Terms of sale

Terms of Sales

Date of update of Terms of Sale: June 1, 2023

These Terms of Sale supplement the General Conditions of Use and the Privacy Policy.

1. Object

The website www.celiapale.com (hereinafter referred to as the "Site") is an e-commerce platform, which allows Internet users (hereinafter referred to as "Buyers") to acquire various products, including clothing, bags, jewellery, household textiles and other decorative objects (hereinafter referred to as the "Products"), offered for sale on the Site by the company PALE & SANOGO SASU (hereinafter referred to as "the Seller") whose the identity is given below. Buyers may purchase the Products by placing an order through the Site (hereinafter referred to as the "Order").

These Terms of Sale General Conditions of Sale (hereinafter referred to as "the GCS") apply without restriction or reservation to all online sales offered on the Site by the Seller. Their purpose is to define and regulate the terms and conditions of the online sale of the Products, as well as the rights and obligations of the Seller and the Buyers in this context. They are accessible and printable at any time by a direct link at the bottom of each page of the Site. The current version of the GCS is the one that can be viewed online on the Site on the date of the Buyer's Order. The GCS prevail over any other general or specific conditions not expressly approved by the Seller.

2. Identity of the Seller and contact


The Site is operated by the Seller, namely:
PALE & SANOGO, a limited liability company with a share capital of 200 euros and whose registered office is located at the following address: 9 rue des Floralies 31290 Gardouch, France registered in the Trade and Companies Register of Toulouse B 901 332 031
Email address: design(@)celiapale.com



3. Acceptance of the T&Cs
Acceptance of the GCS by the Buyer is materialized by a checkbox in the Order form. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by the T&Cs cannot place an Order on the Site.

4. Product Features
Before any Order, and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the essential characteristics of each Product that he wishes to order.

The Products are offered for sale online within the limits of available stocks, or subject to the possibility of pre-ordering them if necessary.

The photographs and descriptions of the Products offered for sale online only commit the Seller for what is precisely indicated.

For any additional question relating to the Products, the Buyer may contact the Seller under the conditions of article 2 of the GCS.


5. Price
5.1 Display of prices
The selling prices of the Products are displayed on the Site, before the Order, in the Order summary and in the Order confirmation email.

They are indicated in euros, excluding tax on the Product presentation page and all taxes included (French VAT and other applicable taxes) in the basket before the Order.

The Seller reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.

The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the Order by the Buyer.

The prices do not include any customs duties and local taxes that may be payable depending on the case, in particular in the event of purchase outside the European Union and in the DOM-TOMs. They will be the responsibility of the Buyer and are his responsibility (in particular declarations, payment to the competent authorities).

Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

With regard in particular to the gift card offered on the Site, this allows you to make a purchase on the Site for the amounts indicated. The gift card can be refunded within two months of its purchase provided that it has not been used.

5.2 Price revision
The Seller reserves the right to modify the prices of the Products at any time, at its own discretion.
The prices of the applicable Products are those indicated on the Site on the day of the Order.

6. Order
The Buyer may order one or more Product(s).

6.1 Ordering
To place an Order, the Buyer must select the Product of his choice and click on "Add to cart".

He can access the summary of his basket at any time as long as the Order is not definitively validated and can correct any errors in the items entered.

Once the Product(s) has been selected, the Buyer, in his basket, clicks on "Access to Payment". He must then:
• connect to their Account or create an Account, under the conditions of article 7 of the GCS;
• choose the delivery method, under the conditions of article 9 of the GCS;
• then proceed to the payment of the Order, under the conditions of article 8 of the GCS.

When placing the Order, the Buyer acknowledges placing an order with an obligation to pay.

When the Buyer clicks on “Continue!” on the payment page, this action constitutes the formation of a distance selling contract concluded between the Seller and the Buyer. As of this action, the Buyer will no longer be able to cancel his Order (subject to the exercise by the Buyer of his right of withdrawal under the conditions of article 9 of the GCS).

The Order is deemed to have been received by the Seller when the latter can access it.

6.2 Order Confirmation
Once the Order has been paid for by the Buyer, the Buyer receives a confirmation by email summarizing the elements of the Order, namely the description of the Product purchased and the corresponding price, as well as the expected delivery time. The confirmation email also includes a copy of the current T&Cs, a mention of the applicable legal guarantees and the period and terms of withdrawal as well as the corresponding form.

The Buyer must ensure that the email address entered in his Account is correct and that it allows him to receive the Order confirmation email. If it is not received within twenty-four (24) hours of the Order, the Buyer must contact the Seller at the contact details mentioned in Article 2 of the GCS.

The Seller recommends that the Buyer keep the information contained in the Order confirmation.

The Order confirmation is deemed to have been received by the Buyer when he can access it.

6.3 Cancellation or suspension of Order
The Seller reserves the right to cancel any Order if the Product is out of stock. He must inform the Buyer by email and will, if necessary, refund the full price paid by him. The Seller may also offer the Buyer another product that may be available.

The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.

7. Creation, management and deletion of the Account

7.1 Creation and management of the Account Placing an Order requires the Buyer to create a personal account (hereinafter referred to as "the Account"). For the creation and management of the Account, the Buyer must provide all the information marked as mandatory, in particular his telephone number. The Buyer is, in this respect, informed of his right to register on the list of opposition to cold calling. Any incomplete registration will not be validated and cannot give rise to an Order. The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading character. He undertakes to update this information in his Account in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria. This update is carried out by logging into the Account and modifying the contact details concerned. The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation. The Buyer can access his Account at any time after identifying himself using his login and password. The Buyer undertakes to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility. He is also responsible for maintaining the confidentiality of his username and password, any access to his Account using the latter being deemed to have been made by the Buyer. The latter must immediately contact the Seller at the contact details mentioned in article 2 of the GCS if he notices that his Account has been used without his knowledge. It recognizes the Seller's right to take all appropriate measures in such cases. The Buyer must, moreover, take the necessary measures to safeguard by his own means the information in his Account that he deems necessary, of which no copy will be provided to him.

7.2 Account Deletion
The Buyer can delete his Account at any time, by clicking on the "Delete my account" section of his Account.

Unsubscription is effective immediately. It leads to the automatic deletion of the Buyer's Account.

It is specified that the data and contracts will be kept for purposes such as a legal obligation to keep the data or documents which may include data or for evidential purposes for the applicable legal prescription period.



8. Payment
8.1 Terms of payment
The full price of the Products is due (in euros) when the Buyer clicks on “Continue!” on the Order payment page.

Payment is made online by credit card (Visa/MasterCard/CB) through the SHOPIFY application, payment service provider. In accordance with the provisions of the Monetary and Financial Code, the payment order given by the Buyer is irrevocable and he thus authorizes his account to be debited with the price of the Order.

The Buyer warrants to the Seller that he has the necessary authorizations to use the method of payment he has chosen for his Order.

8.2 Billing
The Buyer can access the invoice corresponding to his Order on his Account.

8.3 Retention of title
The Seller retains full ownership of the Products covered by the Order until full and complete payment of the price of the said Order, delivery costs included.

As indicated in article 6.3 of the GCS, the Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment. or partial payment of any amount due by the Buyer, in the event of a payment incident

9. Delivery
9.1 Territory of deliveries
Deliveries can take place in France and outside France.

9.2 Delivery methods
The delivery of the Products ordered on the Site is made to the address indicated during the Buyer's Order as the "delivery address" (which may be different from the billing address, in which case the Buyer must indicate it ).

The Buyer has the choice between several delivery methods, depending on the territory concerned:

CTT

DHL

He must select the desired delivery method and provide all the information necessary for the actual delivery of the Product(s) according to this method.

The Buyer is informed, before the Order, of the possible delivery methods. He is informed, in the Order summary before payment, as well as in the Order confirmation email, of the delivery method he has chosen.

9.3 Rates
The delivery prices are those indicated on the Delivery and Returns page.

The delivery price of the Order is indicated on the Site before the payment of the Order and is recalled in the summary of the Order before payment, as well as in the Order confirmation email.

The delivery costs could be reassessed by the Seller according to the rates applied by the carriers. The applicable delivery costs will be those indicated on the Site on the date of the Order.

9.4 Delivery times
Delivery times are those indicated on the Delivery and Returns page.

The delivery is made within the time indicated in the presentation of the Product, in the summary of the Order before payment and in the Order confirmation email.

The delivery time indicated does not take into account the preparation time of the Order by the Seller. In this respect, it is specified, unless otherwise stated on the Product presentation page, that Orders placed before 12 p.m. (French time, excluding Saturday and Sunday), are dispatched the same day. Otherwise, they are dispatched the next working day. Following the launch, restocking of a Product or special operations, the Order preparation time can be from two (2) to five (5) working days.

The Buyer can approach the Seller for the follow-up of his Order by contacting him at the coordinates mentioned in article 2 of the GCS.

In the event of an Order for several items, the Seller reserves the right, at its discretion, to:
• Split shipments. The indicated delivery time is the longest. In such a case, the delivery costs will only be invoiced once; Or
• combine shipments, in particular when the Purchaser benefits, thanks to the application of a promotional code, from free delivery and when he has placed several separate Orders for Products.

In the absence of delivery within the above deadline, except in the cases mentioned in Articles 13.4 and 13.5 of the GCS, the Buyer may cancel the Order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered the Seller, under the same terms, to make the delivery within a reasonable additional period, it was not executed within this period.

The contract is considered resolved upon receipt by the Seller of the letter or writing informing it of this resolution, unless delivery has taken place in the meantime.

In the event of termination of the contract according to the terms above, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.

The Seller reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

10. Right of withdrawal
The Buyer has a period of 30 (thirty) days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay. When his Order relates to several Products delivered separately, the above period runs from receipt of the last Product.

The Buyer who wishes to exercise his right of withdrawal must send by mail or email to the Seller at the contact details mentioned in article 2 of the GCS, before the expiry of the period above, the withdrawal form annexed to the GCS duly completed, or a statement clearly expressing his desire to withdraw and including his order number. The Seller communicates, without delay, to the Buyer an acknowledgment of receipt of the withdrawal on a durable medium.

Products must be returned under the following conditions:

• They must be returned to the following mailing address:


Avenida Gustavo Eiffel 278 1
4000-279 Porto
Portugal

at the latest within 30 (thirty) calendar days following the communication by the Buyer of his wish to withdraw.

• They must be returned to the Seller, preferably in their original packaging and complete (in particular with accessories, instructions, product label), must not be washed or worn (except for the first fitting). They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to the Seller (in particular the presence of traces of make-up, deodorant, sweat, smell of cooking or perfume, stains).

The Buyer will be reimbursed for all sums paid for his Order, minus any return costs, which remain the responsibility of the Buyer. This reimbursement will take place as soon as possible and at the latest within 30 (thirty) days from the effective recovery of the Products by the Seller or until the Buyer has provided proof of the shipment of the Products, the date retained being that of the first of these events.
The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer and the Seller expressly and in writing agree on a different means. In any case, this refund will not incur any costs for the Buyer. The Seller is not required to reimburse the additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

11. Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the thing sold, including defects of conformity resulting from the packaging of the Products ordered on the Site.

When acting as a legal guarantee of conformity, the Buyer:

has a period of two years from the delivery of the property to act;

can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

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 twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. 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.

11.1 Legal guarantee of conformity

If the Buyer finds that the Product delivered to him has a defect, a non-conformity or is damaged, he must inform the Seller of this at the contact details mentioned in article 2 of the GCS, indicating the nature of the defect, of the non-conformity or of the damage observed and by sending it any useful proof, in particular in the form of photograph(s) (it being specified that the lack of conformity which appears within a period of twenty-four months from the issue of the Products are presumed to exist at the time of delivery, unless proven otherwise).

The Seller will agree, with the carrier of his choice, the terms of the return, of which he will inform the Buyer by any useful means. The Seller will bear the costs of this return.

The Products must imperatively be returned to the Seller with a copy of the corresponding purchase invoice.

The Seller will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible if the defect, non-compliance or damage is proven. If the replacement of the Product is impossible, the Seller will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen ) days following the date on which the Seller informed him of the impossibility of replacing the Product. The Buyer may also decide to keep the Product and be reimbursed part of the price.

It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

11.2. Warranty against hidden defects
Under the warranty against hidden defects, the Buyer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.


11.3. Reminder of the applicable legal provisions
For all practical purposes, the following legal provisions are recalled:

Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code: The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.

12. Buyer's Obligations
12.1 Legal capacity of the Buyer
Ordering is accessible:
• To any natural person with full legal capacity to engage under the T&Cs. Consequently, if a person without legal capacity ordered Products on the Site, his legal guardians (parents, guardians, in particular) would assume full responsibility for this Order.
• To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

The Buyer acknowledges complying with the provisions of this article.

With regard in particular to the gift card offered on the Site, this is exclusively reserved for the natural persons mentioned above.

12.2 Obligations regarding the use of the Products
The Buyer is solely responsible for the use he makes of the Products.

It belongs to him:
• to verify the adequacy of the Products to its specific needs prior to the Order of the said Products;
• to use the Products in accordance with the indications given on the Product label and the instructions communicated by the Seller.

13. Liability of the Seller
13.1 The Seller does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints, other than the guarantee of conformity set out above.

13.2. The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available at least in French.

13.3 The Seller cannot be held liable for damage resulting from use of the Products that does not comply with the recommendations provided on the Product label or does not comply with the instructions communicated by the Seller.

13.4 The Seller cannot be held responsible for the non-performance or delay in the performance of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal, regulatory or public order obligation imposed by the authorities competent and which would have the effect of substantially modifying the GCS.

13.5 The Seller cannot be held liable for non-performance of the contract or delay in delivery if this non-performance or delay is attributable to the Buyer, in particular in the following situations:

• inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of article 9.2 of the GCS. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the customer.
• the Buyer does not collect the package delivered within the time limit given to him by the carrier.

13.6 In any event, the liability that may be incurred by the Seller under the GCS is expressly limited to only proven direct damage suffered by the Buyers.




14. Personal data & intellectual property
14.1. The Seller has a Confidentiality Policy which the Buyer is expressly invited to read.

14.2. The Buyer undertakes not to infringe the intellectual property rights as mentioned in article 10 of the General Conditions of Use.

15. Advertising
The Seller reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages and under conditions of which the Seller will be the sole judge.



16. Modification of the T&Cs
The Seller reserves the right to modify the GCS at any time. He will post the T&Cs as amended and these will apply to any Order placed after this posting.



17. Language
In the event of a translation of the GCS into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.



18. Mediation
The Buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to the Seller, under the conditions provided for according to the provisions of the Consumer Code. .

For this purpose, he can contact the following consumer mediator:
Center for Consumer Mediation of Justice Conciliators (CM2C)
14 rue Saint-Jean - 75017 Paris
https://cm2c.net/

The Buyer, if he wishes to have recourse to mediation, must justify having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint according to the methods provided for in article 2 of the GCS.

19. Applicable law and jurisdiction
The T&Cs are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of the GCS, the Buyer and the Seller agree that the courts of Paris will have exclusive jurisdiction to judge.



20. General
If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

The fact that the Buyer or the Seller does not rely on the other party for a breach of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation in question.


Annex – Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

Attention: Celia Pale
Address :
Avenida Gustavo Eiffel 278 1
4000-279 Porto
Portugal


Email address: design@celiapale.com

I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Order number :
Ordered on (*) / received on (*) refunded on (*)
Name of buyer(s):
Address of the buyer(s):
Signature of the buyer(s):
(only in case of notification of this form on paper)
Date :



(*) Strike out the useless mention.