General conditions of sale of products online between professionals

 

 

 

Preamble

 

These general conditions of sale apply to all sales made on the Promulias website.

The Promulias website is a service of:

  • the promulias company
  • 55 rue popincourt 75011 Paris France
  • site address : retail.promulias.com
  • e-mail : [email protected]
  • phone : 01 43 14 05 08

The Promulias website sells the following products: Dresses and accessories.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order implies the acceptance of the general sales conditions.

 

Article 1 – Principles

 

These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

f a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.

These general conditions of sale are applicable until March 1, 2022.

 

Article 2 – Content

 

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.

These conditions only apply to purchases made on this website and delivered exclusively in mainland France and Corsica. For any delivery in the French overseas departments and territories or outside France, it should be indicated to obtain a specific quote.

 

Article 3 – The order

 

The buyer places his order online, from the online catalog and using the form on the site.

For the order to be validated, the buyer must accept, by clicking at the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.

The buyer will have to choose the address and the delivery method. Payment is made by direct debit.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

In case of unavailability of an ordered product, the buyer will be informed by email.

The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.

For any question relating to the follow-up of an order, the buyer can:

– call the following number: 01 43 14 05 08 (cost of a local call), on the following days and times: Monday to Friday from 9 a.m. to 5 p.m.

– send an e-mail to the following address: [email protected]

 

Article 4 – Electronic signature

 

The online supply of the buyer’s bank details and the final validation of the order will constitute proof of the buyer’s agreement. This will allow the seller to obtain the payment of the amounts due under the purchase order and this will be worth signing and express acceptance of all the operations carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is observed, to contact the seller by calling him at the following number: 01 43 14 05 08, or by sending him an e-mail at the following address: [email protected]

 

Article 5 – Order confirmation

 

Contractual information will be confirmed by e-mail at the time of delivery at the latest or, failing that, to the address indicated by the buyer on the order form.

 

Article 6 – Proof of the transaction

 

The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

 

Article 7 – Product information

 

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

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

The photographs of the products are not contractual.

 

Article 8 – Price

 

Calculation

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

Advance payment

Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer from 7 days will not give rise to the reimbursement of this scheduled deposit.

Discount

L’acheteur pourra bénéficier des remises et ristournes particulières le cas échéant, selon les conditions particulières précisées lors de la commande.

 

Article 9 – Mode de paiement

 

Rules

It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser. Payment of the order is made only by direct debit from the buyer’s bank account. The buyer must enter his bank details in the place provided and confirm this entry by adding his computer RIB attached to the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller has implemented an order verification procedure to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to send the seller by fax a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.

The price is payable in full and in a single payment upon receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.

Late payment

Any delay in payment will result in the immediate enforceability of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring, as such, against the buyer.

 

Article 10 – Product availability

 

Except in cases of force majeure or during closing periods clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For any delivery in France (mainland and Corsica), the deadline is 48 hours from the day following that on which the buyer placed his order.

For any delivery in the French overseas departments and territories or outside France, it should be indicated to obtain a specific quote.

In the event of delay, the seller cannot be held responsible for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the buyer.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

 

Article 11 – Terms of delivery

 

La livraison n’est faite qu’après confirmation du paiement par l’organisme bancaire du vendeur.

It is provided within the period specified in Article 10, from the receipt by the seller of the purchase order.

Any delay greater than 2 months may result in the resolution of the sale. The deposits paid or the payment made at the time of the order will then be returned to the buyer. Payment made when ordering will then be returned to the buyer.

In the event of non-compliance with the terms of payment appearing above, the seller may suspend or cancel the sale.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. 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 for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected from the place and during the period indicated.

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

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products …).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated. in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

Aticle 12 – Delivery errors

 

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.

The complaint can be made, at the choice of the buyer:

– by contacting the seller at the following telephone number:;

– en utilisant l’adresse électronique suivante : .

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 55 rue popincourt, 75011 Paris.

Return costs are the responsibility of the seller.

 

Article 13 – Product warranty

 

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a design or supply defect of said services to the exclusion of any negligence or fault of the buyer.

In any event, in the event that the seller’s liability is retained, the seller’s guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.

 

Article 14 – Right to retract

 

The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

 

Article 15 – Force majeure

 

All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

 

Article 16 – Partial non-validation

 

If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force. and their scope.

 

Article 17 – No waiver

 

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

 

Article 18 – Applicable law

 

These general conditions are subject to the application of French law.

The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the Contract.

If they do not succeed, the parties will submit the dispute to the Commercial Court.

 

Article 19- Collection of personal data

 

Données collectées:

The personal data collected on this site are as follows:

Opening an account: lors de la création du compte de l’utilisateur, ses nom, prénom, adresse électronique; n° de téléphone; adresse postale;

Connexion : when the user connects to the website, the latter records, in particular, his name, first name, connection, use and location data and his payment data.

Profil: the use of the services provided on the website makes it possible to complete a profile, which may include an address and a telephone number.

Paiement: As part of the payment for 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, the data concerning the user’s communications are temporarily stored.

Cookies : cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

 

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to 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;

– offering the user the possibility of communicating with other users of the website;

– implementation of user assistance;

– personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software) and management of security incidents;

– management of any disputes with users;

– sending of commercial and advertising information, according to the preferences of the user.

Sharing personal data with third parties

Personal data may be shared with third-party companies 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 entered into 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 providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;

– if the law requires it, the website may carry out the transmission of data in order to follow up on complaints made against the website and to comply with administrative and legal procedures;

– if the website is involved in a merger, acquisition, transfer of assets or reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized 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 application of the regulations applicable to personal data, users have the following rights, which they can exercise at the following address [email protected]:

– they can update or delete data concerning them by logging into their account and configuring the parameters of this account;

– they can delete their account, by writing to the following email address [email protected] It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the website, even after their account has been deleted;

– they can exercise their right of access, to know their personal data, by writing to the following email address: [email protected] 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;

– if the personal data held by the website is inaccurate, they can request the updating of the information, by writing to the following email address: [email protected];

– users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: [email protected]

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.