Conditions générales de vente

Terms of sale

1. Preamble

1.1. Identification of the seller

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") along with the "Privacy Policy" and "Legal Notice" sections are applicable to the online store website www.pilzerparis.com (hereinafter referred to as "the PILZER online store"), which offers the sale of bathing articles under the PILZER brand (hereinafter referred to as the "Products").

The Products are sold directly on the PILZER online store by PILZER, a Simplified Joint Stock Company with a share capital of 4,500€, whose registered office is located at 12 rue Salneuve, 75017 Paris - France, registered with the Trade and Companies Register under the number 947 660 510 RCS Paris. Its Siret number is 947660510 00019 and its intra-community VAT number is FR [●]06947660510.

1.2 Scope and acceptance of the general terms and conditions of sale

The products offered on the website www.pilzerparis.com (the "Site") are subject to the present general terms and conditions of sale of the Site (the "General Terms and Conditions of Sale"). PILZER products are exclusively intended for sale to end consumers, whether individuals or legal entities, excluding all resellers or intermediaries acting on behalf of resellers. Therefore, by placing an order, the Client acknowledges that he or she is acting as an end consumer and that he or she has no intention of reselling PILZER products for commercial purposes.

The validation of the corresponding box during an order on the PILZER online store constitutes full and complete acceptance of these GTC by the Client. These general conditions can be saved and/or printed and are accessible from all pages of the Site. They may be modified at any time and the applicable conditions are those that the Client accepts when placing an order. These conditions are accessible from the order confirmation email.

1.3 The Client

The PILZER online store offers products for sale to non-professional customers who are consumers, aged over 18 and possessing full legal capacity. Sales are made at retail, only for strictly personal use.

In general, PILZER reserves the right to refuse any order for products that have an abnormal nature, in particular orders for quantities or amounts considered unusual by PILZER.

2.3. Order Modalities

2.3.1. Products

The PILZER company website allows customers to order a selection of PILZER brand products (the "Products") online for delivery in France or abroad (see Article 8 "Delivery Terms").

However, it is not possible to place special orders for the creation of a product that does not exist or is no longer in the PILZER collection, or for the adaptation or customization of a product from the PILZER collection followed by manufacturing by PILZER. Therefore, these General Terms and Conditions of Sale do not apply to special orders.

2.2 Product availability

Our product offers and prices are valid as long as they are displayed on the Site, within the limit of available stocks. There may be exceptions such as errors or modifications, particularly in the case of simultaneous orders of the same product by multiple customers. If a product is unavailable after you have placed your order, we will inform you as soon as possible by email or phone and offer you either to order another product presented on the Site as a replacement, or to cancel your order.

PILZER cannot be held responsible for out-of-stock or unavailable products for orders that have not yet been accepted by PILZER.

We reserve the right to change the products offered on the Site at any time and without notice. To ensure better service quality and product availability for all our customers, PILZER may limit the quantity of products that can be purchased by a customer, in accordance with applicable regulations, in particular those of article L.122-1 of the French Consumer Code.

2.3 Order procedure

2.3.1 Product selection

The customer is invited to select the desired products by clicking on the "Add to Cart" button and placing them in their shopping cart. At any time, the customer can delete products by going to the shopping cart page, accessible from the "Shopping Cart" icon at the top right of all pages of the PILZER online store.

Once the products have been selected, the customer can view the summary of their order by clicking on the "View Cart" button. At this stage, they can check the details of their order, correct any input errors, and delete one or more products.

The customer can also choose the delivery country and delivery method of their choice, which will calculate the delivery costs and the total amount to be paid. However, the delivery zone and costs may be modified later if the customer wishes, and the total amount will be updated accordingly.

2.3.2 Identification

After validating their cart by clicking on the "Buy" button, the customer has the choice between 3 options:

• Identify themselves with their username and password to order using their customer account or to create a new one.

• Order without creating a customer account.

The data recorded by the Site constitute proof of all transactions between PILZER and its customers. In the event of a conflict between PILZER and one of its customers over a transaction carried out on the Site, the data recorded by PILZER are considered as valid proof of the content of the transaction.

2.3.3 Order Validation

To finalize their order, the Customer must:

• confirm their shipping and billing address, or provide a new one for the Territory and/or billing,

• select the delivery method from the options offered (delays and fees vary depending on the chosen method, and are specified at this stage),

• consult the summary of their order,

• read the T&C carefully and expressly accept them by checking the box "I have read and accept the General Terms and Conditions of Sale" before proceeding to pay for their order,

• pay for their order by clicking on the "Confirm Payment" button, which gives access to the secure payment of their order.

After you have completed your order, it will be transmitted to PILZER for processing. However, PILZER reserves the right to refuse an order in the following cases: if you are in dispute with PILZER for a previous order, if you have violated these General Terms and Conditions, if PILZER reasonably suspects that you have engaged in fraudulent activity, or for any other legitimate reason.

2.3.4. Order Confirmation

The sale will only be considered final after PILZER has confirmed by email to the Client the acceptance of their order to the email address provided by the Client. The Client expressly agrees to the use of electronic messaging for PILZER's confirmation of the contents of their order.

Following this confirmation, a summary of the order will be sent by email to the Client. This confirmation email will include the total amount of the order, information regarding the cost and delivery time, the essential characteristics, quantity, and price of the Products purchased.

3. Prices - Accepted Means of Payment

3.1. Prices

The prices of the products offered on the Site are indicated in Euros, all taxes included. Except in cases of refund for exercising the right of withdrawal or for non-conformity and hidden defects, PILZER will not reimburse the VAT applied to purchases made on the Site, even if the buyer reships the products to a third country outside the European Union. For sales made outside the European Union, customs clearance, payment of various duties or taxes are the exclusive responsibility of the Client.

PILZER reserves the right to modify at any time and without notice the prices of the products offered on the Site. The products are invoiced based on the rates displayed on the Site at the time of placing the order, subject to availability of the products ordered at that time.

All orders must be paid for immediately in Euros at the time of placing the order. If certain products ordered are not available (see Article 4 "Availability of Products"), only the price and shipping costs related to the available products will be debited.

3.2. Accepted Payment Methods

Payment for all orders, from all countries, can be made by credit card (Visa, Mastercard, and American Express are accepted), PayPal, or ApplePay, except for orders that conform to the procedure described in Article 2.1.2 of the GTC, which can only be paid by credit card (Visa, Mastercard, and American Express are accepted).

To ensure the security of payments, PILZER has implemented a secure payment system for any order placed on its online store. All payments (except PayPal) are made on an external platform through a payment service provider - Stripes - which complies with the PCI DSS security standards.

The payment will be considered validated once the payment agreement has been confirmed by the issuing entity. If the bank refuses payment, the order will be automatically canceled, and PILZER will be released from any obligation and liability to the Client.

The Client can download their invoice from their personal space by accessing the "My orders" section. If the Client has not created a customer account, the invoice is available in the "Order tracking" section, accessible from the confirmation email.

4. Property Reserve

Until the full price of the ordered Products has been received by PILZER, these Products remain the property of PILZER. However, upon delivery to the address indicated during the order, you assume the risks associated with the Products, such as loss, theft, or damage.

5. Delivery Terms

5.1. Delivery Area

Delivery corresponds to the physical handover of the Products to the Client. Products available for purchase on the Site can be delivered internationally as well as in France.

For security reasons, PILZER will not process orders with post office boxes, hotels, postal boxes, or Cedex addresses. Products are shipped to the Delivery address indicated during the ordering process. In case of an error in the Client's contact information, PILZER cannot be held responsible for the inability to deliver the ordered Product(s).

5.2. Transport Fees

When ordering on the Site, the Client must select the Delivery mode as well as the Delivery location. The cost of Delivery is calculated based on the destination and the chosen Delivery mode.

5.3. Delivery Times

When placing an order on the Site, PILZER undertakes to prepare your order within 24 to 48 hours (excluding weekends and public holidays) and within a maximum of 10 working days during peak periods such as Christmas or sales. Please note that these times only begin from the validation of your order by our Customer Service.

If Delivery is not possible, PILZER endeavors to find a secure place to deposit the Product. If this is not possible, the Product is returned to PILZER's warehouse. We also leave a notice at the Delivery address indicating where the Product is and instructions to follow for a new Delivery. You can contact our Customer Service at [email protected] to arrange Delivery at a later date. The risk of loss or damage to the Product is transferred to the Client at the time of Delivery, when PILZER is in charge. To ensure the Delivery deadlines are met, the Client must provide accurate and complete information about the Delivery address, including the street number, building, staircase, access codes, and intercom names/numbers.

PILZER cannot be held responsible for delays in delivery that are not its fault or that result from a case of force majeure. PILZER also reserves the right to make partial deliveries. The amount debited on the Client's credit or payment card will be adjusted accordingly to correspond to the price of the Products actually delivered. Shipping costs will be invoiced for a single shipment, in accordance with the information in the order summary.

If you have any questions, do not hesitate to contact our Customer Service by sending an email to [email protected].

6. Receipt of Products

Any delay or defect in delivery exceeding the deadlines mentioned in Article 5 must be reported immediately to our Customer Service by email at [email protected]. Any claim made more than fourteen (14) calendar days after the order validation date will not be taken into account.

The risk related to the products is transferred to the customer upon delivery, i.e., when the customer (or any third party designated by him) physically takes possession of the products in question. It is the responsibility of the customer (or any third party designated by him) to check the number and condition of the products upon delivery by the carrier. If the package is open or visibly damaged, or if any or all of the products in the package are damaged, missing, or do not correspond to the order, the customer must refuse the package, issue reservations upon receipt of the damaged package, and make a claim on the carrier's website.

If the recipient makes no reservation upon receipt of the damaged package, the carrier will not be held responsible and will not be able to indemnify. Therefore, any claim by the recipient will reinforce that made by PILZER's services. If you wish to make a claim, please contact us at the following address: [email protected], specifying the following information:

• Recipient's name

• Package tracking number

• Product designation

• Photos of the damaged package with the postage clearly visible

• Photo of the inside of the package

• Photo of the damaged product

In case of non-compliance with the delivery deadline, you have the option of canceling your order by simply sending us an email or registered letter with acknowledgment of receipt at the following address: PILZER, 12 Rue Salneuve, 75017 Paris. In this case, PILZER must refund you the full amount paid within fourteen (14) days from the date of denunciation of the sales contract. However, if you still receive the product, you must return it in accordance with the return procedures described in Article 7.

It is your responsibility to check the conformity of the products upon delivery and to indicate any anomalies observed in the form of handwritten reservations accompanied by your signature (e.g., an open package or a damaged product). If you find any non-conformities or if the products do not satisfy you, please contact our customer service by email at [email protected]. You can then return the products, request an exchange or a refund in accordance with the procedures provided for in Article 7 entitled "Right of withdrawal - returns, exchanges, refunds."

7. Right of withdrawal - returns and refunds

7.1. Right and withdrawal period

In accordance with articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the French Consumer Code, except for perfumes and cosmetic products, you have the possibility to withdraw without giving any reason and without penalty, if you meet the conditions set out in these provisions.

As part of its general return policy for any refund request, PILZER allows you to withdraw within 14 days following the date of delivery of the products, without giving any reason and without penalty. Beyond this deadline, you will no longer be able to exercise your right of withdrawal.

7.2. Exercise of the right of withdrawal

We provide you with the possibility to fill out and send us your withdrawal declaration by sending an email to [email protected]. Once we have received your request, we will send you a confirmation by email.

You can also, if you wish, send us a clear and unambiguous declaration expressing your desire to withdraw to the following address before the expiration of the fourteen (14) day withdrawal period mentioned above:

PILZER

12 Rue Salneuve

75017 Paris

7.3. Consequences of the right of withdrawal

If you decide to exercise your legal right of withdrawal or if you notice a non-conformity of the purchased product, you may request a refund by returning the product(s) concerned. The conditions for returns and refunds are detailed in Article 8 of our general terms and conditions of sale.

8. Modalities of return and refund

8.1. Return procedure

If you wish to exercise your right of withdrawal, you must return the Products in their original condition, unworn, unwashed, with the hygiene label and in their original packaging (with the pouch), accompanied by their purchase invoice or a copy in case of partial return.

The return of Products in case of refund request is free for Deliveries made in metropolitan France. However, if the place of Delivery is outside metropolitan France, the return is at your expense and at your own risk.

To make a return, you must send an email to the address [email protected] indicating the reasons why you wish to make a return. You will receive a return voucher by email within a maximum of one week to return your order, as well as a transport voucher if the place of Delivery is in metropolitan France, which you will need to print.

Please note that if the return voucher is not present in the returned package, PILZER will not be able to proceed with the refund of the returned Products. In addition, incomplete, damaged, worn or soiled returned Products will not be refunded. The return conditions for non-conforming Products are also described in Article 8 below.

8.2. Refund

The refund will be made within a maximum period of fifteen (15) days from the receipt of the returned Product(s) by PILZER, if you have requested a refund. Once the Products have been received, checked, and accepted by our services, the refund, including the standard Delivery costs of the initial order, will be made using the same payment method as used for the order. Please note that the refund period may be extended due to bank processing times.

8.3. Gifts ordered from the Site

The refund of a product can only be made to the bank account of the person who placed the order. Therefore, only this person can request a refund using the return procedure on the Site. If the product was purchased as a gift, the customer who gave the gift will have to follow the return procedure described in Article 8.

9. Legal Guarantees

Products sold by PILZER are covered by the legal guarantees provided for by articles L. 211-4 to L. 211-13 of the Consumer Code and articles 1641 to 1648 of the Civil Code, excluding any other guarantee.

· Legal guarantee of conformity

PILZER is obliged to deliver a product that conforms to the contract, free from any lack of conformity at the time of delivery. The product must be suitable for the intended use of a similar good and must have the characteristics as presented during the sale. PILZER is also responsible for conformity defects related to packaging.

In the event of non-conformity, PILZER may replace the defective product. If replacement is impossible within one (1) month following the complaint or if you make a motivated request for it, you may request a refund of the product price.

To benefit from this guarantee, you must make your claim within two years from the date of delivery of the product. Any lack of conformity appearing within twenty-four (24) months following delivery is presumed to exist at the time of delivery, unless proven otherwise.

· Legal guarantee of hidden defects

PILZER undertakes to provide you with a product free from any hidden defect that would render it unsuitable for the use for which it is intended, or which would reduce its use to such an extent that you would not have bought it, or at a lower price, if you had been aware of it. This guarantee is subject to the condition that you make the request within a period of two (2) years from the discovery of the defect.

In case of hidden defect, you have the choice between returning the product and obtaining a refund of the price and the costs incurred by the sale, or keeping the product and obtaining a part of the price refunded. In all cases, you must prove that you meet the conditions of the guarantee.

If you find a conformity defect or a hidden defect, you must return the Product to us at the following address:

PILZER

12 Rue Salneuve

75017 Paris

· Force Majeure

In the event of a force majeure event preventing the execution of these General Terms and Conditions of Sale, PILZER shall inform the Customer within fifteen (15) days from the occurrence of such event, by email or registered letter with acknowledgment of receipt. Cases of force majeure or fortuitous events are considered as such, in addition to those usually retained by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrections, wars, weather events, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of PILZER or the Customer without compensation on either side. However, the Customer's default of payment cannot be justified by a case of force majeure.

10. Limitation of liability

If PILZER is unable to perform its contractual obligations due to a force majeure event, an error or omission by the Client, an unforeseeable and insurmountable event caused by a third party to the contract, or an obstacle beyond its control, it shall not be held liable for the breach of any of its obligations. PILZER's liability can only be engaged to the extent that it could reasonably have foreseen such an event at the time of signing the contract with the Client, and where the consequences of such an event could not be avoided or overcome by PILZER in a reasonable manner.

11. Miscellaneous provisions

If one or more clauses of these General Conditions of Sale are considered invalid or declared as such under a law, regulation or final decision of a competent court, the other clauses shall remain fully in force and effective. No tolerance, passivity or inaction by PILZER shall be construed as a waiver of its rights under these General Conditions of Sale.

12. Applicable law – Disputes

These General Terms and Conditions of Sale shall be governed and interpreted in accordance with French law. However, in accordance with Regulation (EC) No 593/2008 of 17 June 2008, PILZER shall comply with any provision that is more favorable to the Client and that cannot be derogated from by agreement under the law of the Client's habitual residence.

In the event of a dispute related to the execution of an order, the Client may resort to a conventional mediation procedure or any other alternative dispute resolution method.

These General Terms and Conditions of Sale are drafted in French. In the event of a conflict, in accordance with Regulation No. 44/2001 of 22 December 2000:

• The Client may bring an action before either the court of his/her habitual residence or the French courts.

• PILZER may bring an action before the court of the Client's habitual residence. In the event of discrepancies between the French version and the English version of the General Terms and Conditions of Sale, the French version shall prevail.

Devenez
Acheteur Vendeur
THE SHOwP