UGC GTC / OUR TERMS AND CONDITIONS OF SALE


 

 

1. VENDOR IDENTIFICATION

PMJC is a simplified joint stock company with a capital of 280,000 euros, registered with the Paris Trade and Companies Register under number 534 375 209, and whose registered office is 5 passage Piver, 75011 PARIS - Individual VAT number: FR43 534 375 209.

 

 

2. GENERAL PROVISIONS

The purpose of the GCS is to set out the terms and conditions under which PMJC sells to its customers (hereinafter the "Customer") via the website www.castelbajac-paris.com (hereinafter the "Site") articles and products derived from the CASTELBAJAC brand (hereinafter the "Product(s)").

                                         

The GCS form an integral part, together with the order placed by the Customer, of the distance selling contract. The Customer declares that he/she is aware of them before placing his/her order. Consequently, the validation by the Customer of his order implies acceptance of the GCS. The GCS apply to the exclusion of all other conditions. The GTC can be printed by the Customer and kept by him. PMJC reserves the right to modify the GCS at any time. The GCS binding on the Customer shall be those existing on the date the order is placed.

 

 

3. PRODUCTS

In accordance with the provisions of article L.221-5 of the Consumer Code, PMJC presents on its Site, on the one hand, the essential characteristics and prices of the Products, and on the other hand, all the information required prior to any order, so that the Customer may know this information before ordering, in addition to the legal information appearing in the GCS.

  

 

4. ORDER

The Customer's order is entered on the Site, from the online catalogue and using the form that appears there.

PMJC reserves the right to suspend any order and/or refuse to honour an order from a Customer who has not fully or partially settled a previous order or with whom a dispute exists.

 

 

5. PRICE AND METHOD OF PAYMENT

The Product is invoiced at the price in force at the time the order is recorded. The prices are indicated in euros, all taxes included, excluding shipping costs in case of an order of Product(s). The price is payable in cash on the day of the order.

The payment is carried out:

- By credit card (Carte Bleue, Visa, Eurocard, Mastercard; on the secure payment site at the end of the order): the validation of the order by credit card is equivalent to a mandate to pay the price of the order including all taxes (including shipping costs).

- Or by PayPal (on the secure payment site at the end of the order): the payment by PayPal is debited from the Customer's Paypal account at the time of the order (including shipping costs).


When the amount of the order of Products is higher than 90 euros, the shipping costs are offered to the Customer in metropolitan France.

 

 

6. AVAILABILITY

The Products are offered within the limits of available stocks. In the event of unavailability of the Product ordered after the Customer has placed the order, the Customer will be informed by e-mail.

The Customer will have the choice of requesting an exchange of Products (with reimbursement by PMJC – CASTELBAJAC Paris or payment by the Customer of the price difference if applicable) or reimbursement of the sums collected. If it is impossible to exchange, the order will be cancelled and the Customer refunded.

 

 

7. DELIVERY

Products can be delivered all over the world. Delivery is at the expense of the Customer.

The Products are delivered to the delivery address indicated and informed by the Customer during the order process.

In metropolitan France, your package will be shipped within 72 hours inclusive, in Europe between 3 and 7 days and in the World zone between 4 and 12 days, from the date of receipt of payment. This time is fixed as an indication, each product being printed and prepared by hand in our workshop, the delivery time may vary significantly.

 

 

8. RESERVATION OF OWNERSHIP

PMJC retains full and complete ownership of the Products sold until full payment of all sums due by the Customer in connection with the order, including postage and taxes. In any event, in the event of non-payment, PMJC reserves the right to consider the sale as having been resolved by operation of law. 

 

 

9. TRANSFER OF RISKS

The risks of the Product shall be borne by the Customer as from the handover of the Product to the Customer or to a third party designated by the Customer. 

 

 

10. RECEIPT OF THE PRODUCTS

Upon receipt, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the Product delivered as well as its conformity to the order. If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery slip. This check is deemed to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.

The Customer must then confirm his reservations to the carrier by registered mail within three days at the latest, not including public holidays, following receipt of the Products and send a copy of this mail to PMJC.

In the event of an apparent defect in the Product or non-compliance with the order, the Customer must return the Product to PMJC, indicating its reservations, within 14 days of delivery. Any claim made after this period will not be accepted. 

If the apparent defect or non-conformity is recognized by PMJC, the latter will deliver a new Product to the Customer or, in the event of unavailability of the Product, will proceed to reimburse the Customer's order in full (postage included).

 

 

11. LEGAL GUARANTEE – 

Unless he is a legal entity or a natural person acting for purposes falling within the scope of his commercial, industrial, craft or liberal activity, the Customer benefits in any case from the legal guarantees. PMJC is thus liable for defects in conformity and hidden defects under the conditions provided for respectively by Articles L.217-1 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to the seller by the contract or has been carried out under the seller's responsibility.

Article L.217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, if applicable : - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

When acting as a legal guarantee of conformity, the Customer :

- has a period of two (2) years from the delivery of the good to act;

- may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code ;

- is exempted from having to provide proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.

The legal guarantee of conformity applies independently of the commercial guarantee granted by PMJC.

When acting as a legal guarantee for hidden defects, the Customer may choose between cancellation of the sale or reduction of the sale price in accordance with article 1644 of the Civil Code.

 

 

12. Rights of withdrawal and return procedure

In accordance with Community Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in respect of distance selling contracts, as transposed in the Customer's country, the Customer is entitled to cancel his order at any time within 14 calendar days of the date on which he received the products.

In the event of delivery of an item that does not correspond to the Customer's order, or of a defect related to transport, the Customer may return the items in his order at his own expense. In order to make the return, it is sufficient to follow the procedure set out below, indicated on the sales invoice and also accessible on the Site. The refund of the order applies to all returns of goods, in the context of an exchange it is the responsibility of the customer to place a new order on the site. Here is the return procedure:

Products can be returned free of charge within 14 calendar days. Items must be unworn and in perfect condition.

Returns are the responsibility of the customer.

Your order must be in "delivered" status in order to request a return.

It is imperative that you enclose your invoice in the package for your return to be processed.

Return procedure

1° Go to the "My orders" section of your customer account

2° Select "Make a return" in front of the order concerned

3° Follow the return instructions indicated on the page at this step

4° Go to the "My Returns" tab in your customer area to find out the address to which to send your parcel.

If your product has a manufacturing defect, we invite you to carry out our return procedure by selecting the return reason "defective product". We also invite you to contact us via our form to send us a photo of the damaged product, so that we can resolve this very quickly.

Refunds

Refunds will be made within 10-15 days of receipt of your package at our premises.

If you have made a return order, you will be refunded on the same payment method you used when you made your purchase.

Any product that is damaged, incomplete, or whose original packaging is damaged, will not be refunded or exchanged.


Delivery costs will only be refunded in the event of a preparation error on the part of PMJC - CASTELBAJAC Paris or defective products.

 

 

13. INFORMATION TECHNOLOGY AND FREEDOMS

Personal data concerning the Customer and collected by PMJC are subject to computer processing. They are necessary for processing the Customer's order, as well as for the follow-up and management of its requests within the framework of its contractual relations with PMJC.

This data is kept by PMJC and is not transferred to third parties. However, they may be communicated to companies and establishments of its group, to its suppliers, or even to third parties or subcontractors for the sole purpose of processing the Customer's order.

In accordance with the law of 6 January 1978, known as the "Informatique et Libertés" law, amended in 2004, the Customer has the right to access and rectify information concerning him/her, which he/she may exercise by writing to : PMJC CASTELBAJAC PARIS - 5 passage Piver - 75011 Paris. The Client may also, for legitimate reasons, oppose the processing of data concerning him/her.

The Customer is likely to receive communications in the context of marketing operations as well as commercial offers from PMJC for products and services similar to those he has ordered. If the Customer no longer wishes to receive them, he may contact the Customer Relations Department at the postal address or e-mail address mentioned above.

 

 

14. MISCELLANEOUS PROVISIONS

The failure of one of the parties to rely on a breach by the other party of an obligation under the GTC shall not be interpreted as a waiver of that obligation in the future.

Furthermore, in the event that one of the provisions of the GTC is or becomes invalid, impossible to execute or deemed null and void, the other provisions shall continue to apply between the parties and to produce their full and complete effect.

With regard to the invalid or void provision, the parties will endeavor to replace it with a valid provision whose meaning will be as close as possible to that of the invalid or void provision.

 

 

15. OPPOSITION TO TELEPHONE SOLICITATION

In application of article L.223-1 of the Consumer Code, if, outside of its contractual relationship with PMJC, the Customer does not generally wish to be the subject of commercial canvassing by telephone, it may register free of charge on an opposition list to telephone canvassing accessible via the website: www.bloctel.gouv.fr. 

 

 

16. APPLICABLE LAW AND JURISDICTION

The order and the GCS are subject to French law. For any dispute arising from the interpretation or execution of the present terms and conditions, only the French courts shall have jurisdiction.

 

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of : PMJC CASTELBAJAC PARIS – 5 passage Piver – 75011 Paris

I hereby notify you of my withdrawal from the contract for the sale of the property below:

Order No :               .......................................................
Ordered on :                    .......................................................

Product(s) concerned :                 .......................................................

Consumer name(s):               .......................................................
Adresse of the                  ......................................................
consumer(s) :               .......................................................
Signature of the 
consumer(s)                 .......................................................
(only in case of                    .......................................................
notification of this                .......................................................
form of paper)                           .......................................................
formulaire sur papier) :          .......................................................

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



 

 

18. CUSTOMER SERVICE, CLAIMS AND DISPUTE RESOLUTION

CUSTOMER SERVICE

PMJC provides Customers with a customer relations service accessible during business hours.

By email: via our contact form or happyclient@jc-de-castelbajac.com

By mail: 

PMJC CASTELBAJAC PARIS - 5 passage Piver - 75011 Paris

The Customer must clearly describe the detailed reason for his complaint and must provide the following information: surname, first name, order number. PMJC undertakes to reply as soon as possible.

 

 

INFORMATION RELATING TO THE ONLINE SETTLEMENT OF CONSUMER DISPUTES


According to Regulation (EU) No. 524/2013 on the "Online settlement of consumer disputes" and Article L156-2 of the Consumer Code, you benefit from an independent, impartial, transparent, efficient, fast and fair out-of-court procedure for the settlement of disputes arising from the online sale of goods or services. This procedure is implemented through a freely accessible European platform.

You can access this platform at the following address: http://ec.europa.eu/consumers/ord.