TERMS AND CONDITIONS 

 

Article 1 – Scope of application

These general conditions of sale and use (the "Term ") are concluded between the company Claudiapaz Paris, a limited liability company with a capital of 6000 euros, registered with the RCS Paris under the number B 539 954 271, registered office situated at 11 rue de l' Arc de Triomphe, Paris 75017, France ("Claudiapaz") and any non-trading individual (the "User") wishing to make a purchase on the site www.claudia-paz.com (the "Website").

The products covered by these general conditions are those listed on the website and are sold and shipped by Claudiapaz (the "Products "). These general conditions shall apply of exclusion of all other conditions, including those applicable to in-store sales or through other distribution channels and marketing products.

These terms and conditions are available at any time on the website and prevail, if need be, on any other version or any contradictory document. Claudiapaz reserves the right to punctually modify the general conditions. They will be effective since posted on the website without being able to be applied to the transactions concluded before.
 

Article 2 - Identification of the offeror

Name: CLAUDIAPAZ PARIS


Legal form : Company limited liability (EURL)


Share capital: € 6000


Registered office: 11 , rue de l' Arc de Triomphe, Paris 75017


RCS Paris B 539 954 271


Tel. +33 (0) 1 71 32 29 05


VAT number : FR73539954271

Article 3 - Information on Products

Information about all the products are available , with their references in all stores Claudiapaz  as well on the website.


This information is consistent with the requirements laid down by the legislation in force and in particular the articles L. 111-1 and L. 113-1 of the consumer code by the order of 3th december 1987 about consumer’s information on prices.


Article 4 - Order of products on the website

1 . Prior identification of the user


To place an order , the user must log in with their email address or customer’s number and password. To buy a product at its first order, the user must open an account and fill out an order form specifying certain fields obligatory so that his order can be taken by Claudiapaz.

2 . Registration and confirmation of the order

All necessary steps to sell the products are specified on the website in accordance with articles 1369-4 and 1369-5 of the civil code.

The ordering process on the website is as follows:

- The user selects the product ( s) of their choice;

- The user fills the information requested and necessary for its control;


- He chose the method of payment of the order;


- It checks the details of the order and the total price and the possibility to correct errors;


- Checks and agree the terms of Claudiapaz;


- Then validate the order, and the electronic contract is then concluded.

From the moment the user has validated the order, Claudiapaz acknowledge receipt and send a confirmation to the user without delay and by electronic mail containing a copy of these terms and conditions. It is advisable to the user to keep this confirmation. The invoice for the order placed will also be available at any time for the user in his personal space on the website.

In accordance to Article L. 122-1 of the consumer code, Claudiapaz is entitled to refuse any order or previous abnormal bad faith. In addition, Claudiapaz reserves the right to refuse any order or delivery in case of a dispute exists with the user, total or partial non- payment of an order for payment by credit card declined or for any other legitimate reason Claudiapaz reserves the right to explain to the user. Responsibility of Claudiapaz may not be under any circumstances be liable in this case.

The photos, graphics and descriptions of products offered for sale on the website are indicative and not commited Claudiapaz.


By prolonged inactivity when connecting it is possible that the selected products before this inactivity is no longer guaranteed. The user will be asked to strat again its selection of products from the beginning.

 

Article 5 - Prices and availability

Product prices displayed on the website are current the same of the order  Claudiapaz.  They are  in euros and include all french taxes, excluding the cost of processing,  packaging, transport and delivery are charged extra.

Products are offered for sale within the limits of available stocks. In case of unavailability of a product, the user will be informed by Claudiapaz as soon as possible by email.

According to article L. 121-20-3 of the consumer code, Claudiapaz may propose to the user the choice other similar product or a price equivalent or either cancel the order of this product.

If the user chooses to receive an equivalent product, this shall be shipped at the expense of Claudiapaz . Users then have the option to return the product to Claudiapaz and be refund for all costs incurred if the product does not suit him.

If the user chooses to cancel the order, the cancellation of the order of this product and its potential refund will be made immediately, the rest of the order remains however firm and final.

 

Article 6 - Payment

To ensure the security of payments, the website uses secure payment service Paypal. The confidential data (card number 16 digits, expiration date and security code) are directly transmitted to payment platforms concerned without passing through physical media Claudiapaz server.

Payment will be made on the internet on the website by bank card (Visa, Eurocard / Mastercard).  Cards issued by banks outside of France must be international bank cards.

When the order is confirmed, the payment request is routed in real-time on the payment protected handler. It sends a request for authorization to the credit card network. The payment manager issues an electronic certificate.

In addition, Claudiapaz reserves the right to suspend or cancel any order execution and / or delivery, whatever its nature and level of execution in case of default in payment or part payment of any amount owed by the user in the event of a payment incident, or in cases of fraud or attempted fraud on the use of the website, including during previous orders. The transfer of ownership of products Claudiapaz for benefit of the user, will be made only after full payment, and regardless of the date of delivery of such products.

 

Article 7 - Signature and evidence

In all cases , the provision of online credit card number and the final validation of the order shall be evidence of the whole order in accordance with articles 1316 and following of the civil code and will be suitable payability of the amounts involved  listed on the order form.


This confirmation signature and express acceptance of all transactions on the website.

The records stored in computer systems Claudiapaz in conditions of reasonable safety,  will be considered proof of communications, orders and payments between the parties.

The filing of purchase orders and invoices is made by Claudiapaz on a durable base so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.

 

Article 8 – Shipping cost

Shipping costs are the responsibility of the user, depending on place of delivery and / or weight of products sent. They will be specified to the user upon confirmation of the order. Times delivery and rates are currently as follows and are subject to change:


Any order placed on the website and delivered outside France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These tarifs and taxes related to the delivery of an item are the responsibility of the user and under its exclusive responsibility. Claudiapaz is not required to check and inform you of customs duties and taxes. To know them, it is advisable to check with the relevant authorities of the country of delivery of the products .

 

Article 9 - Delivery

Products are shipped with delivery order to the shipping address provided by the user when ordering.


Claudiapaz reserves the right to refuse to deliver orders from individuals to collective addresses such offices. In case of delivery to a collective address, the user acknowledges that the obligation of Claudiapaz for routing control stops the effective delivery to the address specified in the collective order , even though the shipping is not received by the final recipient, but by a third party.

The deadline for Claudiapaz committed  to deliver the product (s ) is shown to the user before the confirmation of the order. In general and for information, orders are validated and processed the following business day and shipped the next business day latter. Regarding deliveries for export, the period shall be 6 working days, indicative period does not depend on postal traffic. 

The delivery times indicated above are indicative of the date of the validation of the order by the user. In any case they may not be opposable. Claudiapaz therefore disclaims any liability for delivery too large due to postal services or means of transport, as well as for loss of the goods ordered or strike. Transport risks are borne by the user, who must make a protest with the postal services or protest to the carrier within three (3 ) working days after delivery.

 

Article 10 - Cancellation , returns and exchanges

1 . Cancellation under the right of withdrawal

The user shall have fourteen (14) days from the receipt of the product (s) to exercise his right of withdrawal in accordance with article L. 121-20 of the consumer code, asking to cancel the order without any reasons or incurring penalties . When this period expires on a saturday, sunday or a holiday, it is extended until the next business day.

Products returned must be accompanied by the return form available on the website completed and a copy of the invoice to the following address : CLAUDIAPAZ 11 rue de l’Arc de Triomphe - 75017 Paris - France
.

It is up to the user to keep proof of this return, which implies that products must be returned by registered mail or by any other means giving a certain date.

As an exception to the foregoing, the right of withdrawal can not be exercised for products made according to the specifications of the user or having a customization on request of the user.

Products must be returned intact, complete and packed in original package. Returned products incomplete, damaged, mutilated, soiled or in any other state which would leave reasonable to assume that the products have been used or worn, will not be refunded or exchanged and will be returned to the user by post.

The cost and risk of return by post under the right of withdrawal is the responsibility of the user (except upon receipt of a defective product or an error when sending the product).

Claudiapaz agrees to refund the user who has exercised his right to withdraw the money as soon as possible and no later than thirty (30) days after the exercise of the right of withdrawal.

The refund will be made via the payment method of the returned order. Thus, if the control has been by:


- Credit card if the credit card is still valid, the refund will be made to the account attached to this Card;


- Paypal if the Paypal account is still active, the refund will be made on Paypal account.

For any other payment or failure of previous refunds, refund will be made by letter check send to the billing address.


2 . Returns and Exchanges

Rather than cancel the order within his right of withdrawal, the user may prefer to return the product (s) ordered or request an exchange if not satisfied with the color, size or the model.

In this case, the user has a period of fourteen (14) days of receipt of the product (s) for return to Claudiapaz.

The procedure and conditions for a return or exchange are the same as those described above for exercising the right of withdrawal to which reference is expressly made. The user must therefore return the completed return form available on the website and a copy of the invoice to CLAUDIAPAZ 11 rue de l' Arc de Triomphe - 75017 Paris - France

Claudiapaz will refund the value of the product(s) or only at the request of the user, the exchange of the product (s) within the limits of available stocks.

It is recall that the cost of return by post are payable by the user (with the exception of a defective product upon receipt, or an error when sending the product). However, Claudiapaz will cover the shipping of the Product(s) replacement.

In general, any question can be addressed by the user to Claudiapaz by phone at the following number +33 (0) 1 71 32 29 05 or by sending an email to the following address shop@claudia-paz.com

 

Article 11 - Guarantees

All products sold on the website have the legal guarantee of conformity provided for articles L. 211-1 and following of the consumer code and the warranty against latent defects provided by article 1641 of the civil code, allowing the user to return the products delivered nonconforming or defective.

In accordance to article L. 211-15 of the consumer code, the relevant provisions of the consumer code and the civil code provisions are reproduced in complete here below:

Article L. 211-4 of the consumer code:

 "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing at the time of delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or carried out under its responsibility. " 

Article L. 211-5 of the Consumer Code:

"To be in accordance with the contract, the property must:

1°) Be suitable for the purpose usually associated with such a product and, where applicable:


- Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;

- Present all qualities that a buyer might reasonably expect given by the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2°) Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter agreed.


Article L. 211-12 of the consumer code : "The action resulting from lack of conformity within two years after delivery of the goods". 

Article 1641 of the civil code : "The seller must guarantee against hidden defects of the thing sold which deemed unsuitable for the use for which it was intended or which diminish this use that the buyer would not have acquired , or would have paid a lower price if he had known".

Article 1648 of the civil code : "The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect".

Warranty is however excluded in case of carelessness, or lack of maintenance on the part of the user, as in the case of normal wear, accident or force majeure and the warranty Claudiapaz is limited to replacement or refund for nonconforming products or given for a vice.

The products sold on the website are in accordance with the regulations in force in France . Responsibility of Claudiapaz can not be engaged in case of non-compliance with the legislation of other countries and that will belong to the user to verify.

 

Article 12 - Liability

1 . Capacity

Any user buying one or more product (s) on the website must be at least 18 years old and legally able to enter or hold a parental authorization to place an order on the website.

2 . Limitation of Liability

Claudiapaz has all stages of order taking as well as the next stages to the conclusion of the contract an obligation of result. However, the responsibility of Claudiapaz will not  be engaged in case of default of its obligations would be due to the user or to unpredictable fact and insurmountable third to the contract, or a force majeure in accordance article L. 121-20-3 of the consumer code. Similarly, the responsibility of Claudiapaz will not be held liable for any inconvenience or damage arising from the use of the Internet, including a descontinuation in service, external intrusion or presence of computer viruses.

 

Article 13 - Protection of personal data

Claudiapaz etablish an electronic file that identifies certain personal data about its customers. When an order placed on the website by any new customer, the database will be enriched with information concerning them which will, there after,  for better knowing their expectations and facilitate assistance services provided by Claudiapaz.

This database has been declared to the CNIL, according to the requirements by the law "Informatique et Libertés" n ° 78-17 of 6 January 1978 , amended by Law No. 2004-801 of 6 August 2004. This statement was registered under number 1759360.

In assumption that the client consent to disclose personal data of a personal nature, would have the individual right of access, withdrawal, correction provided by law, and may in made  remove the information by making a written request to Claudiapaz at the following address : CLAUDIAPAZ , 11 rue de l' Arc de Triomphe - Paris 75017.

Depending on the choices made when creating or consulting their accounts on the internet, users are likely to choose whether they wish to receive offers of Claudiapaz, or be informed of specific operations via email. If a user does not wish to receive these offers anymore, you may at any time make a request by clicking on a web link available on the emails for this purpose, or by changing the account directly on the website.

 

Article 14 - Intellectual property

All elements of the website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. As well, the brands, logos and designs appearing on the website are the exclusive property of Claudiapaz. Disclosure will no be in any way be interpretated as granting any license or right to use any of the trademarks and distinctive elements protected by copyright. They can not be used in prosecution.

Photographs reproduced on the website are the work of ...ans  Antoine Villotte who have consented to the use by Claudiapaz.


Thus, no material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.

However, it is possible to download a copy of the documents on a computer for personal use of the user only for non-commercial purposes, only if the user does not change the information and it keeps intact all copyright and other proprietary notices. The modification of these documents or their use for any other purpose constitutes an infringement of intellectual property Claudiapaz.

The user who has a personal website and wishes to place, for personal use, on its website a direct link to the home page of the website, must request permission to Claudiapaz. It will not be an implicit affiliation agreement.
 

 

Article 15 - General

1 . Partial invalidity

If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and effect.

2 . Non-waiver

The fact that one of the parties not to take advantage of the other partie of a breach of any of the obligations contained in these terms and conditions shall be construed in the future as a waiver obligation in question.

3 . Duration

The general conditions apply through all the duration of the online of the products offered for sale by Claudiapaz until after periods of contractual and legal guarantees. In any case, the clause "Liability" will survive the termination of the terms.

 

Article 16 - Language , applicable law and jurisdiction

These terms and conditions are written in french. In case they are translated into one or several languages, the french version will prevail in case of dispute.

The general conditions are subject to french law. The competent court in case of dispute will be the domicile of the defendant or, at the applicant’s place of actual delivery of the product.

The website complies with french legislation, in no case Claudiapaz gives no guarantee compliance with local laws would apply to you, when you access the website from other countries.