Terms of sale
PREAMBLE
The following provisions establish the general conditions of sale of the products offered for sale on the site https://www.ficelle-paris.com (hereinafter the ” Site “) by the company:
NELKIN-PARIS
Simplified joint-stock company with capital of 50,000 euros
Head office: 112 rue Réaumur, 75002 Paris
892 811 753 RCS Paris
VAT number: FR 73 892 811 753
ARTICLE 1: OBJECT
NELKIN PARIS is active in particular in the creation, manufacture and marketing of women’s ready-to-wear products through the Site (the “Products”) .
The purpose of these general terms and conditions of sale is to define the methods of distance selling between NELKIN PARIS and any non-commercial and adult natural person over the age of 18 (hereinafter the “Customer”) making a purchase on the Site. NELKIN PARIS reserves the right to carry out (i) any control concerning the age of Customers and (ii) to delete any order which does not satisfy the conditions set out in these general conditions of sale, without this being able to engage the responsibility of NELKIN PARIS.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Site.
NELKIN PARIS also communicates to the Customer information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, if applicable, those relating to legal guarantees, the functionalities of the digital content and, the where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Customer receives the information provided for in Articles L. 122-1 and L. 221-11 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these general conditions.
These general conditions of sale are applicable to all sales of Products by NELKIN PARIS made through the Site, and constitute all the contractual provisions concluded between NELKIN PARIS and the Customer, to the exclusion of any other clause or document. exchanged between parties, except with the express agreement of NELKIN PARIS.
Any order of Product (s) offered on the Site implies the Customer’s acceptance of these general conditions of sale. The Customer declares to have read these general conditions of sale before the Validation of the Order within the meaning of article 5. The validation of the Order therefore implies acceptance without restriction or reservation of these general conditions of sale.
ARTICLE 2 – OUR OFFER
2.1 PRESENTATION OF PRODUCTS
The Products offered for sale by NELKIN PARIS are those appearing on the Site on the day of its consultation by the Customer and within the limit of available stocks.
The Products are presented by means of an information sheet comprising the essential characteristics (name of the Product, composition, photo and price) drawn up with the maximum accuracy and precision in order to allow a description of the most faithful and complete.
However, given the digital presentation of the Products on the Internet, it is possible that the Customer’s perception of the photographic representation of the Products does not correspond exactly to the Product itself. The Parties therefore agree that the photos of the Products for sale on the Site have no contractual value.
2.2 COMPOSITION AND ADVICE ON USE OF THE PRODUCTS
Information relating to the composition and/or advice for use of the Products is available on the sheet for each Product.
ARTICLE 3 – PRICE
The prices of the Products are those appearing on the Site on the day of its consultation by the Customer and within the limit of available stocks. The period of validity of the offers and Prices is determined by updating the Site.
The prices of the Products are indicated respectively by article and reference, in euros, all taxes included (TTC) , excluding delivery costs which remain the responsibility of the Customer unless otherwise specified or specified. They take into account the Value Added Tax (VAT) and any reductions applicable under our commercial operations in force on the day of your order.
At the time of Validation of the Order, the price to be paid is the All-Inclusive Price.
The amount of the additional delivery costs is indicated to the Customer in the “Deliveries & returns” section accessible on the product page.
The Products remain the property of NELKIN PARIS until full payment has been received by NELKIN PARIS.
ARTICLE 4 – ORDER
Any order implies acceptance of the prices and description of the Products available for sale.
NELKIN PARIS undertakes to honor orders received on the Site only within the limit of available stocks of the Products. In the absence of availability of one or more product (s) ordered , NELKIN PARIS undertakes to inform the Customer thereof by e-mail as soon as possible. The Customer’s order for an unavailable product will then be automatically cancelled .
NELKIN PARIS reserves the right to cancel or refuse any order from a Customer if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer relating to payment. of a previous order or which would present any form of risk according to the assessment of NELKIN PARIS.
The placing of an order by the Customer implies his full and unreserved acceptance of these general conditions of sale.
4.1 ORDERING
In order to place the order, the Customer must follow the following seven steps:
- Step 1 – the Customer dials the Site address;
- Step 2 – the Customer connects to his Customer account or creates it or uses the method of placing an order without creating an account, it being specified that the Customer may create an account after placing an order if he wishes;
- Step 3 – the Customer adds the chosen Products to his basket. Access to the basket is possible at any time to modify or validate it. In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the beginning;
- Step 4 – the Customer checks the details of his basket and, if necessary, identifies and corrects errors, he can, if he has one, apply a promo code, then validates his basket after having chosen his delivery method;
- Step 5 – the Customer enters his full contact details;
- Step 6 – the Customer validates the Order, the Total Price as well as the All-Inclusive Price (the “Validation”), when validating the order summary, the Customer expressly accepts the general conditions of sale in force on the Site;
- Step 7 – the Customer chooses his method of payment then is redirected to the secure payment site where he enters his bank details.
The final acceptance of the Customer is therefore materialized by the validation of his bank details (credit card number, expiry date and cryptogram). This banking information is known only to the payment provider retained by NELKIN PARIS.
By placing an order, the Customer declares to be at least 18 years old and to have the legal capacity (or if he is a minor, to hold parental authorization to place his order).
The Client is responsible for maintaining the confidentiality of his client account and your password, as well as for restricting access to your computer or other equipment. As such, you acknowledge that you are responsible for all activities emanating from your customer account. If you suspect that your customer account is being used by a third party, we recommend that you change your password and contact us to close the usurped customer account, if necessary. For all information on this subject, please consult the following page: Resetting your password.
4.2 ORDER CONFIRMATION
Within the hour following the placing of his order, the Customer will receive an e-mail confirming to him:
- the registration of his order,
- details of the Products ordered,
- his personal data including the delivery address,
- that his card will be debited when the order is dispatched.
The Customer receives confirmation of the shipment of the Order electronically.
4.3 ORDER ARCHIVING
The details of the order are archived in accordance with article L 213-1 of the Consumer Code, for a period of ten years on a secure server. However, no credit card number is stored.
The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
4.4 MODIFICATION OR CANCELLATION OF ORDER
As long as the order is not finalized by the validation of the payment by the Customer, the latter can make changes and change his basket. He can thus modify a quantity; delete an item or simply continue shopping. To do this, he just has to click on the “Basket” section and make the desired changes.
On the other hand, once the payment has been validated, the transaction is recorded and no recourse or modification online on the Site is possible. The Customer must comply with article 7 below.
ARTICLE 5 – PAYMENT
Payment can be made online either by credit card or by PayPal account.
The invoice relating to the order can be downloaded in the “My orders” section accessible in your “My Account” space.
5.1. Online payment by credit card
Cards accepted are credit and debit cards from the Visa and Eurocard/MasterCard networks. This includes Electron (Visa) and Maestro (Mastercard) cards. NELKIN PARIS also accepts all French cards from the Carte Bleue network, even if they are not affiliated with Visa and MasterCard. Cards from networks such as American Express, Union Pay or Bancontact are NOT accepted.
In order to ensure payment security, NELKIN PARIS uses the PayPlug secure payment service. The bank details entered by the Customer are encrypted (SSL security standard) at the payment provider. At no time does NELKIN PARIS have access to your personal data concerning your means of payment, in particular bank cards, and does not store them on its servers.
In all cases, the online provision of his card number and the final validation of his order will constitute proof of the integrity of the order and the payment of the sums due in execution of the said order.
5.2. Online payment by Paypal
The Customer must have a PayPal account to pay for his order with this method of payment. PayPal’s general terms and conditions apply.
At no time does NELKIN PARIS have access to your personal data concerning your means of payment, in particular bank cards, and does not store them on its servers.
ARTICLE 6 – DELIVERY
6.1. Delivery method
The Customer chooses one of the delivery methods offered on the Site when placing the Order.
6.2. Delivery address
The Customer chooses a delivery address. The Customer is solely responsible for a lack of delivery due to a lack of indication or the indication of an inaccurate address when ordering.
6.3. Amount of delivery costs
The amount of delivery costs invoiced in addition to the price of the Products depends on the amount of the order and the delivery method chosen by the Customer. In any case, the amount of the delivery costs is indicated to the Customer before the Validation of the order.
6.4. Delivery delay
Delivery times are available on the Site and will be specified when placing the order. Delivery times may vary depending on the availability of the Products ordered. Please note that it may be extended during peak periods (outlets type operations or during sales periods for example) .
Delivery times are expressed in working days and correspond to the average time for preparation and delivery of the order.
Delivery times run from the date of confirmation of the order by the Seller.
6.5. Late delivery
In the event of late delivery, the Order is not cancelled.
The Seller informs the Customer by e-mail that the Delivery will take place with a delay. The Customer may then decide to cancel the Order and will send by [Order cancellation methods, in the event of late delivery (eg: e-mail, etc.)] to the Seller a notice of cancellation of the Order.
In the event that the Order has not yet been dispatched when the Seller receives the Customer’s notice of cancellation, the Delivery is blocked and the Customer is reimbursed for any sums debited within fourteen days of receipt of the notice of cancellation. In the event that the Order has already been shipped upon receipt by the Seller of the Customer’s notice of cancellation, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
6.6. Delivery Tracking
The Customer can follow the progress of the processing of the order in the space reserved for this purpose on the Site.
6.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging as well as the items upon delivery.
It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of delivery of the Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL (RETURNS AND REFUND/EXCHANGE)
7.1 THE RIGHT OF WITHDRAWAL
Time limit
In accordance with article L 221-18 of the Consumer Code, the Customer has the right to withdraw from this contract without giving any reason within 14 (fourteen) days, it being specified that the return costs are at the Customer’s charge:
- In the event of a single delivery, the withdrawal period expires 14 (fourteen) days after the day on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the goods;
- In the event of multiple deliveries for the same order, the withdrawal period expires 14 (fourteen) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.
The day on which the contract is concluded or the day of receipt of the goods is not counted in the period mentioned below. The time limit begins to run at the beginning of the first hour of the first day and ends when the last hour of the last day of the time limit expires. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
Excluding items purchased during sales or a promotional operation as well as items in the “LOW PRICE” section for which no return is possible.
After these deadlines, the items delivered will be deemed accepted by the Customer.
Modalities for exercising the right
NELKIN PARIS will accept the Customer’s return as soon as the postmark proves that the latter has made his return within 14 (fourteen) days , without it being necessary for the Customer to notify NELKIN PARIS of his withdrawal beforehand. .
If the Customer nevertheless wishes to notify his withdrawal, it is possible to do so by post or by email using the model form below.
Model of the Form:
For the attention of NELKIN PARIS, 112 Rue Réaumur, 75002 Paris
Email: serviceclient@ficelle-paris.com
I hereby notify my withdrawal from the contract relating to the sale of the property below: [indiquer le ou les produits pour lequel vous exercez votre droit de rétractation]
Ordered on[_____] (*)/received on[______] (*) [complete with the corresponding dates, and (*) strike out where not applicable]
Consumer name:
Customer address:
Signature of the Customer (only in the event of notification of this form on paper) :
date: [______]
How to return your Product
The Customer may return his package no later than 14 (fourteen) days after he has notified NELKIN PARIS of his decision to withdraw the Order. This deadline is deemed to have been respected if the Customer returns the Product before the expiry of the 14 (fourteen) day period by post, to the following address:
NELKIN-PARIS
Web Return Service
112 rue Reaumur
75002 Paris
France
In this respect, it is up to the Customer to provide proof of this return.
In order to facilitate the processing of the return request, the Customer must attach to his shipment the return label which will have been enclosed in the package, duly completed.
Repayment
If the Customer has already received his order: in the event of withdrawal by the Customer, NELKIN PARIS will reimburse him for all payments received for the Order, including delivery costs (with the exception of additional costs if the Customer has chosen a delivery method other than the standard delivery method offered by NELKIN PARIS) without undue delay and in any event, no later than 14 (fourteen) days from the day NELKIN PARIS is informed of the Customer’s decision to withdraw from his order.
However, NELKIN PARIS reserves the right to defer reimbursement until it has received the returned products or when the Customer has provided proof that the Product has indeed been reshipped, the date chosen then being that of the first of these events. .
If the order has not yet been shipped, in the event of withdrawal by the Customer, NELKIN PARIS will reimburse all payments received from the Customer for the Order without undue delay and in any event, no later than 14 (fourteen) days from the day NELKIN PARIS is informed of its decision by the Customer.
In the event of a partial return of the Products ordered or an error in the delivery address by the Customer, the initial delivery costs will not be refunded.
The refund will be made by crediting the Customer’s bank account corresponding to the bank card used to pay for the order or by the PayPal account if the order was paid via PayPal.
The Customer may, if he so wishes and on the proposal of NELKIN PARIS, opt for a refund in the form of credit notes or vouchers.
In any event, this refund will not incur any costs for the Customer.
The exchange
The Customer has a period of 30 days from receipt of his order to exchange a Product.
Furthermore, only exchanges of Products will be made for which the value including tax of the “replacement” Product chosen by the Customer is greater than or equal to the value including tax of the Product initially acquired by the Customer. In the event that a Customer chooses a Product with a value including tax greater than the value including tax of the Product to be exchanged, the Customer will make up the difference.
Condition of returned or exchanged products
Returned Product ( s ) (including as part of an exchange) must be new, unused and, where applicable, in their original box. Any item returned soiled and/or damaged cannot be taken back.
Upon receipt of the package, NELKIN PARIS will judge the perfect condition of the returned Product(s). No return will be accepted if the returned Products have been visibly used or damaged by the Customer, such use or damage rendering the Products unfit for sale.
If the return is refused by NELKIN PARIS, the Products will then be returned to the Customer, if applicable, at the latter’s expense, without the latter being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the Products sold.
ARTICLE 8 – RETENTION OF OWNERSHIP
The products remain the full and entire property of NELKIN PARIS until full payment of the price, in principal, costs and taxes included.
ARTICLE 9 – LEGAL GUARANTEES
All Products benefit from the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the Customer in particular to return to NELKIN PARIS the Products delivered defective or non-compliant.
The legal guarantee of conformity applies when the Product presents a lack of conformity, for example when your product is not suitable for the use usually expected of a similar good, or when it does not correspond to the description given. .
The warranty against hidden defects covers you when the Product contains a hidden defect, that is to say a defect not apparent at the time of sale which renders the product unfit for its use or which greatly diminishes this use.
It is reminded that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the property to act vis-à-vis its seller;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods for which the period is six months.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property.
It is recalled that the Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In the event of delivery to the Customer of a Product that does not comply with the order or reveals a hidden defect, the Customer must return the Product to NELKIN PARIS by post.
The Customer will contact NELKIN PARIS customer service, by email at the email address info@ficelle-paris.com or by phone at +33 (0)1.44.82.76.00 (non-surcharged call from mainland France) , so that NELKIN PARIS can, if necessary, send it a transport slip (prepaid return postage) . Upon receipt of the transport slip, the Customer must send the Product(s) to be returned to the following address:
NELKIN PARIS
Web Return Service
112 rue Reaumur
75002 Paris
France
In this respect, it is up to the Customer to provide proof of this return.
The Customer may ask NELKIN PARIS:
- either to be delivered of a Product identical to that ordered, within the limits of available stocks;
- either to be delivered a Product of equivalent quality and price, within the limits of available stocks;
- or to be reimbursed for the price of the Product ordered and any initial and return delivery costs.
This refund will be made within fifteen (15) days of receipt by NELKIN PARIS of the returned Product, by credit to the Customer’s bank account used to pay for the order or by the PayPal account if the order has been paid via PayPal. NELKIN PARIS reimburses the returned Product at the invoice price, the delivery costs, in the case of a return of the entire order, and the return costs. In the event of partial return of the Products, the initial delivery costs will not be refunded.
In any case, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal, as indicated in article 7 above.
ARTICLE 10 – COMPLAINTS/INFORMATION
10.1 Information
For any information, complaint or question relating to these general terms and conditions of sale or to the items offered on the www.ficelle-paris.com website, the Customer may contact NELKIN PARIS customer service directly:
- by telephone on +33 (0)1.44.82.76.00 (non-surcharged call from mainland France). Monday to Saturday from 9 a.m. to 8 p.m.;
- by e-mail to the address: info@ficelle-paris.com.
10.2 Complaint handling
Any complaint from the Customer must be sent by registered letter with acknowledgment of receipt, accompanied by all supporting documents, to the following address:
NELKIN-PARIS
Customer Relations Department
112 rue Reaumur
75002 Paris
France
NELKIN PARIS undertakes to process this complaint in good faith and as soon as possible.
ARTICLE 11 – Protection of personal data
NELKIN Paris complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing the directive 95/46/EC (the “GDPR”) .
You can consult our personal data protection policy by clicking on the links below:
Data privacy policy available here .
The customer expressly authorizes NELKIN PARIS to contact him by telephone and digital channels as part of the performance of the service. The Customer is reminded of his right to register on the list of opposition to canvassing in accordance with Article L223-2 of the Consumer Code.
ARTICLE 12 – INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are the exclusive property of NELKIN PARIS and benefit from both copyright protection and the protection conferred by the provisions relating to trademark law.
The total or partial reproduction of any of these elements, on any medium whatsoever and for any reason whatsoever, without the prior and express agreement of NELKIN PARIS is strictly prohibited.
ARTICLE 13 – FORCE MAJEURE
The execution of the services of NELKIN PARIS will be suspended in whole or in part in the event of the occurrence of force majeure, as defined by the case law of the French courts and tribunals, which would hinder or delay the execution of the contractual obligations of NELKIN PARIS.
In the event of the occurrence of an event qualified as force majeure, NELKIN PARIS undertakes to notify the Customer as soon as possible.
The execution of the general conditions of sale will be suspended as long as the case of force majeure lasts and the execution and delivery times will be extended accordingly.
ARTICLE 14 – MODIFICATION AND VALIDITY OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale are applicable as long as they appear on the Site. NELKIN PARIS reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. If necessary, the new general conditions of sale will only be applicable to orders placed after this modification.
The fact that NELKIN PARIS abstains, at a given time, from demanding the execution of any of the provisions of these general conditions of sale, cannot be interpreted as a waiver to subsequently invoke said total or partial non-execution.
If any of the provisions of these general conditions of sale is declared null in whole or in part, this nullity would not entail the nullity of the other provisions of these general conditions of sale which will remain in force between the parties.
ARTICLE 15 – LIMITATION OF LIABILITY
NELKIN PARIS cannot under any circumstances be held liable for any direct or indirect damage caused when accessing the Site and in particular resulting from misuse or incidents related to the use of the computer, access to the Internet, maintenance or malfunction of servers, the telephone line or any other technical connection, the Customer’s connection to the Site being made under his full responsibility.
NELKIN PARIS declines all responsibility for the use that may be made of the information and content present on the Site.
NELKIN PARIS SAS undertakes to make the Site as secure as possible, however its responsibility cannot be called into question if undesirable data is imported and installed on its site without its knowledge.
ARTICLE 16 – DISPUTE AND APPLICABLE LAW/MEDIATION
These general conditions of sale are subject to French law.
Any dispute that may arise between the parties as a result of the formation, interpretation, execution and/or termination of these presents and, more generally, any dispute resulting from these presents shall, in the absence of amicable settlement, be subject to the jurisdiction in the matter.
In the event of a dispute, the Customer is invited to contact customer service in order to seek an amicable solution:
- by telephone on +33 (0)1.44.82.76.00 (non-surcharged call from mainland France) Monday to Saturday from 9 a.m. to 8 p.m.;
- by e-mail to the address: info@ficelle-paris.com .
In the event of failure of amicable settlement, the Customer may submit, free of charge, electronically or by post, his dispute opposing him to NELKIN PARIS to the FEVAD e-commerce Mediator. (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr .
In accordance with Article 14 of the Rules (EU) n°524/2013 relating to the online settlement of consumer disputes, the Customer is informed that the European Commission has set up the platform for the online settlement of consumer disputes accessible by the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN .