Terms and conditions of sale
Article 1 - Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the website https://www.paristallwomen.com/en/ to consumers and non-professional or professional buyers wishing to purchase the products offered for sale on our website.
These general terms and conditions of sale apply to the exclusion of all other conditions, especially those applicable to sales in stores or through other distribution and marketing channels.
The Customer declares that they have read these General Terms and Conditions of Sale and have accepted them by checking the designated box before initiating the online ordering procedure on the website.
As a result, any service provided by the website https://www.paristallwomen.com/en/ implies the unconditional acceptance of these General Terms and Conditions of Sale by the buyer.
Article 2 - Contents of the General Terms and Conditions of Sale
The prices of the products, including taxes.
Any delivery charges.
Delivery times.
Payment conditions.
After-sales service.
Your rights of withdrawal.
The duration of offers.
The cost of contacting us through remote communication.
Article 3 - Our Contact Information
To contact us, here are our contact details:
Owner's Name: PARIS TALL WOMEN
SIRET Number: Registration in progress
Registration Tribunal: NANTERRE
Postal Address: 144 avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE
Email Address: contact@paristallwomen.com
Article 4 - Nature of Products Offered for Sale
The products offered for sale on our website are as follows:
• Clothes,
• Lingerie,
• Accessories,
• Electronic books,
• Tickets for events.
Article 5 - Modification of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Customer's purchase is the one in effect on the website at the time of placing the order.
Unless proven otherwise, the data recorded in the computer system of the website https://www.paristallwomen.com/en/ constitutes proof of all transactions concluded with the Customer.
Article 6 - Right of Access, Rectification, and Objection
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and object to all their personal data at any time by writing, by mail and providing proof of their identity to:
[Insert your postal address]
Or
[Your email address]
Article 7 - Our Pricing Policy
The prices of the products sold are those in effect on the day of the order.
They are expressed in euros and calculated excluding taxes.
Consequently, they will be increased by the applicable VAT rate (and shipping fees) on the day of the order.
The website https://www.paristallwomen.com/en/ reserves the right to change its prices at any time.
However, we commit to billing the products ordered at the prices indicated during the order registration.
These prices are firm and non-revisable during their validity period, as indicated on the website https://www.paristallwomen.com/en/.
We reserve the right, outside this validity period, to modify prices at any time.
Article 8 - Discounts and Rebates
The prices offered include discounts and rebates that PARIS TALL WOMEN may grant based on its results or the buyer's assumption of certain services.
Article 9 - Orders
The main characteristics of the products are presented on the website.
The Customer is obligated to review them before placing an order.
The choice and purchase of a product are the sole responsibility of the Customer.
The photographs and graphics presented on the website are not contractual and do not engage the liability of the company PARIS TALL WOMEN.
The Customer is required to refer to the description of each product to learn about its essential properties and specificities.
It is up to the Customer to select the products they wish to order from our website, following these modalities:
The customer freely chooses the product(s) they wish to acquire.
The customer validates their order by accepting the General Terms and Conditions of Sale and proceeds to payment using the available payment methods on the website.
Confirmation of the order and receipt of payment are transmitted to the customer.
Contractual information is presented in French and is confirmed at the time of order validation by the Customer.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the necessary capacity to contract and acquire the products offered on the website.
The products presented on the website are offered for sale in all territories;
Except for the following countries, due to financial partner restrictions :
• Belarus
• Burma
• Congo
• Ivory Coast
• Crimea
• Cuba
• Iran
• Iraq
• Liberia
• Libya
• North Korea
• Russia
• Ukraine
• Somalia
• Sudan/South Sudan
• Syria
• Yemen
• Zimbabwe.
The sale will be considered final only after the Customer receives confirmation of the acceptance of the order by PARIS TALL WOMEN by email, and after full payment and/or payment of the full deposit by the Customer.
For orders placed exclusively online, the registration of an order on the website https://www.paristallwomen.com/en/ is done when the Customer accepts these General Terms and Conditions of Sale by checking the designated box and validates their order.
The Customer has the possibility to check the details of their order, the total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code).
This validation implies the acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.
Therefore, it is the Customer's responsibility to verify the accuracy of the order and immediately report any errors.
Any order placed on the website constitutes the formation of a distance contract between the Customer and the company PARIS TALL WOMEN.
PARIS TALL WOMEN reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer can track the progress of their order on the website https://www.paristallwomen.com/en/.
Any modifications to the order by the Customer can only be considered by Paris Tall Women to the extent of its capabilities and provided they are notified by email to the seller at least 2 days before the scheduled delivery date.
In the event that these modifications cannot be accepted by Paris Tall Women, any amounts paid by the Customer will be refunded within a maximum of 7 days from the notification of the impossibility of accepting the requested modifications (unless the Customer prefers to receive a credit).
In case of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay PARIS TALL WOMEN a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is the one in effect on the day of delivery of the goods.
This penalty is calculated on the total amount due, including tax, and runs from the due date of the price without any prior notice being required.
In addition to late payment penalties, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump-sum indemnity of 40 euros due for collection costs.
Articles 441-6, paragraph 12, and D. 441-5 of the Commercial Code.
If, within fifteen days following the implementation of the "late payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically canceled and may give rise to the allocation of damages and interest in favor of PARIS TALL WOMEN.
Article 10.1
– If an advance payment is made upon ordering.
In the event of cancellation of the order by the Customer after its acceptance by the company PARIS TALL WOMEN less than 7 days at least before the scheduled date for the delivery of the ordered products, for any reason other than the exercise of the right of withdrawal or force majeure, the advance payment made upon ordering will automatically belong to the Seller and will not entitle to any refund.
Article 10.2
– If no advance payment has been made upon ordering.
In the event of cancellation of the order by the Customer after its acceptance by the company PARIS TALL WOMEN less than 7 days at least before the scheduled date for the delivery of the ordered products, for any reason other than the exercise of the right of withdrawal or force majeure, an amount corresponding to 50% of the total purchase price will be due to the seller and billed to the Customer, as compensation for the damage suffered.
Article 11
– Duration of offers.
On our website, product offers are valid as long as they are visible on the website.
Article 12
– Delivery costs.
The prices of products including VAT do not include:
Order processing fees.
These fees are charged separately, as indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
Specific orders from the Customer may be considered.
If so, they will be the subject of a quote accepted by the Customer beforehand.
Quotes provided by the company PARIS TALL WOMEN are valid for a period of 1 month from their date of issuance.
An order based on a quote is considered accepted only after the Customer pays an advance to the company Paris Tall Women equal to the order amount.
An invoice will be issued by the company PARIS TALL WOMEN and given to the Customer upon receipt of payment.
Article 13
- Payment terms.
The price is payable in full on the day of placing the order by the Customer, through a secure payment method, according to the following terms:
By PayPal : Visa, MasterCard, American Express, other credit cards.
By Stripe : Visa, MasterCard, American Express, other credit cards.
Payment data is exchanged in encrypted mode using the "SSL" protocol.
Payment is debited only upon service execution:
In the case of payment by credit card, the card will be charged only at the time of order execution.
The company PARIS TALL WOMEN is not obligated to deliver the ordered products to the Customer if the Customer does not pay the full price as specified above.
Payments made by the Customer are considered final only after the actual receipt of the amounts due by the company PARIS TALL WOMEN.
Furthermore, the company PARIS TALL WOMEN reserves the right, in case of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of ongoing orders by the customer.
No additional fees, exceeding the costs incurred by the company PARIS TALL WOMEN for using a payment method, can be charged to the customer.
Article 14.1
– Deliveries.
The products ordered by the Customer will be available as mentioned in article 9 of this contract.
Within a delivery period indicated on the product page, plus the order processing time.
The company PARIS TALL WOMEN undertakes to make its best efforts to deliver the products ordered by the Customer as soon as possible.
However, these deadlines are provided for informational purposes. If the ordered products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the written request of the Customer, under the conditions provided for in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code.
The amounts paid by the Customer will then be refunded within fourteen days following the date of termination of the contract, excluding any compensation, or withholding.
The Customer is responsible for checking the conformity of the delivered products.
The Customer has a period of 7 days from the delivery to make any reservations or claims by email regarding non-conformity or apparent defects of the delivered products, with all relevant supporting documents.
After this period and failing to comply with these formalities, the products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the company PARIS TALL WOMEN.
The company PARIS TALL WOMEN will refund or replace the products, or part of the products delivered, which are found to be non-compliant or have apparent or hidden defects, as duly proven by the Customer, under the conditions provided for in articles L217-4 and following of the Consumer Code and as provided for in these General Terms and Conditions of Sale.
Article 14.2
– Returns.
1) Return Policy
1.1 The maximum number of days to make a return is: THIRTY (30) days following shipment to benefit from a full refund, exchange or purchase credit,
Provided that the items are returned in the same condition in which they were received and meet the applicable conditions listed in our guidelines.
1.2 Your return must be sent to this address: 144, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE
1.3 The deadline for benefiting from a return is as follows: THIRTY (30) days following shipment to benefit from a full refund, an exchange or a purchase credit,
1.4 Exceptions to returns are as follows:
APPAREL
Items that are worn, unwashed, in poor condition, used, and do not include all original tags attached cannot be returned. For tops and dresses, be careful of makeup or deodorant that rubs off on the clothing otherwise they will not be eligible for reimbursement.
SWIMWEAR AND LINGERIE
Returns are not permitted.
ULTIMATE SALE ITEMS
Items benefiting from significant reductions, items falling into the “second hand” category, cannot be exchanged, returned, or refunded in vouchers.
1.5 Return costs are the responsibility of the customer.
2) Conditions for accepting a return
Items must be returned unworn, unwashed, in good condition, unused and with all original tags attached.
The item must be returned in its original packaging.
3) Procedure for making a return
Download the return request form.
Complete the sections of the form.
Return the item along with the completed form to the following address: 144, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE
4) Return processing procedure
Upon receiving your return, it will be carefully examined by our return department.
Option A: If your package meets the return acceptance conditions, we will proceed with a refund or exchange of the item.
Option B: If your package does not meet the return acceptance conditions, no refund or exchange will be granted.
5) Delivery Conditions
a) The delivery time for your package is estimated at: THIRTY (30) days maximum.
b) Your package will be delivered to the address indicated when placing your order.
c) If your package is delivered to a relay point, the opening hours of the relay store will be communicated to you.
d) If your package is delivered to a relay point, the time during which you can collect it is: TEN (10) days unless another time is communicated to you.
Article 15 - Transfer of Ownership - Transfer of Risks.
The transfer of ownership of products from Paris Tall Women to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of these products.
Regardless of the date of transfer of ownership of the products, the transfer of risks of loss and damage related to them will only occur when the Customer physically takes possession of the products.
If the buyer becomes subject to receivership or judicial liquidation, PARIS TALL WOMEN reserves the right to reclaim, as part of the collective proceedings, the goods sold and unpaid.
Article 16.1
– Your Right of Withdrawal.
In accordance with the current legal provisions, the Customer has a period of fourteen days from the receipt of the product to exercise their right of withdrawal with the seller, without having to provide reasons or pay penalties, for the purpose of exchange or refund.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://www.paristallwomen.com/en/. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by Paris Tall Women, or by any other unambiguous declaration expressing the Customer's desire to withdraw.
In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the purchased product(s) will be refunded.
Article 16.2
– Exceptions to the Right of Withdrawal.
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
1. The supply of fully executed services before the end of the withdrawal period and whose execution began after the express prior consent of the consumer and the express waiver of their right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
3. The supply of goods made to the consumer's specifications or clearly personalized;
4. The supply of perishable goods or goods liable to deteriorate rapidly;
5. The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value upon conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8. Emergency maintenance or repair work to be performed at the consumer's home and expressly requested by the consumer, limited to spare parts and work strictly necessary to respond to the emergency;
9. The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
11. Contracts concluded at a public auction;
12. The provision of accommodation services other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities to be provided on a specific date or during a specific period;
13. The supply of digital content not provided on a material medium whose performance has begun after the express prior consent of the consumer and their express waiver of the right of withdrawal.
Please note that these provisions apply to contracts concluded after June 13, 2014.
Created by Law No. 2014-344 of March 17, 2014 - Art. 9 (V)
Repealed by Ordinance No. 2016-301 of March 14, 2016 - Art. 34 (V)
Article 17
– After-Sales Service.
We are here to assist you.
Every customer has different needs depending on the service purchased.
Therefore, each problem is handled individually, taking into account customer feedback.
If needed, the customer can contact the after-sales service to report a problem with a service or request information on its use.
We will do our best to provide you with quality information.
For any inquiries, please use the following contacts:
Email Address: contact@paristallwomen.com
For any after-sales inquiries, please provide the following information:
Your First and Last Name.
Your phone number.
Your email address.
Your order number and invoice number.
The product reference.
The date of receipt of your order.
Please provide a precise description of the observed defect.
Article 18 – Cost of Contacting Us.
The costs of contacting us are as follows:
By phone = the cost of a call per minute according to your telephone operator.
By email = the cost of communication according to your internet package.
By postal mail = the price of a postage stamp based on the weight of your mail.
Article 19 - Seller's Liability - Warranty.
The products sold on the website of PARIS TALL WOMEN comply with the applicable regulations in France.
The products supplied by PARIS TALL WOMEN benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
From the legal conformity warranty, for products that are apparently defective or do not correspond to the order,
From the legal warranty against hidden defects resulting from a defect in material, design affecting the delivered products, making them unsuitable for use,
Under the conditions and according to the modalities specified in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Warranty / Warranty for Hidden Defects).
It is reminded that under the legal conformity warranty, the Customer:
1. Benefits from a period of two years from the delivery of the goods to take action against the Seller.
2. May choose between repairing or replacing the ordered service, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
3. Is exempted from providing proof of the existence of the service's non-conformity during the six months following the delivery of the Service. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal conformity warranty applies regardless of any commercial warranty that may cover the product.
The Customer may also decide to exercise the warranty for hidden defects of the service in accordance with Article 1641 of the Civil Code; in this case, they can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
To assert their rights, the Customer must inform PARIS TALL WOMEN, in writing, of the non-conformity of the products within a maximum period of 7 days from the delivery of the products or the discovery of hidden defects.
PARIS TALL WOMEN will refund or replace under warranty products found to be non-compliant or defective.
Refunds for non-compliant or defective products will be made as soon as possible and no later than 7 days after PARIS TALL WOMEN acknowledges the non-conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank transfer.
The Seller's liability cannot be invoked in the following cases:
Failure to comply with the laws of the country where the products are delivered, which is the Customer's responsibility to verify.
In the case of misuse, negligence on the part of the Customer.
The Seller's warranty is in any case limited to the replacement or refund of non-compliant or defective products.
Article 20
- Data Protection.
In accordance with Law No. 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of their order and the establishment of invoices, in particular.
These data may be communicated to the potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification, and opposition regarding information concerning them.
This right can be exercised under the conditions and according to the modalities defined on the website https://www.paristallwomen.com/en/.
Article 21
- Intellectual Property.
The content of the website is the property of PARIS TALL WOMEN and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Furthermore, PARIS TALL WOMEN retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the request of the Customer) for the provision of Services to the Customer.
The Customer is therefore prohibited from reproducing or exploiting these studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of PARIS TALL WOMEN, which may be subject to financial compensation.
Article 22 – Unforeseen Circumstances.
The parties have agreed, within the provisions of Article 1144 of the Civil Code, that a change in circumstances, such as financial, economic, or material, surrounding the conclusion of a sale of the Seller's products subject to these General Terms and Conditions of Sale, resulting, for example, in a price increase of 5 euros, shall be entirely borne by the Customer, even if these risks render the performance of their obligations excessively onerous for the Customer, with all other risks being assumed by the other party.
However, if the change in unforeseeable circumstances at the conclusion of the contract were final or persisted beyond 2 months, these terms would be purely and simply resolved in accordance with the provisions defined in the "resolution for unforeseen circumstances" article.
Article 23
- Specific Performance.
In the event of a breach of obligations by either party, the injured party has the right to request specific performance of the obligations arising from these terms.
In deviation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue specific performance after a simple notice, sent by registered letter with acknowledgment of receipt, addressed to the debtor of the obligation, remains unsuccessful, regardless of the circumstances and even if there is a manifest disparity between its cost to the debtor and its benefit to the creditor.
It is noted that in case of a breach of obligations by either party, the injured party may, in accordance with the provisions of Article 1222 of the Civil Code, execute the obligation itself 10 days after sending a notice to perform that remained unsuccessful, at the expense of the defaulting party, as long as the cost is reasonable and in line with market practices, without requiring a judicial authorization for this purpose. The injured party may also choose to request that the defaulting party advance the necessary sums for such execution.
Article 24
- Exception of Non-Performance.
It is recalled that under Article 1219 of the Civil Code, each party may refuse to perform its obligation, even if it is due, if the other party does not perform its own obligation, and if this non-performance is sufficiently serious, i.e., capable of jeopardizing the continuation of the contract or fundamentally altering its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting party of a notice of breach sent for this purpose by the injured party, indicating the intention to apply the exception of non-performance until the defaulting party remedies the established breach, sent by registered letter with acknowledgment of receipt or by any other durable written medium that provides proof of sending.
This exception of non-performance can also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one party will not perform its obligations when due, and the consequences of such non-performance are sufficiently serious for the injured party.
This option is used at the risk and expense of the party initiating it.
The suspension of performance shall take effect immediately upon receipt by the presumed defaulting party of the notification of the intention to apply the preventive exception of non-performance until the presumed defaulting party performs the obligation for which an upcoming breach is evident, sent by registered letter with acknowledgment of receipt or by any other durable written medium that provides proof of sending.
If the impediment is final or persists for more than 30 days, these General Terms and Conditions of Sale shall be purely and simply resolved in accordance with the provisions defined in the "Resolution for Default of One Party in Its Obligations" article.
Article 25
- Force Majeure.
The parties shall not be liable for any non-performance or delay in the performance of any of their obligations, as described herein, resulting from a force majeure event, as defined in Article 1218 of the Civil Code.
The party experiencing the event must immediately inform the other party of its inability to perform its obligations and provide justification for it.
The suspension of obligations shall, in no event, be a cause of liability for non-performance of the obligation in question, nor result in the payment of damages or late penalties.
The performance of the obligation shall be suspended for the entire duration of the force majeure event if it is temporary and does not exceed 30 days.
Therefore, upon the cessation of the cause of the suspension of their mutual obligations, the parties shall make every effort to resume the normal performance of their contractual obligations as soon as possible.
To this end, the incapacitated party shall inform the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any other extrajudicial act.
If the impediment is final or lasts for more than 30 days, these terms shall be purely and simply resolved in accordance with the provisions defined in the "Resolution for Force Majeure" article.
During this suspension, the parties agree that the costs arising from the situation shall be borne by the incapacitated party.
Article 26-1
- Resolution for Unforeseen Circumstances.
The resolution due to the excessive onerousness of performing an obligation can only occur, notwithstanding the Resolution for Default of One Party in Its Obligations clause below, 10 days after sending a notice declaring the intention to apply this clause, notified by registered letter with acknowledgment of receipt or any other extrajudicial act.
Article 26-2
- Resolution for Serious Non-Performance of an Obligation.
The injured party may, notwithstanding the Resolution for Default of One Party in Its Obligations clause below, in the event of serious non-performance of any of the obligations incumbent on the other party, notify the defaulting party by registered letter with acknowledgment of receipt, 10 days after sending a notice to perform that remained unsuccessful. This is done in accordance with the provisions of Article 1224 of the Civil Code.
Article 26-3
- Resolution for Force Majeure.
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formalities.
Article 26-4
- Resolution for Default of One Party in Its Obligations.
Attention: The resolution clause must specify the commitments, the non-performance of which will result in the termination of the contract, which must be listed in the resolution clause itself (Article 1225 of the Civil Code).
It can only be implemented after notice, expressly mentioning the resolution clause, remains unsuccessful. The parties may agree in their contract that the notice would result from the mere non-performance (Article 1344 of the Civil Code).
In the event of non-compliance by either party with the following obligations:
Non-payment on the due date for products ordered by the Customer, and any action aimed at harming PARIS TALL WOMEN, or any seller on the platform;
Referred to in the articles of this contract, it may be terminated at the option of the injured party.
It is expressly understood that this resolution for default of one party in its obligations shall take effect by operation of law, with the notice resulting from the mere non-performance of the obligation, without notice or formalities.
Article 26-5
- Provisions Common to Resolution Cases.
It is expressly agreed between the Parties that the debtor of an obligation to pay at the end of this agreement shall be validly placed in default solely by the enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The benefits exchanged between the Parties from the conclusion of the contract until its termination, which can only find their utility through the complete performance of it, shall give rise to full restitution.
Article 27
- Applicable Law – Language.
Attention: The contract concluded between a consumer
and a professional may be subject to the law of a non-European Union state, but this choice must not deprive the consumer of the protection provided by the mandatory rules of EU law transposed into domestic law when the contract has a close connection with the territory of an EU Member State.
The ordinance of March 14, 2016, No. 2016-301, regarding the legislative part of the consumer code, establishes an identical presumption of a close link between the contract and an EU Member State in the following cases, in particular (Art. L231-1), this list is not exhaustive:
- the contract was concluded in the Member State of the consumer's usual residence;
- the professional directs its activity to the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity;
- the contract was preceded in this Member State by a special offer or advertising and acts performed by the consumer necessary for the conclusion of this contract;
- the contract was concluded in a Member State where the consumer went following an offer of a trip or stay made, directly or indirectly, by Paris Tall Women to encourage them to conclude this contract.
The fact that a trader has directed their activity towards an EU Member State also allows for the determination of the national jurisdiction competent to hear an intra-EU dispute concerning a contract concluded by a consumer (Regulation 44/2001 of December 22, 2000, Art. 15, § 1-c).
For the application of this text, it has been ruled that the mere use of a website by the trader is not sufficient to consider that they direct their activity towards the Member State of the consumer who makes a purchase through this website (CJEU 7-12-2010, Case 585/08 and 144/09: RJDA 2/11 No. 205).
Other indicators are necessary, such as the use of a language other than that of the trader in the website.
These General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in the French language.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.
Article 28
– Disputes.
All disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences, and follow-up that could not be resolved between PARIS TALL WOMEN and the customer shall be submitted to the competent courts under the conditions of common law.
The customer is informed that they can, in any case, resort to conventional mediation, notably through the Consumer Mediation Commission (C. consom. art. L 612-1) or through existing sectoral mediation bodies, the references of which are available on the Internet website [Insert website name] or through any alternative dispute resolution method (conciliation, for example) in case of dispute.
If necessary, the User may choose a mediator whose role will be to find an amicable solution to said "dispute."
You can find your mediator here: https://www.mediateurfevad.fr/
Failing that, disputes will be brought to the attention of the competent common law courts.
Below are the contact details of the court to be seized in the event of a dispute with PARIS TALL WOMEN :
Tribunal de commerce de Nanterre
Article 29
- Pre-Contractual Information - Customer's Acceptance.
The act of ordering on the Internet website constitutes full and complete acceptance by a natural person (or legal entity) of these General Terms and Conditions of Sale and the obligation to pay for the ordered products. This is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would not be enforceable against the Seller.
Annex I - Provisions Regarding Legal Guarantees
Article L217-4
of the Consumer Code:
PARIS TALL WOMEN is obligated to deliver a product in conformity with the contract and is liable for any lack of conformity that exists upon delivery.
Article L217-5
of the Consumer Code:
To be suitable for the customary use of a similar service and, where applicable: to correspond to the description given by PARIS TALL WOMEN and to possess the qualities that PARIS TALL WOMEN has presented to the buyer as a sample or model; to present the qualities that a buyer can legitimately expect in view of public statements made by Paris Tall Women, the producer, or their representative, particularly in advertising or labeling; or to present the characteristics agreed upon by the parties or to be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by them.
Article L217-12
of the Consumer Code:
The action resulting from a lack of conformity shall be time-barred two years from delivery of the goods.
Article L217-16
of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial warranty that was granted upon purchase or repair of movable property, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period.
This period runs from the request for intervention by the buyer or from the date of availability for repair of the item in question, if this availability occurs after the request for intervention.
Article 1641
of the Civil Code:
Paris Tall Women is obligated to guarantee against hidden defects in the thing sold that render it unfit for its intended use or that so diminish its use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of the defects.
Article 1648
paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
Annex II - Withdrawal Form.
This form must be completed and returned only if the Customer wishes to withdraw from the order, subject to exclusions or limitations on the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the prompt processing of your request, please provide the following information:
-
Order number.
-
Order date.
-
Your name and surname.
-
Your complete postal address.
-
Your signature (only in the case of notification of this form on paper)