These general terms of sale (the “Terms of Sale”) are applicable to the offer for sale and sale of products (“Products”) on the website www.pauleka.com (the “Website”) by Paule Ka, a société par actions simplifiée with a share capital of 207,000 euros, whose registered office is located 223, rue Saint-Honoré 75001 Paris, incorporated under no. 302 077 987 at the Paris Companies Register and whose TVA registration number is FR 27302077987 (the “Vendor”, “we”, “our” or “us” ).
You will be asked to confirm that you have read and understood these Terms of Sale and that you accept them without reserve or restriction prior to placing an order for Products on the Website (an “Order”).
These Terms of Sale are available in English and French. You should keep a copy of these Terms of Sale. Click here to print or download .
  1. 1.DEFINITIONS

    The terms and expressions hereafter shall have the following meaning:

    “Customer”: person acting as a consumer purchasing Products outside the course of his or her business or professional activity;
    “Order”: demand for Products by the Customer;
    “Party”: the Customer or the Vendor;
    “Product”: any product offered for sale on the Website.
  2. 2.DURATION AND ENTRY INTO FORCE

    2.1
    The Terms of Sale shall apply to all Orders placed on the Website, as explained in Article 5.
    2.2
    The Terms of Sale shall endure for the time necessary for the provision of the Products and until the expiry of any guarantees owed by the Vendor.
    2.3
    You are also deemed to have accepted our Terms of Use , which form part of the present Terms of Sale.
  3. 3.TERRITORY

    3.1
    We deliver Products to France (except Overseas Departments and Territories), the United Kingdom, Germany, Belgium, Spain, Austria, Luxemburg, Netherlands, Finland, Ireland, Italy, Portugal, Cyprus, Estonia, Malta, Slovakia, Slovenia.
    3.2
    If you wish to have Products delivered to another location, please contact our Customer Service at serviceclient-eshop@pauleka.com .
  4. 4.ESSENTIAL DETAILS AND PRICE

    4.1
    The essential details and respective prices of the Products are available on the Website. Click here to return to the online shop and check the characteristics of the Product(s) of interest to you.
    4.2
    We may change the description and/or prices of Product(s) (as shown on the Website or in marketing or other emails or material sent by us) from time to time, as indicated in Article 12.4. Such changes shall not affect Orders which have already been placed.
    4.3
    All prices on this Website are shown in Euros, or British Pounds if shipping products to the United Kingdom.
    4.4
    All prices are inclusive of any payable taxes. Delivery charges are indicated in Article 7 below and notified to the Customer within the Order process.
  5. 5.ORDERS

    Placing an Order

    5.1
    If you are willing to order on the Website, your order will be processed as follows :
    • Once you have chosen a product, click on the “Add to Cart” button to place this product in your shopping bag. The shopping bag will contain the reference of the selected Product, its name, size, colour and price;
    • You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected in the Shopping Bag;
    • You will then be invited to log into your account on the Website. If you are placing an Order for the first time, you will first need to open a customer account and provide the personal information necessary to process the Order and the delivery of the Product(s). You warrant that all personal information given to Paule Ka is true and correct. Please refer to our Terms of Use for more details about how and how long we may use or keep your personal information;
    • Then, complete your Order by selecting a delivery mode, delivery address and billing address; these must be located in one of the countries located in Article 3;
    • You will be invited to review the selection of Products, their total price (including delivery costs and taxes) and information regarding delivery. At this stage, you will be able to correct any errors and/or modify your Order;
    • When you have completely reviewed your order, first check the box next to “I accept the Terms and Conditions” to indicate your agreement to be bound by these Terms of Sale and then, click on the “Place order now” button on the Website to place your order;
    • Follow the instructions on the secure payment server in order to pay.

    What happens after you have placed an Order

    5.2
    You will receive an email confirming the Order, the details of the Order, the payment and information on delivery, and a copy of the Terms of Sale. This email will be sent to the contact address provided in your Customer Account (your “Contact Address”). Please carefully review the Terms of Sale upon receipt.
    This acknowledgment of receipt will contain a reference number assigned by Paule Ka for your Order (the “Order Reference”). Please make sure that you save the Order Reference for any future enquiries regarding your Order.
    This acknowledgment of receipt is not an acceptance of your Order. Following its transmission, Paule Ka will conduct various checks as exposed in Article 5.4 and 5.5 and then process your Order.
    5.3
    If you do not receive any emails from us after placing an Order, this may be due to a temporary communication problem in the network or to a spelling mistake in the email address. In both cases, you are advised to contact our Customer Service by any one of the means provided in Article 10.
    5.4
    Please note that we may not always be able to fulfil your Order due to possible errors on our Website regarding e.g. the availability of the Products or their price. If we cannot supply you with the Product(s) you have ordered, we will not process your Order and you will not be charged for it. We will inform you of this by email sent to your Contact Address. If you have already paid for the Product(s) and you do not wish to order replacement Product(s), we will refund you in full as soon as reasonably possible and within 30 days at the latest.
    5.5
    We are entitled to refuse any Order which does manifestly not appear genuine or is made in bad faith, such as Orders in quantities that are inconsistent with non-commercial purposes or Orders placed by a Customer with whom a dispute related to the payment of a previous Order exists.
    5.6
    The details of your Order will be available, with those of your prior Orders if any, in the section “My Orders” of your Customer Account.
    5.7
    All Products that you order through the Website will remain the property of Paule Ka until we have received payment in full from you for those Products. Paule Ka assumes the risks and liabilities for the Product(s) you order (including risk of loss and/or damage to the Product(s)) until they are delivered to you.
  6. 6.PAYMENT

    6.1
    We accept payment by credit or debit card (Visa, MasterCard and AMEX).
    6.2
    Without prejudice to your right of withdrawal provided in Article 8 hereafter, payment by credit or debit card is irrevocable. By communicating data related to your credit or debit card and accepting payment, you authorise the debit of your bank account for an amount corresponding to the total price of the ordered Product(s), including the relevant delivery charges.
    6.3
    If the payment is refused by your payment service provider, the Order will be automatically cancelled and the online sale will be terminated. This will immediately be displayed online. You will not receive the acknowledgement of receipt of your Order referred to in Article 5.2.
    6.4
    We use the following secure payment server to process payments received from you: Paybox.
  7. 7.CONFIRMATION OF ORDER BY PAULE KA AND DELIVERY

    7.1
    You will be asked to provide a delivery address. Your delivery address must be located in one of the countries referred to in Article 3 above.
    7.2
    You will also be asked to choose one of the types of delivery available on the Website when placing your Order. Estimated delivery dates for each of the types of delivery will be displayed.
    7.3
    The amount of the delivery costs vary depending on the type of delivery chosen by the Customer and the country of destination as follows:

    France (except Overseas Departments and Territories): Free.

    Germany, Austria, Belgium, Spain, Luxemburg, Netherlands, United Kingdom :

    Standard delivery: €15 or £15
    Express delivery: €20 or £20

    Finland, Ireland, Italy, Portugal, Cyprus, Estonia, Malta, Slovakia, Slovenia :

    Standard delivery: €25 or £25
    Express delivery: €30 or £30
    7.4
    Upon shipment of your Order, Paule Ka will send you by e-mail to your Contact Address a Confirmation of Order, confirming the expected delivery date.
    The Confirmation of Order constitutes the acceptance of your order by Paule Ka and indicates the existence of a binding sales contract.
    7.5
    We will inform you by email to your Contact Address of any delay in the delivery of the Order and you will then be entitled to request the cancellation of the Order, by following the process indicated in the email.
    7.6
    You are entitled to check the delivery status of your Order by accessing the dedicated section of your Customer account on the Website entitled: My Account.
    7.7
    We recommend that you examine the packaging and Product(s) contained inside the parcel for any signs of damage upon receipt. If you receive Product(s) that are damaged or incorrectly supplied, please inform us by any of the means proposed in Article 10. You should return any Product(s) to us at the address specified in Article 8.3 below as soon as reasonably practicable after informing us that Product is damaged or has been incorrectly supplied. We will refund the amount you paid, plus standard return delivery costs as exposed within the delivery that we offer (see Article 7.3), in accordance with Article 8 below.
  8. 8.RIGHT OF WITHDRAWAL

    8.1
    You are entitled to withdraw from this agreement without giving any reason within fourteen days. The withdrawal period expires fourteen (14) days after the day you or a third-party you designate - other than the carrier - takes physical possession of the property (or the last item in the case of an order covering several Products).

    To exercise this right of withdrawal, you must notify:
    PAULE KA
    Service Client
    223 rue Saint Honoré 75001 Paris
    Fax: +33 (0)1 40 29 00 03

    of your decision to withdraw from this agreement by sending an unequivocal statement (e.g. letter sent by mail, fax, or email). You can use the draft withdrawal form sent at the time of the order but this is not necessary.To ensure compliance with the withdrawal period, you only need to send your notification regarding the exercise of the right of withdrawal prior to the expiration of the withdrawal period.

    Effects of withdrawal

    8.2
    In the event of your withdrawal from this agreement, we will refund all payments received from you, including shipping (excluding additional charges stemming from your choice, if any, of a means of delivery other than the cheapest standard delivery method we offer), without undue delay and, in any event no later than fourteen (14) days from the day we have been informed of your decision to withdraw from this agreement.
    8.3
    We will carry out such refunds using the same payment method you used for the initial transaction, unless you give your express consent to a different means of payment; in any event, you will not incur any fees for this refund.
    8.4
    We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, with the date being the earliest of these two.

    You must return the goods to the following address:
    C log – Harbour
    ZAC Paris Oise
    BAT C cellule 1, 2, 3
    60126 Longueil Sainte-Marie
    France

    without undue delay and in any event no later than fourteen (14) days after you have contacted us regarding your decision to withdraw from this agreement. This period is deemed to have been met as long as you return the goods before expiry of the 14-day period.
    8.5
    You will be required to bear the direct cost of returning the goods. Such costs will be repaid to you only in the event the product is defective or does not match your initial order (on the basis of the standard rates offered by us in article 7.3.).
    8.6
    You must return the unused and undamaged products along with their labels, accessories, parts and all their marked packaging and protections in order to allow us to offer them for resale. Whenever possible, we would appreciate it if you would also send us any unmarked packaging and protections which might have been sent with the products.
    8.7
    You shall be liable only for depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
  9. 9.EXCHANGES

    9.1
    Exchanges are not possible on the Website unless the product received is faulty or does not correspond to the original order. You may then request an exchange of the Product(s) delivered to you, but you must do so within thirty (30) days of their date of delivery and follow the conditions and process set out in Article 8 above.
    9.2
    Should you with to order another product or a similar product with different attributes (size, colour…) you will need to place a separate order.
  10. 10.CUSTOMER SERVICE

    You can contact our Customer Service by the following means:

    Any questions, comments or complaints you may have shall be addressed to this service.

  11. 11.YOUR LEGAL RIGHTS / LEGAL GUARANTEES

    Please note that nothing in these Terms of Sale is intended to affect the statutory rights you benefit from in your country of residence. These rights include :

    (li)
    that any Products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
    (ii)
    certain remedies if Products are defective;
    (iii)
    a right to cancel within a specified period and receive a full refund even if they are not defective, as provided under Article 8.

    We remind you that you also benefit from the legal guarantee of the latent defects in application of articles 1641 and following of the French civil code, and from legal conformity guarantee in application of articles L.211-4 and following of the French Consumer Code.

    “Legal guarantee of conformity” (excerpt from French Consumer Code)

    Art. L.211-4. “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

    Art. L.211-12. “Action resulting from lack of conformity lapses two years after delivery of the product.”

    Art. L.211-5. “To conform to the contract, the product must:

    1.

    Be suitable for the purpose usually associated with such a product and, if applicable:

    • correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
    • have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
    2.

    Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

    “Of Warranty against the Defects of the Thing Sold” (excerpt from French Civil Code)

    Art. 1641. “A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

    Art. 1648 .1st § “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice."

  12. 12.GENERAL

    12.1
    The Terms of Sale, including the Terms of Use referred to here in, constitute the entire agreement between you and Paule Ka regarding your purchase of Products through the Website, and supersede any prior conditions of sale.
    12.2
    In the event that any provision of the Terms of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Terms of Sale shall not be affected.
    12.3
    If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.
    12.4
    We are constantly looking for new ways to improve this Website. We therefore reserve the right to amend the Terms of Sale at any time, to reflect changes in the applicable legislation or to the products and services offered on the Website. All such changes will take effect once they have been posted on the Website and each time you place an Order you will be asked to accept the Terms of Sale in force at the time of placing your Order. The Terms of Sale applicable to any Order you have placed are those effective at the date of you placing the Order.
    12.5
    Any dispute between us concerning the interpretation or performance of these Terms of Sale and/or any Order shall be subject to French law plus any applicable consumer protection laws of the country in which you reside and any court proceedings may be brought within the courts of France or those of your country of residence, provided this a country where we deliver.
    Any dispute between us concerning the interpretation or performance of these Terms of Sale and/or any Order shall be subject to French law plus any applicable consumer protection laws of the country in which you reside and any court proceedings may be brought within the courts of France or those of your country of residence, provided this a country where we deliver. We inform you that in case of dispute, you can resort to a contractual mediation procedure or to any alternative dispute resolution method.

PAULE KA POLICY ON THE PROTECTION OF PERSONAL DATA ON ITS WEBSITE AND ITS SOCIAL MEDIA OUTLETS

 

PAULE KA attaches considerable importance to the protection of the privacy and personal data of its potential or existing clients. For PAULE KA, the extent of this protection contributes to the quality of its services and products.

The purpose of this Policy is to define and explain how PAULE KA collects, processes and protects your personal data, in compliance with the European General Data Protection Regulation (Regulation (EU) 2016/679, or “GDPR”), when you browse the PAULE KA website, use its applications or when you purchase PAULE KA products via the PAULE KA website.

This Policy applies to both the PAULE KA website and to the applications that include a link to said website.

 

1 – THE DATE CONTROLLER

The publisher of the PAULE KA website is PAULE KA, a French simplified joint-stock company (société par actions simplifiée), with capital of €2,500,000, having its registered office at 223 rue Saint Honoré, 75001 Paris, registered with the Paris Trade and Companies Register under the number 302 077 927.

The PAULE KA websites, applications and other digital platforms are hosted by AGENCE SMILE, 2 boulevard Jean Jacques Bosc, 33130 Bègles. PAULE KA may also disclose information to its affiliates, in accordance with the guarantees provided for by this Policy.

All the sales generated via this website’s online store are made by PAULE KA, and all the marketing communications are sent to you by PAULE KA.

If you wish to contact PAULE KA or its Data Protection Officer (DPO), you can send an email to the following address: dpo@pauleka.com or call the following number: 01 40 29 80 31.

 

2 – THE PERSONAL DATA COLLECTED AND THE COLLECTION METHOD

 
Personal data is defined as any information concerning an individual who is or who can be identified, directly or indirectly, via reference to an identification number or to one or more pieces of data that are specific to him/her such as his/her surname, his/her first name, his/her date of birth, his/her client number or order number, his/her photo, etc.


PAULE collects the following personal data:

 

2-1 Direct collection:

This is information that is collected online on our website or on other digital platforms and applications, or in-store (e.g. when creating an account, registering for the PAULE KA Newsletter, placing an order, or making in-store purchases);

When said data is collected the obligatory fields are marked with asterisks. If the fields marked with an asterisk are not filled in, this can prevent you from accessing our products or services.

2-2 Indirect collection:

PAULE KA also collects, this time indirectly, information that concerns you when you browse the PAULE KA website, its applications or other digital platforms.

Collecting this information is necessary for the smooth technical operation of the PAULE KA website, for the quality of your browsing experience and to enable PAULE KA to carry out analyses in order to be in a position to provide you with the best possible service and to personalise the services that are offered.

The information that is collected indirectly includes:

-        Technical information that is associated with your browsing of the PAULE KA websites, for login purposes and the identification of your country/city via geolocation (e.g. IP address and cookies);

-        Information concerning your online profile and data concerning the use of the website (e.g. tracking of your browsing of the website, saving of products that are placed in the shopping basket);

-        Personal data that is collected via media and social media platforms (e.g. when you follow PAULE KA pages on social media, personal information that is designated as being public and that can be seen by everyone on your profile on said social media).

 

3 – THE REASONS FOR COLLECTING THIS PERSONAL DATA

This processing of your personal data is necessary for us to comply with the laws and regulations that are applicable to our sector of activity and to sales.

This processing is also a vital tool for the performance of the sale contract that is entered into with our clients, as well as for making available to our potential or current clients, a website, applications or any other online service that makes it possible to support and enter a sale contract.

This processing of your personal data is necessary for the proper functioning of PAULE KA, the activity of which involves making sales and providing you with quality, personalised products, service and after-sales service. PAULE KA therefore has a legitimate interest in being able to carry on its business activity and provide a quality of service that is high and personalised.

PAULE KA may use your personal data in order to:

-        Enable you to browse the PAULE KA website and access your client account;

-        Enable you to obtain information on our products and services;

-        Enable you to purchase PAULE KA products in our PAULE KA stores and other points of sale;

-        Enable you to access our after-sales services;

-        Offer you personalised services that take into account your needs and preferences;

-        Obtain your opinion on our PAULE KA products and services;

-        Make it possible to generate statistics and carry out financial and commercial studies;

-        Keep you apprised of our latest collections, campaigns and events by sending you PAULE KA communications (by email, by letter or by SMS and via third party social media);

 

4 - THE PROTECTION OF THIS PERSONAL DATA

4-1 At PAULE KA

Your personal data will only be accessible to the employees who need to be aware of it in order to carry out their assignments. These employees will have to obtain authorisation and use a secure connection to the processing.

Thus, if you are a current or potential client of PAULE KA, only the PAULE KA employees who work in the teams that need to hold your information and that process this information (the employees of the E-commerce and Retail teams that are in charge of Client Relations,) will have access to your personal data;

4-2 Outside of PAULE KA

Your personal data will not be disclosed to third parties, except to other PAULE KA entities, for the aforementioned purpose, and to service providers (e.g. maintenance, security and IT assistance service providers, hosts, payment service providers, etc.) that are acting on behalf of PAULE KA, on the basis of secure contractual agreements that include strict data protection obligations.

PAULE KA may also be compelled to transfer personal data to third parties if the empowered authorities ask it to do so, in accordance with the laws and regulations in force.

In the event of a merger or sale, your personal data will be transferred definitively to our successor.

4-3 In the event of transfers abroad

All transfers of data outside of your country will be regulated by appropriate contractual guarantees, which will also comply with the applicable laws and regulations: PAULE KA undertakes to take into consideration the requirements of the laws and regulations in force prior to any transfer of your data abroad, in order to ensure the highest level of protection and security. 

Data transfers between PAULE KA entities will ultimately be governed by agreements between the various PAULE KA entities, in order to ensure a level of protection of personal data that is uniform and optimal.

 

5 - STORAGE OF PERSONAL DATA

In order to ensure that you receive quality, personalised services, PAULE KA needs to store your personal data as long as necessary in order to be able to provide said services.

Consequently, your personal data will be stored until your last use or your last purchase of our products or services, and in principle for three years thereafter.

The cookies managed by PAULE KA are stored for up to one month.

 

6 - THE RIGHTS OF CLIENTS AND POTENTIAL CLIENTS:

You have various rights in order to ensure better protection and control of the use of your personal data:

-        A right to information: you have the right to be informed of the way in which your personal data is processed.

-        A right of access and of rectification: you have the right to obtain confirmation of whether the personal data that concerns you is processed or not and, as applicable, to access said personal data and to obtain a copy thereof. You have a right to rectify your personal data in order to correct, update or complete it.

-        A right of erasure: in certain cases, you have the right to obtain the erasure of your personal data. However, this is not an absolute right, and PAULE KA may have legal or legitimate reasons to store said data.

-        A right to restrict data processing: in certain cases, you have the right to obtain a restriction on the processing of your personal data.

-        A right to data portability: you have the right to receive the personal data that you provided to PAULE KA in a structured, commonly used, machine-readable format, and you can transmit said data to another data controller without PAULE KA being to prevent this. This right only applies if the processing of your personal data is based on your consent or on the performance of a contract and if this processing is carried out using automated methods.

-        A right to object to the processing: you have the right to object to the processing of your personal data for marketing purposes at any time.

For the exercise of these rights, you must notify PAULE KA by contacting the PAULE KA Data Protection Officer and by providing the following information: first name, surname, e-mail address or any other information that is necessary to confirm your identity and to enable us to process your request, such as your postal address, for example.

You can also decide to stop receiving our Newsletter at any time by following the procedure below:

Contact the client service department by calling +33 1 73 01 45 71 or sending an email to serviceclient.eshop@pauleka.com and asking to stop receiving the newsletter.

You can also file a complaint with the relevant regulatory authorities in the event of a breach of the laws and regulations on data protection that are in force, in particular the GDPR, but also any other national or regional law on data protection that concerns you.

 

7 - COOKIES

Cookies are files that store small quantities of data linked to your use of the website (including your IP address) on your computer’s hard drive. The data collected by the cookies used on the website is anonymous and does not include personal data.

The cookies generated by our server enable us to monitor traffic on the website, identify the main interests of visitors and adapt the personalisation of the website accordingly. By storing information on your previous visits, they also help you to access the website more quickly and more efficiently.

Most browsers accept the use of cookies by default and by accessing the website, you consent to this use.

You may nevertheless change your browsing parameters in order to control the use of cookies or prohibit them. If you choose this option, you should note that the website may not function correctly, and may not even function at all. The ways to change these parameters vary with each browser (such as Internet Explorer, Firefox, Safari, etc.) and we suggest that you consult the “Help” menu of your browser for all additional information.

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