© Isabella Obrist 2022
GENERAL TERMS OF SALE
1 – GENERAL CLAUSE
The Customer declares that he/she has read the general terms and conditions of sale of the company PVH prior to placing his/her order and accepts them without reservation. These GTC establish the contractual conditions applicable exclusively to any consumer (the “Customer”) making an online purchase on the petitventreheureux.fr website, to the exclusion of any sale to professionals. The Customer acknowledges that these GTC are made available to him/her in a manner that allows them to be preserved and reproduced in accordance with article L.1127-1 of the French Civil Code.
2 – CREATION OF A CUSTOMER ACCOUNT
The customer must be a natural person of legal age and have the legal capacity to conclude a purchase transaction on the internet. The purchase of PVH products on the site is subject to the creation of a customer account containing the elements necessary for identification. PVH declines all responsibility for false or erroneous information.
3 – ORDERS
In accordance with Article L.1127-2 of the French Civil Code, the Customer may view the details of his/her order with the total price due and correct any errors, before expressing his/her acceptance of these GTC, confirming his/her order and committing to payment. No order can be placed without the Customer having validated his unreserved acceptance of the GTC. A confirmation e-mail acknowledging receipt of the order and containing all the order and payment information will be sent to the Customer as soon as possible.
4 – PRICE
The products are supplied at the current prices indicated on the site at the time the order is taken. The prices are expressed in euros including VAT. The cost of delivery is invoiced in addition to the rate indicated on the site.
5 – INVOICING
An invoice is drawn up for each order and sent to the Customer as soon as the order and its payment are recorded.
6 – PAYMENT
Payment for any order is made by credit card (Carte Bleue, Visa, Mastercard) by following the instructions on the screen. The payment site is secure. The total amount of the order is debited from the credit card at the time of registration of the credit card data, if necessary following provision of the authorisation code by the Customer’s bank. The order will be processed once payment has been received, it being remembered that the payment order cannot be cancelled and that all payments are irrevocable, without prejudice to the Customer’s right of withdrawal.
7 – RIGHT OF WITHDRAWAL
In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days to exercise his right of withdrawal, without having to give reasons for his decision. To do so, the Customer must send to PVH, by email to the address; isabella.obrist@petitventreheureux a request expressing his or her wish to exercise his or her right of withdrawal from the sale, including the reference of the order, and proceed to return the products concerned at his or her expense. The sums paid by the Customer will be reimbursed as soon as PVH receives the products, provided if they are unopened, in perfect condition and in their original packaging, by means of a cheque sent to the postal address of the Customer.
8 – DELIVERY AND RETURNS
Deliveries are made to the Customer’s home or to the nearest relay bridge, at the Customer’s choice. Delivery times are indicative, depending on the possibilities of supply and transport. Exceeding the delivery time indicated shall not give rise to damages or to the cancellation of orders in progress, except where the delivery time is exceeded by more than 30 days, in which case the Customer may cancel the sale and obtain a refund. Furthermore, the seller is released from his obligation to deliver in cases of force majeure, including: war, riot, fire, strikes, accidents, and the impossibility of being supplied. The site offers a tool for tracking orders and the status of the delivery in progress. In the event of damage, loss, or shortage, it is up to the Customer to inform PVH by message on the site, confirmed by registered letter with acknowledgement of receipt, at the latest within 48 working hours of receiving the goods. It is the responsibility of the Customer to provide any justification as to the reality of the defects or anomalies found. In the event of duly confirmed non-conformity of the products delivered, the Customer may obtain a free replacement or reimbursement of the products, at his or her choice, to the exclusion of any compensation or damages.
9 – PERSONAL DATA
The Customer is informed that during his or her browsing and in the context of the order, personal data concerning him or her is collected and processed by PVH as the data controller. This processing is the subject of a declaration to the National Data Protection Comission (CNIL) in application of law no. 78-17 of 6 January 1978. These data are used for the processing of the order and are not intended to be passed on to third parties. The Customer has the right to object to personal data concerning him being processed. He has the right to object, free of charge, to the use of his data for canvassing purposes, especially for commercial purposes. The Customer, if he can prove his identity, has the right to ask PVH to rectify, complete or delete personal data concerning him that are inaccurate, incomplete or whose collection, use, communication, or storage is prohibited.
10 – APPLICABLE LAW – DISPUTES
These GTC are subject to French law. Any dispute or litigation will first be submitted to the PVH customer service department for an attempt at an amicable settlement. If this fails, the Customer may contact the National Association of Mediators either by post at 62 rue Tiquetonne, 75002 Paris, or by email by filling in the online referral form at www.anm-conso.com. If amicable attempts fail, the dispute will be submitted to the competent judicial court under the conditions provided by law.