Terms & Conditions

TERMS AND CONDITIONS

ARTICLE 1: PREAMBLE

  • PALEM offers for sale on its Site, Textile Products and fashion accessories manufactured by it or on its behalf.
  • All the Products that PALEM offers for sale are subject to availability.
  • These General Terms and Conditions of Sale govern the terms and conditions of delivery of the Products ordered on the Site. They may be modified at any time, and will apply to future orders.



ARTICLE 2: DEFINITION

For the purposes hereof, the terms reproduced hereunder, when capitalized, shall have the following meanings:

- Customer": refers to the User of the Site who has placed an Order;
- "User Account": personal space created following Registration, and accessible on the Site;

- "General Terms and Conditions of Sale" or "GCS" or "Order": sales contract concluded between the User and PALEM under the terms of which :

-PALEM undertakes in particular to deliver the Products ordered; -the Customer undertakes in particular to pay the price.

- Personal Data" or "PCD": any information relating to a natural person identified or identifiable according to the Data Protection Regulations;

- " Registration ": refers to the online process that natural persons must follow in order to create a User Account;

- "PALEM": means the legal entity that operates the Site;

- "Data Protection Regulations": all the provisions of Law No. 78-17 of January 6, 1978 "relating to data processing, files and freedoms" (the "LIL"), the General Data Protection Regulations No. 2016/679 of April 27, 2016 (known as "RGPD"), and other specific provisions applicable in terms of data protection;

- Product(s)": textile products and fashion accessories offered for sale on the Site;
- PALEM Site" or "Site": refers to the website operated by PALEM, accessible at the following address "
https://www.palem-brand.com/";
- "User": Refers to the visitor to the Site, whether or not he has a User Account;

ARTICLE 3: PURPOSE

The present General Terms and Conditions of Sale govern the contractual relationship between PALEM and its Clients with respect to the Products that have been the subject of an Order on the Site.

These GCS apply exclusively to Customers who are consumers within the meaning of the introductory article of the French Consumer Code.

The Customer's unreserved acceptance of these GCS in their version in force on the day of purchase is a necessary prerequisite for the conclusion of each Order.

ARTICLE 4: ENTRY INTO FORCE - DURATION

The GCS, which define the terms and conditions of online purchases, are concluded under the resolutory condition of non-incidental collection of sums due to PALEM. The GCS come into force from the moment that PALEM has received full payment of the said sums, until the delivery of the Products.

In the event of a payment incident of any kind, the order will be rejected and the Customer, who will then - retroactively and by right - not be bound by any contractual relationship with PALEM, will not be able to claim any compensation from the latter, on any grounds whatsoever and on any basis whatsoever.

ARTICLE 5: DESCRIPTION OF PRODUCT SERVICES

PALEM provides Users, prior to any Order, with legible and comprehensible information, in particular relating to :

The essential characteristics of the Products;
The prices of the Products;
The date or deadline by which PALEM undertakes to deliver the Products;

The Products offered for sale on the Site are the subject of a detailed description mentioning their essential characteristics within the meaning of Article L.111-1 of the French Consumer Code.

ARTICLE 6: PURCHASE PROCEDURE 6.1. TERMS AND CONDITIONS

Users who wish to place an Order can either create a User Account (a) or finalize their Order as a Guest (b).

a) Prior creation of a User Account

Users who wish to purchase Products from PALEM may, prior to placing an Order, create a User Account under the terms and conditions herein. This will enable them to access their Order history and to modify their personal information at any time.

Once registration is complete, the User shall receive a confirmation e-mail that will enable him/her to activate his/her User Account.

b) Ordering as a Guest

Users may also place their Order as a "guest", i.e. without first creating a User Account.

6.2. Selection and validation of Orders

Orders are placed exclusively on the Site.

Before definitively validating an Order, each User is given the opportunity to check the details and price of the Order and to correct any errors.

Any validated Order shall constitute firm and definitive acceptance of the price and the Product(s) chosen as described on the Site.

6.3. Order Confirmation

The Order is confirmed by PALEM in the form of a summary e-mail sent to the address provided by the Customer. PALEM shall not be held liable in the event of an error in entering the address.

6.4. Sending the GCS

Once the Order has been confirmed by PALEM, the Customer shall then receive a summary of the Order, as well as the GCS, by e-mail.

ARTICLE 7: PRICES

The prices of the Products are indicated in euros (€) including all taxes (VAT and other taxes applicable on the day of the Order), unless otherwise indicated and excluding additional costs.

Orders for Products are payable in euros (€).

PALEM reserves the right to modify its prices at any time, but it undertakes to invoice the Products on the basis of the price list in force at the time the Order is validated.

ARTICLE 8: TERMS OF PAYMENT

Payments on the Site are made exclusively by credit card through the secure Stripe or Paypal systems.

The card is debited instantly.

It is the Customer's responsibility to save, by any means he or she deems useful, the data relating to the payment transaction (in particular by printing them or recording them on a reliable and durable medium).

PALEM reserves the right to ask the Customer for a photocopy of his/her identity card.

ARTICLE 9: COLLECTION - DELIVERY

Once the Order has been validly placed, Customers may, at their choice and within the time limits indicated on the Site:

(i) pick up the Products directly in the boutique, which is located at 5, Passage du Grand Cerf - 75002 PARIS ;

(ii) pick up the Products at a relay point that they will have chosen among those offered on the Site, in exchange for an additional cost of five (5) euros per package;

(iii) have the products delivered to their home or to any valid address of their choice, in exchange for an additional cost of eight (8) euros per package.

For any Order for an amount equal to or greater than two hundred (200) euros, the delivery costs(ii) and (iii) are offered to the Customer.

ARTICLE 10: RETRACTION

In accordance with the provisions of the French Consumer Code, the consumer or non-professional Customer has a withdrawal period of fourteen (14) calendar days from receipt of the Products ordered to exercise his right of withdrawal without having to justify the reason or pay any penalty.

To exercise his right of withdrawal, the Customer must inform PALEM by means of an unambiguous statement. To this end, before the end of the withdrawal period, the Customer must complete the withdrawal form available in the appendix hereto, and send it to PALEM :

By e-mail to the following address: shop@palem-brand.com; or

Via the contact form on the Site.
PALEM will acknowledge receipt as soon as possible.

Upon receipt by PALEM of the duly completed withdrawal form, PALEM will send the Customer a slip enabling him to return the Products to the appropriate address free of charge.

The Products must be returned in their original condition and complete (packaging, etc.) without undue delay and, at the latest, within fourteen days of communication of the decision to withdraw.

Any damage suffered by the Product, which would result from manipulations other than those necessary, may be such as to engage the responsibility of the Customer. PALEM reserves the right to deduct the amount of the repair or replacement directly from the amount returned to the Customer, by way of compensation, which the latter accepts in advance. Similarly, in the event of non-receipt of the Product(s) by PALEM, the Customer must be able to provide proof of their dispatch.

In the event of exercise of the right of withdrawal, PALEM will reimburse the sums paid - excluding the costs associated with the initial delivery - for the acquisition of the Products, at the end of the aforementioned fourteen (14) day period and via the same means of payment as that used for the order.

Nevertheless, if PALEM does not receive the returned Products or proof of their dispatch by the Customer within this period, reimbursement of the Products will then be deferred until the earlier of these two dates: receipt by PALEM of the Products or receipt by PALEM of proof of dispatch of the Products by the Customer.

ARTICLE 11: ARCHIVING AND PROOF

PALEM shall archive the invoices for each Order on a reliable and durable medium constituting a true copy in accordance with the provisions of Article L213-1 of the French Consumer Code.

PALEM's computerised registers will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

ARTICLE 12: LIABILITY


12.1. Responsibility of the User

It is up to the User to verify that the information he or she provides during Registration or Order is accurate.

The User undertakes to inform PALEM immediately in the event of any change in this information.

12.2.PALEM's liability

PALEM shall not be held liable for any damages incurred as a result of improper use of the Products purchased, particularly :

(a) a use contrary to that for which it is intended; and/or

(b)in the event of failure to comply with the washing and/or maintenance recommendations.

PALEM cannot be held liable if the non-execution or delay in the execution of one of its obligations described herein results from a case of force majeure within the meaning of the French Civil Code. Force majeure means any event beyond the debtor's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

ARTICLE 13: PROTECTION OF PERSONAL DATA

The personal information of Customers and Users collected via the Site is subject to automated processing carried out under the responsibility of PALEM, acting as data controller, for the following purposes:

(i) management of registrations and unsubscriptions on the Site (User Account); (ii) conclusion of Orders and delivery of Products purchased;
(iii) sending messages promoting the Products;
(iv) managing requests for withdrawal.

The fields marked with an asterisk [*] on the Site's data collection forms are all mandatory. Otherwise, the Order may not be taken into account by PALEM.

Personal Data will be kept for the following periods:
Until the closure of the User Account for identification data and contact details; Until full payment of the Products for the bank details;

At the end of these periods, the data may be archived in a secure manner for the necessary periods of conservation and/or prescription resulting from the applicable legislative or regulatory provisions.

The processing does not meet any regulatory requirements and is based on : -on the execution of contractual measures for the purposes (i) and (ii) ;

-on the legitimate interests of PALEM, namely the promotion of its Products for purpose (iii) and the management of its Customers' requests for purpose (iv).

In accordance with the regulations, Customers and Users have the right to access, rectify and, where applicable, the right to portability and erasure of Personal Data, as well as the right to oppose the processing or its limitation, and finally, the right to define guidelines regarding the fate of post- mortem personal data. For any other claim, Clients also have the right to lodge a complaint with the competent national data protection supervisory authority.

PCDs collected in the context of this Site may be transmitted to PALEM's commercial partners, as well as to service providers that PALEM uses in particular in the context of Site maintenance.

With the exclusion of the right to complain to national control authorities, the aforementioned rights may be exercised at any time, by enclosing proof of identity to PALEM by sending a message to the following address :shop@palem-brand.com.

ARTICLE 14: WARRANTY

Customers acknowledge that they have been informed that they have legal guarantees applicable to the Products delivered, i.e. the guarantees of delivery in accordance with the Consumer and Civil Codes.

ARTICLE 15: QUESTION / COMPLAINT


For any question or complaint concerning an Order, the Customer may contact PALEM's customer

service department by e-mail at the following address: shop@palem-brand.com.

ARTICLE 16: APPLICABLE LAW - SETTLEMENT OF DISPUTES

These GTC are governed by French law. The same is true for the substantive rules as for the formal rules.

Consumer or non-professional Customers have the right to have recourse, free of charge, to a consumer mediator with a view to amicably resolving the dispute between them and a professional.

The parties decide, as a first step, to try to resolve any dispute amicably. In the event of failure to resolve the dispute amicably within fifteen (15) days from the notification of the dispute by one party to the other party, it is expressly agreed that the French courts will have exclusive jurisdiction to rule on any disputes relating to the execution and/or poor execution of these GCS that may arise between PALEM and the Customer.

WITHDRAWAL FOR

You have placed an order with PALEM on the "https://www.palem-brand.com/fr/10-eshop" website and wish to retract your order: complete all the fields [--] in the form below.

To the attention of :

NTW SOURCING
5, Passage du grand Cerf
75002 - PARIS


Registered letter with acknowledgement of receipt - Reference(s) : [CUSTOMER NUMBER Subject: Cancellation of an order within 14 days

Ma'am, sir,

On [--] {order date}, I placed an order with your company, which was delivered to me on [--] {delivery date}.

In accordance with the consumer code, the 14-day period has not expired, I ask you to cancel my order and, if necessary, to return the sums paid to me.

In the meantime, please accept, Madam, Sir, my sincere greetings.

Customer's name: .................................................................................................................................................................. ......................................................................... Customer address: .................................................................................................................................................................. ...........................................................................

Date of request for withdrawal: .................................................................................................................................................................. ........................................................................

Signature:


The information collected on this form is processed under the responsibility of PALEM, with a view to managing requests for withdrawal. In accordance with the regulations, you have the right to access, oppose, correct and delete your personal data, as well as the right to define guidelines concerning the fate of personal data after death. You also have a right to the portability of your data as well as a right to limit the processing in certain specific cases covered by the European Regulation n°2016/679 of 27 April 2016. You may exercise this right by sending your request to PALEM at the following address shop@palem-brand.com.