. All orders are invoiced in Euro and payable in Euro. The Buyer can choose between the forms of payment below:
- Credit card
The buyer guarantees the seller that he has the required permission to use the payment method chosen by him, during the validation of the order. UN PRELUDE specifically reserves the right to refuse delivery or to deliver an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. Payments made by the buyer will be considered as definitive only after receipt of the sums due by the Seller. The treatment of the order and the shipping will take place only after the verification of payment method and the debit authorization by the credit card or PayPal.
Article 6 - Delivery
The preparation time is not included in the delivery time. Once an order is registered and paid, it will be prepared and delivered within 24 hours (business days). Order preparation times can be lengthened exceptionally in the following cases: period of peak activity (ex: holiday season), temporary stock shortages, force majeure. UN PRELUDE shall previously notify the Buyer by email.
The products will be delivered to the address specified by the Buyer on the order form. UN PRELUDE cannot be held responsible for any potential information errors entered by the Buyer, nor any errors or delays in delivery. In that case, the reshipping costs will be borne by the Buyer. The Buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided on the order form.
For parcel delivery in mainland France and Corsica, the products are delivered by the Post Office. For quite other destination (including FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES), the delivery terms will be specified on a case-by-case basis.
If at the time of delivery, the original packaging is damaged, torn open, we invite the Buyer to refuse the package and note a reserve on the delivery note. This check is considered to have been made once the Buyer, or a person authorized by him, has signed the delivery note.
Delivery charges are based on products and the delivery address. These costs are borne by the Buyer, in addition to the price for products purchased.
UN PRELUDE cannot be held responsible for delivery delays or failures due to the Buyer of in case of force majeure.
Article 7 - Return / Exchange / Refund
In application with the provisions of Article L.121-21 of the French Consumer Code, the Buyer has a 14-day withdrawal period from the receipt of goods to exercise his right of withdrawal without any reasons, unless stipulated differently when the order was placed. This right to withdrawal will be exercised without any penalty except for the return shipping cost, payable by the Buyer.
If the product or products concerned is a gift, the right of withdrawal should be requested by the Buyer but not the recipient of the gift.
Exchanges or refunds may only be requested for products purchased on the website, within fourteen (14) days from the date of receipt of the package and from the conclusion of the contract.
Products ordered on the website must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the invoice.
The product must be packaged and returned by Colissimo Recommended to the following address:
100 Avenue Kléber
If the Buyer does not comply the return or exchange conditions, UN PRELUDE reserves the right to refuse the return of the product and will sent it back to the Buyer, without possibility of exchange or refund. UN PRELUDE retains full discretion in deciding whether or not the product returned is in its original condition.
The Buyer has the following choices to request the return:
- by telephone at: 33 (0)1 43 59 49 68;
- by email to: firstname.lastname@example.org.
The Buyer may also use the standard form for withdrawal below:
Form for withdrawal
For the attention of: SARL UN PRELUDE, 100 avenue Kléber, 75116 Paris, Phone number: 33 (0)1 43 59 49 68, E-mail : email@example.com.
I hereby give notice that I withdraw from my contract of sale of the following product:
Please make the refund in the same form of payment originally used for the order. In case of bank transfer, please use the following bank details (IBAN):
When the Withdrawal Right is exercised, the exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the returned products by the Buyer under the conditions provided above. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever of the two is earliest.
Article 8 - Claim
All products sold by the Seller are covered by a legal warranty in accordance with articles 1641 and following of the French Civil Code. In case of non-compliance, the product sold can be returned to the Seller, who will take it back, exchange it or refund it. The Buyer must request the SELLER, the day of delivery or at the latest, the first business day following the delivery day, for any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to entries on the order form. All claims placed after this date will be rejected.
The Buyer has the following choices to claim:
- by telephone at: 33 (0)1 43 59 49 68;
- by email to: firstname.lastname@example.org.
All claims not made in compliance with the above procedure will not be considered, and the Seller shall disclaim all liability.
Upon receipt of the claim, the Buyer will be advised by email to get a number of exchange for the product in question. The exchange of a product can take place only after attribution with the consumer of a number of exchange according to the step presented above.
Article 9 - Force majeure
Any circumstances beyond the willingness of the parties preventing performance under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and can result in suspension. The party invoking the above circumstances shall immediately inform the other party of their occurrence and end.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts. Force majeure, as well as what is defined by the tribunals of French courts, will be considered to include: blocking of supplies or transport, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications networks or difficulties specific to telecommunication networks external to customers. The parties will review the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure case is of duration greater than three months, the present general conditions can be canceled by the injured party.
Article 10 - Warranty
Legal guarantee of conformity
The Seller is responsible of the goods’ conformity with the contract, allowing the Buyer to make a request under the conformity’s legal guarantee envisaged in articles L. 217-4 and following of French Consumer Code.
If the legal guarantee of conformity is established, it is recalled:
– the Buyer has a 2-year period from delivery of the property to act;
– the Buyer can choose between the repair or replacement of the item, subject to the cost conditions laid down by Article L. 217-17 of the French Consumer Code;
– the Buyer is exempted from showing proof of the conformity’s lack of the good during the 24 months in case of purchase of new goods (6 months for second-hand goods) following the delivery of it.
Legal guarantee of the latent defects
The Seller is also responsible to guarantee the Buyer against all hidden vices of the product sold in accordance with articles 1641 and following of the French Civil Code. It will be for the Buyer to prove that the defects existed at the time of the sale and render the good unfit for the use for which it was intended. The Buyer has a 2-year period from the moment of discovery of the defect to act. The Buyer can choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the French Civil Code.
Article 11 - Intellectual Property
The contents posted on the website remains the property of UN PRELUDE, the sole owner of the intellectual property rights to this content. Any reproduction in part or in full of the drawings, models, marks or logos included in the site, made from content on the site, is prohibited without the express permission of the Seller.
Article 12 - Security and privacy
- PRELUDE reserves the right to collect Buyer’s nominative data. They are necessary for the processing of orders and invoices, as well as improving the performance of our services.
As such, the information may be disclosed concerning the business partners of the company with the sole aim to fulfill the order and delivery of products.
This information and data are also retained for security purposes, in order to fulfill legal obligations.
In accordance with Law of 6 January 1978, the Buyer has a constant right of access, modification, correction and suppression of the data concerning him, directly on the website.
Article 13 - Archiving
The electronic forms, kept in the seller’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.
Article 14 - Nullity
If one or more provisions of the general conditions are held to be invalid or declared to be such under a law, a rule or following a final ruling by a proper court, the other provisions will retain their full force and effect.
Article 15 - Non-waiver
The fact that one of the parties does not invoke a breach by one or the other party of any one of the obligations referred to hereunder cannot be interpreted for the future as a waiver of the obligation in question.
Article 16 - Title
In case of difficulty of interpretation enter the one some of the titles appearing at the head of clauses, and the one some of the clauses, the titles will be declared non-existent.
Article 17 - Language
The original Conditions of sale are written in French. This document has been translated in English for a better understanding. To note, only the French text would prevail in the event of a dispute.
Article 18 - Applicable law - Jurisdiction
The general conditions shall be governed by and construed in accordance with the law of France. In case of dispute, jurisdiction is given to the courts territorially competent knowing that the Buyer will contact the seller first to obtain an amicable solution.