⬪ Preamble

The Paloma Casile e-commerce site is an e-commerce site accessible via the Internet and open to all users (hereinafter referred to as “Internet users”). It is operated by SARL 2011 (hereinafter referred to as “Paloma Casile”).

The site provides information and sells textile products and accessories manufactured by Paloma Casile (hereinafter referred to as “Products”) to Internet Users browsing the site www.palomacasile.com (hereinafter referred to as the “Site”).

For the purposes of these terms and conditions, it is agreed that the Internet user and Paloma Casile shall be collectively referred to as the Parties and individually as a Party.

It is specified that purchases of Products on the site are available to non-commercial individuals who are consumers, are over 18 years of age, and have full legal capacity.

The Site does not allow the purchase of products for resale. As such, orders must not exceed thirty items or be of an abnormal nature. Any order for a product offered for sale on the Site implies the Customer's full and complete acceptance of these General Terms and Conditions of Sale.

Paloma Casile reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the order is placed.

 

1. Objet

These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the online sale of Products offered on the Website. They form a contractual whole with the summary order form sent to the Internet User and apply to the exclusion of any other document.

In the event of any contradiction or discrepancy between the terms of these two documents, the documents shall prevail in the following order:

– the summary order form, and

– these General Terms and Conditions of Sale.

 

2. Products

If you have any questions regarding the unavailability of a Product, please contact customer service by clicking on the “Contact” link at the bottom of the page.

The photographs illustrating the Products are as accurate as possible, but are not contractually binding.

Users are asked to consult the description of each product to find out its essential characteristics.

3. Ordering

3.1. Order registration

Product offers are subject to availability. In practice, to order the Products they have selected, after clicking on “Order,” the User must log in.

The automated order registration system is considered proof of the nature, content, and date of the order.

The Internet user must accurately complete the form provided, on which they must enter the information necessary for their identification, including a valid email address and a password of their choice, which they will use later to identify themselves on the Site.

The Internet user is solely responsible for maintaining the confidentiality of their password. The Internet user shall bear sole responsibility for any consequences that may result from any use by third parties who have gained knowledge of it.

The Internet user accepts that entering these two identifiers constitutes proof of their identity.

The information collected is strictly confidential and will be processed in accordance with the brand's privacy policy and applicable regulations.

The Internet User acknowledges having read, at the time of placing the order, the terms and conditions of sale set out in these terms and conditions, and expressly declares that they accept them without reservation.

Once the order has been placed, a summary of the order is sent to the Internet User.

3.2. Special orders

Paloma Casile offers a customization service for some of its designs. This option is indicated in the product description and in the size selection. You will need to specify your measurements in the order comments section on the checkout page. In this case, delivery may take up to 15 business days.

3.3. Order confirmation

After reviewing the order summary, checking its contents, and correcting any errors, the User will check the box to accept these terms and conditions of sale and confirm their order by clicking on “confirm order.”

Any order acceptance signed by the User with a second “click” constitutes an electronic signature. This signature has the same value between the Parties as a handwritten signature. The order form will be recorded in Paloma Casile's computer records, which are stored on a reliable and durable medium, and constitutes an irrevocable order that can only be challenged within the limits of these general terms and conditions of sale.

 

Paloma Casile reserves the right not to validate the order in the event of:

– Exceeding the limit indicated in the preamble (30 items per order and/or abnormal nature of the order),

– Abnormal or abusive exchanges and returns

– Existing dispute(s) with the Internet user,

– Total or partial non-payment of a previous order by the Internet user,

– Refusal of authorization of payment by credit card by banking institutions.

The price owed by the Internet user is the amount indicated on the order summary form.

The Internet User pays for their order:

-by credit card (Visa, Eurocard/Mastercard/American Express) in accordance with the provisions of this article.

-by bank transfer: The Internet user must pay the transfer fees charged by their bank. The amount received by Paloma Casile must be equal to the amount shown on the order confirmation. The Internet user must specify the reason for their transfer (name and order number). Paloma Casile undertakes to ship the goods upon receipt of payment.

 

-by check: (only for banks or financial institutions located in France). Checks in euros made payable to SARL 2011 must be accompanied by a photocopy of the account holder's ID. Please allow 10 days after acceptance by the bank for the goods to be shipped. Paloma Casile reserves the right to cancel the order if the check is returned without funds. Payments by check must be received by Paloma Casile within 5 business days after the order is confirmed. Beyond this period, Paloma Casile reserves the right to cancel the order.

Checks should be sent by mail to the following address:

SARL 2011
Paloma Casile
35 rue de Grenelle
75007 Paris
France

Once payment has been made, a summary of the order will be sent by email to the email address provided, serving as confirmation of receipt of the Internet user's order.

If a product is unavailable after the order has been confirmed, the Internet user will be informed by email no later than five days after the order has been confirmed. The Internet user will have the choice between a refund of the order amount, which will be made without delay and no later than thirty days after payment of the order, and the delivery of a product of equivalent quality and price.

 

4. Prices – Transfer of ownership

4.1 Prices

Prices are indicated in US dollars, including all taxes, excluding preparation and delivery costs, and are valid for the territories concerned.

Products will be invoiced based on the price in effect on the date the order is confirmed.

The Value Added Tax is that in effect in metropolitan France on the date of the order.
Preparation and delivery costs are communicated to the Internet user on the Website at the following address: www.palomacasile.com

Any order placed and delivered outside France may be subject to taxes and/or customs duties upon arrival at its destination. Any customs duties and/or taxes related to the delivery of the order outside French territory are the responsibility of the Internet user. Paloma Casile is not required to verify or inform the customer of the duties and taxes applicable in the country of destination.

The price is payable at the Internet user's discretion:

– either in full on the day the order is placed by the Internet user,

– or in three installments at no extra cost, with the first installment due on the day the order is placed by the Internet user, and the other two installments due according to the terms and frequency specified in the order summary.

To make your payment by credit card, you will be automatically transferred to Stripe's payment server. Stripe's server is secured by encryption to protect all data related to payment methods. Stripe supervises its platform and the transactions submitted to it 24 hours a day, 7 days a week. It should be noted that at no time will your bank details be transmitted via Paloma Casile's computer system.

4.2. Transfer of ownership

The transfer of ownership of Paloma Casile products to the Internet user will only take place after full payment of the price by the latter. Any costs and/or taxes related to the delivery of the order are the responsibility of the customer.

5. Delivery

Paloma Casile will make every effort to ensure that the order is delivered by postal parcel within an average maximum period of 10 working days from the date of acknowledgment of receipt of the order.

It is specified that orders placed on the Website on Friday afternoon from 1 p.m., Saturday, or Sunday will be processed the following Monday. Orders placed on the Website on a public holiday will be processed on the next business day.

These delivery times are provided for informational purposes only, and any delay shall not give rise to any damages, withholding, or cancellation of the order by the Internet user.

However, if the Products ordered have not been delivered (within 7 days) after the indicative delivery date, for any reason other than force majeure, transport and/or postal service strikes, the sale may be canceled on the date specified in writing by the Internet User or Paloma Casile. The sums paid by the Internet User will then be refunded (by check or bank transfer) within a maximum period of 30 days, excluding any compensation or withholding.

The products ordered by the customer will only be delivered to the territories defined in Article 2 above.

Paloma Casile declines all responsibility in the event of delivery delays due to postal services or means of transport.

Delivery may not be guaranteed in cases of force majeure.

The Internet user is required to check the condition of the products delivered.

In the event of loss of the products ordered or damage sustained during delivery, the customer must submit a reasoned complaint to customer service within 15 days, accompanied by all relevant supporting documents, to the following address:

SARL 2011
Paloma Casile
35 rue de Grenelle
75007 Paris
France

After this period, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defects, and no claim will be validly accepted by Paloma Casile.

Paloma Casile will replace, as soon as possible and at its own expense, any Products delivered whose apparent defects or lack of conformity have been duly proven by the Internet user.

 

6.Right of withdrawal

In accordance with Article L121-16 of the French Consumer Code, the Internet user has a period of fifteen working days from the date of receipt of the Products to return, at their own expense and without giving any reason, the Products they have ordered.

In order to be returned, the Products must not have been worn or washed. For obvious hygiene reasons, returns of “underwear” (thongs, tangas, panties, shorts, boxers, etc.) will only be accepted if they show no signs of dirt or wear. Paloma Casile reserves the right to refuse a product that is considered unsaleable in its current condition.

Paloma Casile is solely responsible for assessing the condition of these products and its opinion is final.

 

Buyers who return the Product within this period are entitled to a refund of the price of the Products ordered, with the return costs being borne by the buyer. However, buyers who have exercised their right of withdrawal may opt for an exchange. To exercise this right of withdrawal, you must contact customer service by email at contact@palomacasile.com and follow the procedure that will be communicated to you. Within 10 days of exercising your right of withdrawal, you must return the Products constituting your order in perfect condition, unused and in their original packaging, it being understood that the return costs remain your sole responsibility except in cases of proven non-conformity or hidden defects in the Product.

Custom-made creations cannot be returned, exchanged, or refunded once the order has been finalized by the Customer.

In the event of a refusal to accept a return on the grounds that the products have become unsuitable for resale, the items will be returned to the customer as is, only after the customer has paid the return shipping costs.

Products must be returned in their original packaging, with the labels neither cut nor removed, to the following address:

SARL 2011
Paloma Casile
35 rue de Grenelle
75007 Paris
France

Under no circumstances may Products be returned to a retailer or point of sale.
If the above conditions are met, the price of the Products will be refunded within fourteen days of receipt of the return.

 

7. Liability and Warranty

The Internet User is solely responsible for the choice of Products, their maintenance, and their use.

All Products are covered by the legal warranty of conformity provided for in Articles L. 211-4 et seq. of the French Consumer Code, as well as the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, provided that the Products have been used normally and that the maintenance instructions have been followed.

In accordance with Article L211-4 of the Consumer Code, the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. Paloma Casile shall not be held liable or in default if it proves that any delay or non-performance is due to the occurrence of a case of force majeure usually recognized by French case law, or is attributable to the Internet user or to the unforeseeable and insurmountable act of a third party to the contract.

 

8.Privacy Policy

Paloma Casile is committed to protecting the personal information provided to it by Internet users. Paloma Casile undertakes to respect the confidentiality of the Personal Information transmitted.

In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, amended by Law No. 2004-801 of August 6, 2004, Internet users have the right to access, rectify, delete, and object to data concerning them.
All Personal Information is sent to and stored by the Site host located in France, whose contact details are listed on the Site under the heading “Legal Notice.”

Paloma Casile does not transmit any of its Personal Information to third parties for marketing purposes.
Paloma Casile may disclose Personal Information to legally authorized organizations and authorities, to the extent that disclosure is required or authorized by law, or when necessary or appropriate to comply with applicable laws and other regulations, or to protect or defend its rights or those of its employees, customers, or any other person.

Personal Information will only be retained for as long as is strictly necessary for customer relationship management.

Paloma Casile has taken all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent Personal Information from being distorted, damaged, or accessed by unauthorized third parties.
Paloma Casile reserves the right to modify this Privacy Policy at any time; therefore, you are asked to review it frequently on the Site.
If substantial changes are made, you will be notified by email or a notice will be posted on the Site's home page.

 

9. Applicable law – Competent jurisdiction

This contract is subject to French law.

In the absence of an amicable solution within two months, any disputes arising from this contract, concerning its validity, interpretation, execution, performance, consequences, and repercussions, shall be submitted to the competent French courts.

10. Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation, or following a decision that has become final by a competent court, the other provisions shall remain in full force and effect.

 

These general terms and conditions of sale and the order confirmation sent to the customer form a contractual whole and constitute the entirety of the contractual relationship between the parties.

This contract is subject to French law. In the absence of an amicable solution, only French courts shall have jurisdiction.

Privacy

Publisher and publication manager
PALOMA CASILE
SARL 2011
35 rue de Grenelle
75007 Paris
France

For any questions, please contact: contact@palomacasile.com

This site is hosted in Ireland.

Paloma Casile's commitment
Even for a fee, Paloma Casile undertakes not to disclose any of its personal databases (e-mails, contact details, etc.) to any third party.
We appreciate the commitment of users of the platform when they submit their information.
As a result, we refuse to expose participants to external commercial or advertising campaigns unrelated to the use of Paloma Casile.

⬪ Ownership

The French law of March 11, 1957, under the terms of paragraphs 2 and 3 of Article 41, authorizes, on the one hand, only “copies or reproductions strictly reserved for the private use of the copier and not intended for collective use,” and, on the other hand, analyses and short quotations for the purposes of example and illustration, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful” (paragraph 1 of Article 40). Any representation or reproduction, by any means whatsoever, would therefore constitute an infringement punishable under Articles 425 et seq. of the Penal Code.

All content presented on www.palomacasile.com is covered by the moral and economic rights of the author.

The author is the exclusive owner of the intellectual property rights and database producer rights relating to:

i) the organization and presentation of the service,
ii) the controls, methods, procedures, interfaces and, more generally, all components, creations, illustrations, and texts of the service,
iii) the data available on the service.
As such, the extraction and/or reuse of a substantial portion of the content available on the service may only be granted by the owner of Paloma Caile. www.palomacasile.com is the property of Paloma Casile.

⬪ Photos

The photos presented on this site are not contractual. Paloma Casile reserves the right to modify its materials without notice.


⬪ Data collection

The data collected via the website www.palomacasile.com is used for the following purposes:

- collect your requests,

- create a customer account (allowing you to request a quote and save items in your shopping cart),

- send information about your order,

- ship goods,

- enable a sales representative to call you back,

- send emails and newsletters.

This data is stored on our hosting server and in our computer backups, located in France, for an unlimited period of time unless you request that we delete it (see the “Data Protection” section).

⬪ Data Protection

In accordance with French data protection legislation, any person mentioned in this service has the right to access and rectify their personal data, as well as the right to be forgotten. www.palomacasile.com is registered with the CNIL.

In accordance with Law 78-17 of January 6, 1978, and European regulations concerning the protection of personal data, it is hereby reiterated that the personal data requested from the Buyer is necessary for processing their order and issuing invoices, among other things.

This data may be communicated to any partners of Paloma Casile responsible for the execution, processing, management, and payment of orders.

 

⬪ Processing of information

The processing of information communicated via the website www.palomacasile.com complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of such data.

In accordance with current national and European regulations, the Buyer has the right to access, modify, rectify, oppose the portability of, and limit the processing of information concerning them at any time.

This right can be exercised by writing directly to Paloma Casile at its registered office located at 35 rue de Grenelle 75007 Paris France or by sending an email to the following address: contact@palomacasile.com

In addition, any message sent to you includes an option (in particular by clicking on a hypertext link) to object to the further processing of your data for commercial purposes.