Crée par Oriel Bensimon et Dan Cohen, ELEVENPARIS est une marque parisienne de prêt-à-porter présente sur la scène internationale de la mode depuis 2003...
Terms and Conditions of Use –
Online Retailer elevenparis.com
1. Name of retailer
This site (www.elevenparis.com) is maintained by ELEVEN Paris, a limited liability company [SARL] with assets of 200,000 Euros located at 3, rue Turbigo, 75001 Paris.
French Trade and Companies register [RCS] number: 444907042.
Telephone number: 00 33 (0)1 44 59 69 15.
Intra-community VAT no.: 71444907042.
After sales: email@example.com
Sites hosted by OVH
Site manager: Mr BAUDOT Judicaël
2. General clauses concerning the terms and conditions of use: (Hereafter ‘T & C’)
2.1 Purpose of the T & C
The T & C apply exclusively to the online sale of SARL ELEVEN Paris products on its only retail website www.elevenparis.com. They have been drawn up in French and in the event of any doubts concerning their interpretation, only the French language version shall apply.
2.2 Scope of application of the T & C
The T & C apply exclusively to online sales contracts for SARL ELEVEN Paris (hereafter ‘the retailer’) products with purchasers with consumer status (hereafter ‘consumers’). With the confirmation e-mail, these are the only contractual documents. They may not affect the consumer’s right of withdrawal under any circumstances.
2.3 Availability and effects of the T & C
The T & C are available to consumers at www.elevenparis.com, at the following address: http://www.elevenparis.com/fr/content/3-conditions-generales-de-ventes.
By ticking the relevant box before placing their order, the consumer unreservedly accepts all the T & C.
By confirming their order, the consumer agrees to the T & C in force on the day that the order is placed. The retailer is responsible for conserving and reproducing the T & C.
2.4 Modifications to the T & C
The retailer reserves the right to modify the T & C at any time, in whole or in part, without prior warning and without any obligation to compensate the consumer.
In the event of any modification to the T & C, the applicable T & C are those in force on the day that the order is placed by the consumer. A copy may be provided by the retailer on request.
2.5 T & C divisibility clause
If one of the T & C clauses is rendered void, this does not render the entire T & C void, only the clause deemed unwritten shall cease to be in force.
Temporary or permanent inapplicability of one or more clauses in the T & C by the retailer shall not warrant retailer renunciation of the other clauses in the T & C, which continue to serve the retailer’s interest.
If required, consumers may obtain further information about a product by asking the consumer department.
All products for sale on the site include a description that mentions their main features, in compliance with article L.111-1 of the French Consumer Code [Code de la Consommation].
Consumers who place orders in the absence of any information about a product shall be considered as having accepted it in the condition in which it is delivered.
Photos of products are non-contractual. The actual product may differ, in particular, but not exhaustively, in terms of the actual colour of the product, its material, finishings (fasteners, buttons, stitching etc.). Consumers may not request refunds or exchanges as a result of a slight modification to a product.
Product information is supplied, although they may be subject to typographical error.
4.1 Retail price
In compliance with article L.113-13 of the French Consumer Code, retail prices are stated for all products on sale at www.elevenparis.com in Euros, including sales tax, not including delivery, transport and/or preparation costs. If applicable, these additional costs are stated before confirming the order and are invoiced separately.
The total amount due by the consumer is indicated on the order confirmation page.
The retailer reserves the right to modify its prices, either upwards or downwards, at any time, without warning.
If the price of a product is modified after an order has been placed by the consumer, the retail price is the price in force on the day the order is placed by the consumer.
Items are available for online retail sale to all consumers located in France or one of the member states of the European Union. International delivery is available. Special prices may apply.
Items are available for online retail sale subject to availability (unless a limited period of sale is stated)
Consumers accept the online retail sale using the double click procedure: they click once to confirm their shopping basket and then click a second time to confirm the order summary displayed. This second click then directs them to the secure payment page
6.1 Steps to execute the online retail contract
To place an order, consumers place the items they intend to order in their virtual shopping basket. They select the product in question, state the size, colour (if applicable) and quantity required and then click ‘Add to basket’ or ‘Buy now’.
The customer is then redirected to a page summarising their selections, enabling them to check the order and correct or modify it, if required.
Once the selection has been confirmed, they click on ‘Confirm order’. This second click confirms full and unreserved acceptance of the T & C and constitutes the contract.
The consumer will receives a confirmation e-mail as soon as possible.
The consumer is responsible for providing correct and accurate information when placing the order.
This information must enable the retailer and carrier to fulfil their obligations in the best possible conditions.
This includes the consumer’s e-mail address, full delivery address, full name and phone number.
The retailer shall not be held responsible for erroneous, missing or incomplete information provided by the consumer, notwithstanding the legal protection offered to the consumer in terms of hidden defects or commercial guarantees.
6.2 Order modification
Any modification to the order by the consumer after confirmation is subject to retailer acceptance and the availability of the products in question.
Requests for modification can only be accepted before the order is prepared. In general, preparation requires 24 hours but this duration may be less and cannot be guaranteed.
The retailer is under no obligation to accept a late request for modification (received after the order has been prepared)
6.3 Order confirmation
The retailer reserves the right to refuse any order for legitimate reasons. For instance, an unusually high quantity of items given the purchaser’s consumer status may justify refusal of the order.
The retailer reserves the right to refuse any order from a consumer involved in litigation (ongoing or resolved).
In the event of refusal, the consumer will be fully reimbursed within a reasonable period of time.
6.4 Unavailability of ordered products
If one or more products in an order is unavailable, the retailer shall inform the consumer within a reasonable period of time and suggest a product of an equivalent quality and price. The consumer may select a refund or voucher to be used on the site.
The sales contract is concluded following the consumer’s double click to confirm their order.
The time and date of this double-click is recorded digitally by 1&1, our website host. The consumer accepts the recording provided by 1&1 in the event of litigation, to the exclusion of any other form of digital time recording.
All communication, order forms and invoices are archived on SARL ELEVEN Paris servers hosted by 1&1. They constitute a true and durable copy as defined in article 1348 of French Civil Code. These elements may be provided as proof of contract.
The contract may be terminated by the retailer in the following circumstances:
- Consumer refusal to accept delivery of the products ordered
- Package returned to carrier due to incorrect information provided
- Non-payment of the price (without prejudice to any legal proceedings taken against the consumer)
In all of the aforementioned circumstances, the amount of any payments made remains the property of the retailer, as compensation.
Following receipt of the products, the consumer is entitled to a legal withdrawal period of seven days, without having to pay any penalty or provide any justification for the withdrawal.
Any return postage costs shall be covered by the consumer.
To exercise this right, the consumer must e-mail the consumer department at firstname.lastname@example.org. This e-mail must include the order number, customer’s full name and any other practical information.
Following this request, the consumer will be allocated a return number. This return number is mandatory, any package received without a return number cannot be accepted by our warehouses.
The consumer returns products to the retailer with this return number.
The consumer is refunded within 30 days of the date of product receipt, provided that the products arrive on the retailer’s premises in their original packaging, with no parts missing, in perfect condition, labelled, unworn, unwashed, together with the original invoice and return form. Any return not complying with these criteria shall not be accepted and the product shall be returned to the consumer.
All risks incurred by returning the product shall be borne by the consumer. The consumer is responsible for taking all the necessary measures to ensure the product’s safe return (packaging, protection). In the event of a return without signature, not received by the retailer, the consumer is responsible for providing proof of receipt of the product.
This proof of receipt is required for any refund. No refund will be issued if the returned product does not reach the retailer’s premises.
For this reason, we strongly recommend that all consumers returning a product request registered, signed-for delivery with declared value of the product and insurance. Proof of delivery is then constituted by an official ELEVEN Paris stamp on the registered delivery form or by the Returns manager’s signature.
Payment is required in full after confirmation of the order.
Payment is made via an independent secure platform:
- Either through the CIC group’s secure site
- or via PayPal
In both cases, the consumer’s bank details cannot be accessed by the retailer. They do not pass through any of the company’s servers. Only trusted third parties responsible for data encryption (CIC and PayPal) process this information digitally to ensure complete transaction security and optimum protection of bank details.
The retailer shall hand the products over to its carrier within 7 working days following receipt of full order payment. This period shall be 10 working days for the following periods: summer and winter sales, ‘flash’ sales promotions and private sales, the Christmas period (1st December to 10th January)
Late deliveries due to external causes shall not justify claims for compensation or compensation payments from the retailer.
Products are delivered to the address indicated by the consumer on the order form.
Consumers who accept a product without expressing concerns to the carrier shall be considered as having accepted the delivery. The consumer therefore loses all right to make a complaint concerning delivery.
In the event of damage to or partial loss of the product, the consumer must state their reservations on the delivery note on receipt, a copy of which is sent to the retailer and, within three days following this receipt, inform the carrier of these reservations by recorded delivery with acknowledgement of receipt in compliance with article L. 133-3 of French Commercial Law.
If the product does not comply with the order, the consumer must register a complaint with the retailer in order to obtain a replacement or terminate the sale, if applicable.
All products supplied by the retailer benefit from the legal guarantee of compliance as stipulated in articles L. 211-4 to L. 211-14 of the French Consumer Code and the legal guarantee for hidden defects as stipulated in articles 1641 to 1649 of the Civil Code.
As part of the guarantees, the retailer shall refund or exchange defective products, or items that do not correspond to the order, at the consumer’s request.
After Sales service
Complaints concerning guarantees must be addressed to Consumer Services: from 10.00 am to 12.00 pm and 2.30 pm to 6.00 pm on Mondays, Wednesdays and Thursdays. You can contact the After Sales team on+33 (0)1 44 59 69 15
You can also contact the After Sales team by e-mail at the following address: email@example.com
The retailer cannot be held liable in the event of non-execution or improper execution of the contract caused by the buyer, an uncontrollable and unforeseeable third-party event, or an act of God.
In addition, the retailer is covered by a best efforts clause, its obligations are deemed complete once the package containing the consumer’s order has been handed over to the carrier. The retailer can therefore not be held liable for non-delivery of the product.
The slip confirming deposit of the package with the carrier, signed for by the carrier, is proof of the transfer of responsibility.
In all cases where the consumer fails to fulfil their obligations, the payment made in advance on ordering will remain the property of the retailer as a penalty.
13. Termination clause
Termination of the order under the circumstances stipulated by these T & C will be declared by registered letter and come into force without recourse to legal proceedings.
14. Intellectual property
The elements reproduced on this site, which are the exclusive property of the editor, are protected by copyright, brand and patent rights. All rights to text and images on the retailer’s online site are protected around the world by copyright and intellectual property rights; their reproduction, even in part, is strictly prohibited. This includes these general conditions of sale
Legal proceedings shall be taken against any reproduction or distribution of these elements, without prior written authorisation from the editor.
15. Personal data
The collection of personal data, its use for processing orders and compiling customer databases and its distribution to third parties responsible for order execution and payment, is subject to the permission of the person concerned.
Personal data is processed and conserved by the editor for the sole purpose of order administration and commercial relations, and is subject to a declaration to the ‘Commission Nationale Informatique et Libertés’ [National IT and Freedoms Commission].
The consumer has the right to access, modify, correct and delete their personal data at any time.
Personal data supplied by customers are not made available to third parties. Personal data are included in the ELEVEN customer database, unless the customer expressly opposes this inclusion.
In compliance with French law 78-17 of 6 January 1978, the consumer has the right to access and rectify their personal data at any time. To exercise this right, the customer must contact the company’s customer service department by e-mail, phone or letter.
16. Litigation settlement, mandatory prior conciliation clause
In the event of litigation between the retailer and consumer, the consumer shall launch a conciliation procedure directly with the retailer in order to settle the litigation without recourse to third-party intervention.
This procedure replaces any other form of existing litigation settlement for a duration accepted by the customer of 30 working days.
Complaints must be addressed to customer services: firstname.lastname@example.org
If a complaint is rejected by the customer services department or if no response is received from this department within a period of two months, the consumer can submit the dispute concerning the order form or these T & C, as the source of their confrontation with the retailer to an arbitrator who will endeavour, independently and impartially, to bring both sides together to find an amicable solution.
The sole arbitrator selected by the parties is Vanessa Bouchara, 11 rue Marbeuf 75008 Paris.
Both contracting parties remain free to accept or refuse recourse to arbitration and, in the event of recourse to arbitration, to accept or refuse the solution proposed by the arbitrator.
18. Area of jurisdiction
For litigation concerning an order placed on the online retail site www.elevenparis.com or for any litigation relating to these T & C, the competent tribunal will be the defendant’s local tribunal.
19. Applicable law
This contract and the related T & C are subject to French law.
Reproduction of articles, the display of which is mandatory:
Article L211-4 of the French Consumer Code
The retailer shall deliver a product that complies with the contract and is responsible for compliance faults that exist on delivery.
The retailer is also responsible for compliance faults resulting from the packaging, assembly instructions or installation when this is part of the contract or when completed under its responsibility.
Article L211-5 of the French Consumer Code
To be contractually compliant, the product must:
1° Be fit for the purpose usually expected from this type of product and, where applicable:
- match the description provided by the retailer and possess all the qualities that the retailer has presented to the purchaser in the form of a sample or model;
- feature the qualities a purchaser may legitimately expect in view of the public declarations made by the retailer, the producer or its representative, particularly in publicity or labelling;
2° Or offer features defined jointly by the parties or be fit for any special purchaser purpose, presented to the retailer and accepted by the latter.
Article L211-12 of the French Consumer Code
Actions resulting from non-compliance lapse after two years from the date of delivery of the product.
Article 1641 of French Civil Code
The retailer is bound by the guarantee in terms of hidden defects in the object sold, rendering it unfit for its intended purpose, or restricting this purpose to such an extent that the purchaser would not have purchased it or would have paid less for it, had these defects been known.
Article 1648 of French Civil Code
The action resulting from material defects must be taken by the purchaser within a period of two years from the date the defect was discovered.
As stipulated by article 1642-1, the action must be submitted within the year following the date upon which the retailer may be discharged of apparent flaws or non-compliances under penalty of foreclosure.