COVID 19: OUR STORES IN GERMANY CAN NOW WELCOME YOU BACK BY APPOINTMENT ONLY. OUR SALES ADVISORS REMAIN AVAILABLE FOR REMOTE SELLING AND YOU CAN STILL PURCHASE ON CELINE.COM. FOR ALL INQUIRIES, PLEASE CONTACT OUR CLIENT SERVICE.

Celine General Terms and Conditions of Distance Selling

 

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Last update: 17/02/2021
 


PRELIMINARY ARTICLE 


The company CELINE manufactures and directly and indirectly markets CELINE articles worldwide.

Committed to constantly improving the manner it responds to the expectations of customers, CELINE has decided to create a distance selling network operating via telephone and electronically (via Internet) for certain of the said articles, in parallel with its network of stores used to retail the said articles.

The system thereby implemented requires the consumer to play an active role. This is compliant with the legal requirements imposed in relation to on-line sales and consumer protection.
 
The use of the distance selling process described in these general terms and conditions of sale for distance selling (the “General Terms and Conditions of Sale”) is solely reserved for customers, as defined by law and case law precedent, acting exclusively on their own behalf and for a delivery in Germany (such term being understood as excluding Büsingen am Hochrhein and Helgoland Island). Any order (the “Order”) which is obviously not a retail sale and, more generally, any Order that is fraudulent or presumed as such, shall be deemed null and void by CELINE. CELINE reserves the right to limit the volume of a given article delivered to a single consumer or postal address as mentioned under Article 4.4 below. Prior to placing an Order, the consumer represents and warrants that the purchase of the articles via the Website has no direct link to commercial activity of any kind and is strictly for personal use only.

 

ARTICLE 1: SCOPE OF APPLICATION


These General Terms and Conditions of Sale are applicable to all sales of CELINE articles agreed either via the customer service department set up by CELINE (“Customer Service”), or via the e-commerce website (the “On-Line Store”), accessible at: www.celine.com (the “Website”), for delivery to Germany (such term being understood as excluding Büsingen am Hochrhein and Helgoland Island) only.

Their purpose is, firstly, to provide any potential Purchaser with information regarding the conditions and detailed methods under which the seller (hereinabove and hereinafter, “CELINE”) proceeds with the sale and delivery of the articles ordered, and, secondly, to define the rights and obligations of the Parties in the context of the sale by CELINE of articles to the consumer (the “Purchaser”).

In respect of telephone sales, the Purchaser is urged to consult the General Terms and Conditions on the Website before completing his or her Order.

In respect of Internet sales, the Purchaser, in ticking the relevant box, acknowledges having read these General Terms and Conditions of Sale prior to placing the Order and having accepted them without restriction, such acceptance being under no circumstances conditional on a handwritten signature by the Purchaser.

These General Terms and Conditions of Sale may be retained by any individual who visits the Website by being downloaded and saved as an electronic file and may be printed out.
CELINE reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser at the moment of placing the Order.

These General Terms and Conditions of Sale are completed by the “Privacy Policy” and “Cookies Policy” which can be consulted on the Website.

 

ARTICLE 2: IDENTIFICATION OF THE SELLER


The articles are sold by CELINE, a public limited company (société anonyme) with share capital of 2,802,576 Euros, registered with the Paris Trade and Companies Register under the number B 572 034 361, having its registered office at 16, rue Vivienne, Paris 75002, telephone: +33 1 70 48 92 92, email: clientservice.eu@celine.com, VAT number: FR 47572034361.

 

ARTICLE 3: INFORMATION REGARDING THE ARTICLES


Information relating to all CELINE articles that may be sold via the CELINE On-Line Store or CELINE Customer Service is available, with their references, at all CELINE stores as well as via the Website.

The Purchaser may select one or more articles from the range of categories offered on the Website.

CELINE may at any time modify the range of articles offered for sale via its Website, based, in particular, on constraints linked to suppliers, without prejudice to any Orders placed by the Purchaser.

For any queries relating to the articles and their use, any additional questions or requests for advice, the Purchaser may contact the CELINE advisors team by calling Customer Service on +49 800 627 1086 (local call charges apply) during the opening hours shown on the Website’s “Contacts” page only.

 

ARTICLE 4: ORDERING AND PRE-ORDERING ARTICLES


Any Order and any pre-order placed entails acceptance of these General Terms and Conditions of Sale, the Privacy Policy and the Cookies Policy, without prejudice as to any specific contractual terms and conditions agreed by the Parties.

 

4.1 Orders placed by phone


Orders can be placed in either French, English or Italian with the CELINE Customer Service on +49 800 627 1086 (local call charges apply) from Germany (such term being understood as excluding Büsingen am Hochrhein and Helgoland Island) between 9 a.m. and 8 p.m., Monday to Saturday, except French bank holidays.

 

4.2 Orders placed via the On-Line Store.


Orders can be placed via Internet through the Website.  

The Purchaser remains responsible for all telecommunications charges incurred in accessing the Internet and using the On-Line Store

In the event of extended periods of inactivity during the session, any selection of articles made prior to such inactivity may no longer be guaranteed. The Purchaser will then be invited to re-commence the selection process.

All stages required for a sale will be detailed on the Website. The Purchaser may choose an article and add it to the shopping cart. Articles can be deleted from such cart at any time before the Purchaser finally confirms his or her Order. The order process can be terminated by not finalizing the order process or closing the browser window.

Before giving final confirmation of his or her Order, the Purchaser will have the opportunity to verify the details of the Order and its total price and to correct any potential mistakes, before then confirming acceptance. NB: each Order placed entails a payment obligation. In order to give the final validation for an Order, the Purchaser clicks on “Place order and accept payment obligation”.

Once the Purchaser has validated the Order, CELINE then immediately confirms receipt via email. However, the sale will be considered as definitive only once the Purchaser has been sent confirmation of dispatch or a note showing that CELINE has made the Order available for collection. Only those articles dispatched will be debited.

For Orders delivered via “collection in store”, the Purchaser will receive an email confirming the Order following the purchase. He or she will then be notified via email when the package is available in the selected CELINE store.

CELINE advises the Purchaser to keep a paper or electronic copy of such emails. If such emails are not properly received, the Purchaser is advised to check whether they are in a spam folder. The Purchaser should note that emails are sent to the email address provided by the Purchaser. In addition, CELINE cannot therefore be held liable for any error made when entering the relevant email address or if the message confirming that the Order has been dispatched or is available for collection is not received (except if the confirmation email is not received because of CELINE’s misconduct). In such case, the sale will be considered as validated with the exception of cases in which the Order is cancelled by CELINE, particularly in the event of articles being unavailable, default of payment or suspicion of fraud. The Purchaser may nevertheless exercise his or her right of withdrawal under the conditions set out in article 8 of these General Terms and Conditions of Sale.

CELINE will be entitled to retain the entire amount of the price corresponding to the Order:
• For all Orders other than Orders delivered via “collection in store”: as soon as the Order has been dispatched;
• For Orders delivered via “collection in store”: as soon as the Order becomes available for collection in the CELINE store selected by the Purchaser.

Despite the great care taken by CELINE in the presentation of its articles in the On-Line Store, CELINE cannot guarantee that the actual appearance will correspond exactly to what appears on screen. In particular, colours may vary slightly, particularly due to technical constraints relating to the presentation of colours via computer. CELINE cannot be held liable for non-substantive errors that may occur.

The articles being offered for sale by CELINE are those featured in the On-Line Store as of the date on which the Purchaser consults the On-Line Store and within the limits of the stock available. CELINE reserves the right to withdraw articles from sale at any time. If any article is unavailable, the Purchaser will be informed as soon as possible by Customer Service and notified that only part of the Order will be delivered or that the Order will be cancelled. If the entire Order is cancelled due to unavailability, the Purchaser’s Order will be automatically cancelled and no amount will be debited from the relevant bank account. If part of the Order is cancelled due to unavailability, the Purchaser’s Order will be validated and the relevant bank account debited only for the amount corresponding to the available articles actually dispatched.

 

4.3 Ordering articles as a guest


If the Purchaser doesn’t wish to create an account on the Website, it is also possible to purchase articles as a guest via the Website. With this purchasing option, the Purchaser is only required to provide the information necessary for the processing of your Order.
If the email address used is changed during the course of the order process, the selection of articles chosen prior to such change will no longer be guaranteed. The Purchaser will then be invited to re-commence the selection process.
An electronic invoice will be available by clicking on the link featured in the email confirming that your Order has been dispatched or is available for collection.

 

4.4 Pre-order

 

Some articles identified on the Website may be available for pre-order. Mixed order consisting of currently available articles and pre-ordered articles is not possible.

Subject to the conditions provided for herein and to the conditions mentioned on the Website page of the articles available for pre-order (delivery period and delivery options), pre-orders will be governed by the same processes and conditions as those applicable to Orders.

In case of a pre-order of several articles with different delivery dates mentioned on the Website, the latest delivery date will be applicable to the entire pre-order.

Besides the right of withdrawal provided for in article 8 hereabove and as long as the preparation of the shipment of the pre-order has not begun, the Purchaser will be entitled to cancel his/her pre-order by calling the Customer Service. In this case, the pre-ordered articles will not be delivered to the Purchaser.

Due to production constraints, CELINE might have to cancel in some cases a Purchaser’s pre-order, in whole or in part. CELINE will inform the Purchaser of such cancellation without undue delay.

 

4.5 Refusal of orders


Please note that purchases made via the Website are reserved for non-professional private customers, buying for their own personal use (or as gifts to family members), which is why CELINE only sells articles in quantities that correspond to the usual average needs of one household. CELINE reserves the right to refuse or cancel on legitimate grounds any Order in which the number of articles or amount to be paid (for one or more combined Orders) appears not to correspond to the usual average use of one household, any Order that might suggest that commercial activity is being carried out by the Purchaser in relation to the articles ordered or, more generally, any Order that appears abnormal pursuant to the case law precedent applicable to such cases.

Finally, CELINE reserves the right to suspend or cancel the fulfilment of any Order and/or delivery, of any kind whatsoever and at any stage in the process, in the event of payment default or of partial payment of any amount owed by the Purchaser, in case of a payment incident, or in the event of fraud or attempted fraud in relation to the use of the CELINE Website, including in the context of previous Orders.

 

4.5 Storing of the contract wording, language of the contract


The contract wording will be stored by CELINE. The Purchaser will receive an electronic copy of these General Terms and Conditions of Sale, which can be accessed via the Website as well. The language available for the conclusion of the contract is English only.

 

ARTICLE 5: PRICES OF THE ARTICLES


Prices of the articles are stated in Euros and inclusive of VAT. Unless otherwise specifically stated when the Order is placed via the On-Line Store or via telephone with the Customer Service, prices do not include delivery costs which are invoiced in addition to the price of the articles purchased. Delivery costs will be shown before the Order is registered by the Purchaser. The various delivery options are set out in the General Terms and Conditions of Sale below and are repeated on the Website; they may be modified at any time by CELINE. CELINE therefore advises Purchasers to check the General Terms and Conditions of Sale featured on the Website on a regular basis. Prices applicable to articles sold on-line via the Website are those in force at the moment at which the Order is placed by the Purchaser. Prices applicable to articles may be modified at any time by CELINE. The Purchaser will be notified of any such modification before placing an Order and will be granted in any case the right to withdraw from the Order.
CELINE carries out checks on a regular basis to ensure that the prices applied are correct. However, certain prices may be impacted by an error. If CELINE notes that an error has been made in relation to the price of an Order, the Purchaser will be informed as soon as possible. CELINE reserves the option to cancel any Order relating to an article for which a manifest error in pricing has been made. If payment has already been made for the Order, the Purchaser will receive an immediate refund corresponding to the amount paid and, if applicable, if the Order has been delivered, this must be returned to CELINE.
Upon confirmation of the Order, the Purchaser will receive written confirmation of the price paid for each of the articles, giving details of the price of each article and, where applicable, the delivery costs charged.

 

ARTICLE 6: PAYMENT TERMS AND CONDITIONS


Payment for purchases made by the Purchaser via the Website can be made:
• using a PayPal account. By choosing payment via PayPal, the Purchaser will be automatically redirected to his or her PayPal account. Once payment via PayPal has been validated, the Purchaser will be redirected to the page confirming the Order on the Website.
• by debit or credit card (Visa, Eurocard/Mastercard and American Express cards are all accepted)
In this case, the Purchaser’s bank card is debited:
• for all Orders other than Orders delivered via “collection in store”: as soon as the Order has been dispatched;
• for Orders delivered via “collection in store”: as soon as the Order becomes available for collection in the CELINE store selected by the Purchaser.

For Orders placed via telephone with the Customer Service, payment for purchases made by the Purchaser can be made:
• by bank wire transfer from an account held in the name of the Purchaser. In this case, CELINE sends the Purchaser an email containing the bank details of the CELINE account to which the transfer is to be made.
• by debit or credit card (Visa, Eurocard/Mastercard and American Express cards are all accepted).
In this case, the Purchaser’s bank card is debited:
• for all Orders other than Orders delivered via “collection in store”: as soon as the Order has been dispatched;
• for Orders delivered via “collection in store”: as soon as the Order becomes available for collection in the CELINE store selected by the Purchaser.

For payment by bank card, the Purchaser confirms to Customer Service when placing an Order via telephone or warrants to CELINE when placing an Order via Internet that he or she is the holder of the bank card and that the name featured on the bank card to be debited is indeed the Purchaser’s, and then provides the number and expiry date featured on the front of the card together with the CVV security number shown on the back (or front) of the card via telephone or using a secured web page.

For payments made via Internet, checks are carried out on-line directly with the relevant banking establishments and bodies, queried using the system operated by the company Cybersource. For this purpose, this company, located in the United States, will implement the automated storage and processing of information relating to each Order, including details of the bank card, in a secured environment.
In addition, in order to combat Internet fraud, CELINE carries out processing in relation to risk assessment and fraud prevention for payments made via the Website, for which CELINE also uses the services of Cybersource. The data gathered is intended solely for use by those authorised individuals at CELINE tasked with fraud prevention.
If, for any reason whatsoever (rejection, refusal by the issuer’s payment processing centre, etc.), it proves impossible to debit the amount owed by the Purchaser, any purchase made via telephone is immediately abandoned and the purchasing process via Internet is immediately cancelled.

 

ARTICLE 7 – DELIVERY AND RECEIPT


7.1 General provisions


All articles ordered by the Purchaser in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Purchaser as the delivery address for the Order in question (the “Delivery Address”).

Information concerning delivery methods may also be obtained from the basket confirmation page, as well as from the Order summary page, prior to payment. Delivery charges are to be added to the total price of the Order and will be notified to the Purchaser prior to validation of his or her Order.
No delivery will be made by CELINE if it proves impossible to obtain full payment of the price.

Articles may only be delivered in Germany and to the delivery address indicated by the Purchaser at the time of the Order.

The Purchaser may have articles delivered to an individual designated by the Purchaser in Germany (such term being understood as excluding Büsingen am Hochrhein and Helgoland Island), for example, when purchased as a gift.

No deliveries will be made to shippers, campuses, outlets, PO boxes and hotels (other than those on a list that can be provided to the Purchaser by Customer Service upon request), notably for security reasons. Articles will only be delivered once payment for the Order has been recorded.

Articles ordered will be delivered within the dates indicated by CELINE or, if no information is provided, in any case no more than 30 days after the acceptance of the Order, subject to the price having been paid in full.

CELINE also offers the option of delivery to a store (delivery via “collection in store”).

 


7.2 Characteristics of the Website delivery options


7.2.1 Delivery via “collection in store”


The Purchaser has the option to choose delivery via “collection in store” when placing an Order and may select a store from the list provided.

The delivery of the Order to the selected store will be made by the date indicated by CELINE or, if no information is provided, in any case no more than 30 days after the date of the Order, subject to the price having been paid in full.

The Purchaser is informed via email as soon as the article is available for collection in the store selected. He or she then has 15 calendar days to come and collect the article from the relevant store.

When collecting the article in-store, the Purchaser must show the confirmation email corresponding to the Order, the bank card used for payment (or the payment confirmation email sent by PayPal) together with a valid photo ID. The Purchaser’s identity will then be checked, and a copy of the ID document may be made, to which the Purchaser expressly consents by choosing this delivery method. The store also reserves the right to verify the payment card used to make payment for the Order. The article purchased will then be handed to the Purchaser in exchange for signature of a collection note.

The Purchaser also has the option to ask any person of his or her choice to collect the article on the Purchaser’s behalf in accordance with the terms and conditions of this article. The person thereby designated by the Purchaser will then be asked to provide
(i) his or her own ID,
(ii) the ID of the Purchaser on whose behalf the article is being collected,
(iii) the Order confirmation email received by the Purchaser.

The store may make copies of the letter authorising the collection of the article in store. The Purchaser undertakes to inform any agent appointed by him or her
(i) of the period of 15 days allowed for collection of the article in-store,
(ii) of the documents required that will be requested in order to complete the collection of the article
(iii) that this service involves the processing of personal data relating to this individual, in accordance with article 12 of the General Terms and Conditions of Sale.

The sale will be automatically abandoned upon expiry of this 15-day period starting from the sending by CELINE of a message to the Purchaser stating that the article is ready for collection in store. The price paid for the Order will then be refunded to the Purchaser.

When collecting the package, the Purchaser, his or her designated agent or the recipient of the Order must sign the shipping note for the Order. This note constitutes proof of delivery by CELINE and proof of receipt by the Purchaser or the recipient of the Order regarding the articles ordered. No challenge relating to the delivery itself can be made if the package is shown as having been delivered, as evidenced by the records held by CELINE.

 

7.2.2 Delivery to an address


The package containing the articles ordered and paid for is hand-delivered in person to the exact address provided when the Order was placed.
All deliveries made must be signed for.

Several delivery options are available:
• UPS: Express Delivery between 9 a.m. and 6 p.m., Monday to Friday
The Purchaser is notified via email and/or SMS when the package is collected by the carrier and given an exact delivery date.
• UPS: Saturday Delivery 9 a.m. to 12 p.m.
If the Purchaser places an Order before Thursday 12 p.m., the Purchaser will have the possibility to be delivered on the next Saturday should the postal code of the delivery address be eligible. All Orders placed after Thursday 12 p.m. will only be delivered on Saturday of the following week.

For both UPS Express Delivery and UP Saturday Delivery, if delivery is impossible due to the recipient not being present at the place of delivery, a notice will be left at the delivery address indicated by the Purchaser and the carrier will make a second attempt to deliver on the following business day. If this second attempt fails, a new attempt will be made on the following business day. If finally, it has not been possible to make delivery, the Purchaser will then have five business days starting from this final attempt to deliver by the carrier to contact Customer Service before the articles comprising the Order are returned to stock and the Order is cancelled and refunded.

 

7.3 Faults, defects, damaged packages


7.3.1 General provisions


The Purchaser or recipient of the Order should check the appearance of the package and the articles at the time of delivery.
In the event of a defect concerning the package (damaged package, opened package, traces of liquid, etc.) or the article(s) ordered (missing article(s), damaged article(s)), the Purchaser or recipient of the Order is asked to then follow whichever of the procedures described below (articles 7.3.2 and 7.3.3. of these General Terms and Conditions of Sale) applies to the condition of the Order or may decide not to accept delivery (in which case the deliveryman will take back the package). Non-compliance of the Purchaser if said procedures does not have any impact on the Purchaser's claims resulting from delivery of a defective article.
The Purchaser will then be contacted by Customer Service as soon as possible to discuss his/her refusal to accept delivery. If the transport defect is confirmed by Customer Service, the Order will be cancelled, and the full cost of the articles contained in the package and all delivery charges will be refunded to the Purchaser, or the Purchaser may ask Customer Service to deliver a non-defective article instead.

 

7.3.2 Procedures to be followed for damaged packages


• Delivery via “collection in store”
The Purchaser (or the recipient of the Order) may refuse to accept delivery if, when collecting the parcel or package, he or she notices a defect (damage, package opened, traces of liquid, etc.). In this case, the parcel or package is then kept by CELINE which will note the defect and refund the Purchaser or take down the Purchaser's order of a new, defect-free article.
• Delivery via UPS
If the Purchaser (or the recipient of the Order) notes any defect regarding the package (package damaged or opened, traces of liquid, etc.), he or she should set out detailed reservations in writing on the shipping note. The reservations noted by the recipient at the time of delivery constitute evidence confirming the existence and scale of the damage. The Purchaser (or the recipient of the Order) should take care to provide full and precise details in the wording (simply stating “subject to unpacking” is considered to be too general and inaccurate). The package must not be opened.
The Purchaser should then, within a maximum of fourteen (14) days following receipt of the package in question, note the Order number and delivery slip number shown under the bar code in order to notify the fault by email or telephone (+49 800 627 1086 (local call charges)) to Customer Service which will then organise collection from the Purchaser (or the recipient of the Order) via UPS.

 

7.3.3 Procedure to be followed for missing or damaged articles


The Purchaser or recipient of the Order should, within a maximum of fourteen (14) days following receipt of the package, notify Customer Service of any missing or damaged articles by telephone on +49 800 627 1086 (local call charges).
Customer Service may ask for all information related to the identity of the Purchaser or recipient of the Order and carry out all useful verifications in this context.

 

7.4 Delivery deadlines


Delivery deadlines are calculated from the moment of receipt of Order confirmation via email.
Delivery deadlines for Orders sent within Germany are as stated when the Order is placed. In particular, these take into account the time at which the Order was placed and business days in the country of delivery. During the Christmas and New Year holiday period (from 23 November until 31 December), deadlines may be extended on an exceptional basis due to high levels of activity for carriers.
In any case, delivery deadlines shall not exceed 30 days from the placing of the Order.

 

ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNING ARTICLES


Consumers have a right to withdrawal from this contract as follows:

 

8.1 Notice on the right to withdrawal


Right of withdrawal
The Purchaser has a right of withdrawal from this contract within fourteen days, without having to state reasons. The withdrawal period is fourteen days starting on the day on which the Purchaser, or a third party named by the Purchaser who is not the carrier, took physical possession of the last article(s) delivered.
In order for the Purchaser to exercise his or her right of withdrawal, the Purchaser shall inform CELINE (clientservice.eu@celine.com; +49 800 627 1086), by way of a clear declaration (e.g. a letter sent by post, telefax or e-mail) of his or her decision to withdraw from this contract. The Purchaser may, but is not obliged to, use the sample withdrawal form as shown in article 8.2 and in appendix for this purpose.
In order to observe the withdrawal period, it is sufficient for the Purchaser to have sent off the notice regarding his or her exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If the Purchaser withdraws from this contract, CELINE must refund the Purchaser for all payments CELINE has received from the Purchaser, including the delivery costs (with the exception of the additional costs resulting from the fact that the Purchaser chose a delivery method other than the cheapest standard delivery offered by CELINE). CELINE shall use the same payment method that the Purchaser used for the original transaction for this refund, unless an explicit agreement to the contrary has been reached with the Purchaser; the Purchaser will not, under any circumstances, be charged any fees for this refund. CELINE can refuse to refund the Purchaser until CELINE has received the returned articles or until the Purchaser furnishes evidence showing that he or she returned the articles, whichever happens sooner.

The reimbursement will be made within fourteen (14) days from the receipt the articles by CELINE.

The Purchaser may:
• use the collection service provided for free, from the place of his or her choice (in Germany). For this purpose, the Purchaser must contact Customer Service on +49 800 627 1086 to agree on an appointment (date) for the collection of the article(s) by CELINE. Collection in this manner must be made within fourteen (14) days following the announcement of the Purchaser’s decision to withdraw;
• return the article(s) to one of the following CELINE store: Maximilianstrasse 22, 80539 München with the articles delivered in their original packaging, complete (boxes, accessories, protection, labels, booklets, etc.) and accompanied by a copy of the invoice and bank card used to make the purchase (or the email sent by PayPal and confirming the payment).
Please note that the store making the exchange must offer the category of articles for sale as that to which the article for exchange belongs. For example, ready-to-wear collections can only be exchanged in stores which offer ready-to-wear for sale.

As an alternative, the Purchase may return the articles back or hand them over to e-Commerce – CSA ALPI Servizio Moda Srl, Via Di Gonfienti, 2/B, 59100 Prato PO, Italy, without delay and in any event within fourteen days of the day on which the Purchaser informed CELINE of the withdrawal from this contract at the latest. This deadline shall be deemed to have been met if the Purchaser dispatches the articles before the fourteen-day period comes to an end. The Purchaser shall bear the direct costs associated with the return of the articles.

The Purchaser is only liable for any loss of value relating to the articles if this loss of value is attributable to the articles being handled in a manner that was not necessary for the purposes of assessing the features, characteristics and working order of the articles.

The right of withdrawal cannot be exercised for Orders relating to:
• goods produced in accordance with specifications provided by the Purchaser or that are clearly personalised;
• the provision of goods which were sealed for reasons related to health and hygiene and where the seal has been removed by the Purchaser following delivery.

 

8.2 Sample withdrawal form

 

(If you wish to withdraw from the contract, please complete this form and send it back.)
- To CELINE SA, clientservice.eu@celine.com
- I/We [*] hereby notify[*] you of my/our [*] withdrawal of the order relating to the sale of the goods described below
- Goods ___ [reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (if this form is filed in paper copy only)
- Date
- [*] Delete as applicable

 

ARTICLE 9: EXCHANGES


In addition to the right of withdrawal described above, CELINE wishes to offer its Purchasers an opportunity to exchange the articles delivered subject to the terms and conditions described below.

Please note that only Purchasers who have paid by bank card may exchange the article delivered for an article at a lower price. For all the other methods of payment, the exchange is possible only for an article whose price is equal or higher.

The Purchaser may, at his or her discretion, within thirty (30) days following the date of delivery:
• Either complete the exchange remotely. In this case, the Purchaser may call Customer Service and
(i) agree on the collection service provided by CELINE free of charge from any place of his or her choice (in Germany such term being understood as excluding Büsingen am Hochrhein and Helgoland Island),
(ii) or must return the articles delivered in their original packaging, complete (boxes, accessories, protection, labels, booklets, etc.) and accompanied by the return waybill, duly completed, as well as a copy of the invoice, to the following address: e-Commerce – CSA ALPI Servizio Moda Srl, Via Di Gonfienti, 2/B, 59100 Prato PO, Italy. In this second case, the Purchaser will have to pay the costs incurred in returning the article and will be responsible for obtaining evidence of the return, meaning that those articles to be returned must be sent by recorded delivery or via any other method that provides confirmation of the date, with the costs and risks entailed in the return being borne by the Purchaser. No new deliveries can be made until the articles returned by the Purchaser have been received by CELINE.
• Or come in person to one of the following CELINE store: Maximilianstrasse 22, 80539 München with the articles delivered in their original packaging, complete (boxes, accessories, protection, labels, booklets, etc.) and accompanied by a copy of the invoice and bank card used to make the purchase (or the email sent by PayPal and confirming the payment), in order to complete the exchange.

Please note that the store making the exchange must offer the category of articles for sale as that to which the article for exchange belongs. For example, ready-to-wear collections can only be exchanged in stores which offer ready-to-wear for sale.

Whatever the option selected, no exchange will be offered for any articles returned incomplete, worn, damaged, deteriorated, dirtied or in any other state that could reasonably suggest that they have been used or worn, which will be sent back to the Purchaser via post in the case of a distance exchange and the exchange will be refused if the Purchaser wanted to return the article in a store. For footwear, the sole must also be intact: trying on CELINE shoes while standing on carpet or rugs is therefore highly recommended.

If articles are exchanged, the initial sale will be terminated. Payment in relation to the new sale will be made via off-setting against the value of the previous sale, being understood that any amount overpaid in the context of payment by bank card will be re-credited to the Purchaser’s bank card. If the original article is exchanged for an article whose price higher, the difference will have to be paid by the Purchaser.

Please note that, for gifts, the option to exchange can be exercised by the recipient of the gift, it being understood that in the context of a distance exchange via CELINE’s Customer Service, no repayment can be made in favour of the recipient of the gift in the event of differences in price.

For articles exchanged via Customer Service, the new sale will be subject to these General Terms and Conditions of Sale.

In the context of the commercial policy on exchanges proposed pursuant to this article, CELINE reserves the right to refuse an exchange after two (2) successive requests.
In addition, any delivery costs paid by the Purchaser will not be refunded to the latter.

 

ARTICLE 10: COMPLIANCE - WARRANTY - CUSTOMER SERVICE


Regarding all articles offered for sale via the Website, the Purchaser may exercise its statutory rights under the German Civil Code ("BGB") in case of any defects of such articles.

Articles that have been modified, repaired, integrated or added by the Purchaser are excluded from the scope of the warranty, as far as such modification, repair, integration or addition has caused the defect. The warranty will not cover articles damaged during transportation by the Purchaser or a third party (other than the carrier delivering the article(s) for CELINE) or by incorrect use.

 

ARTICLE 11: CLAIMS – INFORMATION – CUSTOMER SERVICE


For any information, claim or question relating to the General Terms and Conditions of Sale established by CELINE or to the articles themselves, Purchasers should contact the CELINE Customer Service by telephone: +49 800 627 1086 (local call charges) or via the Website using the “Contact Us” form, providing an Order number if applicable.

 

ARTICLE 12: PROTECTION OF PERSONAL DATA


CELINE gathers personal data relating to the Purchaser and, if applicable, to the recipient of the Order. The Purchaser is hereby informed that this automated processing of information, particularly the management of users’ email addresses, has been the subject of a declaration made to the French data protection authority (CNIL). The end purpose, recipients and conditions under which CELINE gathers and processes personal data are set out in the Website’s privacy policy and policy on Cookies.

 

ARTICLE 13 – RETENTION OF OWNERSHIP


CELINE retains full and entire ownership of all articles sold up until the payment in full has been processed, including the amount in principal, expenses, taxes and mandatory duties.

 

ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS


The trademark “CELINE” together with all trademarks, figurative or other, and, more generally, all other brands, illustrations, images and logos featured on CELINE articles, their accessories or packaging, whether protected by copyright or not, are and shall remain the exclusive property of the company CELINE. Any reproduction, whether total or partial, modification or use made of such trademarks, illustrations, images and logos, for any reason whatsoever and on any support whatsoever, made without express prior consent from CELINE, is strictly prohibited. Also prohibited is any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive mark intended to create a composite logo. This is also the case for any copyright, designs and patents which are the property of CELINE.
The use of all or part of the Website, particularly via downloading, reproduction, communication or representation, for any purposes other than personal and private use for non-commercial purposes, is strictly prohibited. Any person who breaches these provisions is then exposed to the sanctions defined by applicable law, particularly, by the provisions regarding breach of copyright and of trademark rights, and in relation to civil liability.
Express prior authorisation must be obtained from us in writing for the creation of hypertext links to any one of the pages or component parts of the Website. Such authorisation may be revoked at any time. Websites containing a hypertext link redirecting to the On-Line Store or to which the On-Line Store could itself link are not under the control of CELINE and CELINE therefore declines all liability (particularly as publisher) concerning access to and the content of such websites.

 

ARTICLE 15 – SIGNATURE AND EVIDENCE


CELINE acts to ensure that a high level of security is guaranteed in relation to the personal information of its customers, however the Purchaser also has a role to play in the protection of his or her personal data. In particular, the Purchaser must keep his or her on-line transactions secure by, for example, never disclosing identifiers (the Purchaser’s email address) and/or passwords to anyone and by changing passwords on a regular basis. CELINE cannot therefore be held liable with regard to the disclosure of any information concerning the Purchaser to any individual having used the Purchaser’s identifier (email address) and/or password. The user of the Purchaser’s identifier (his or her email address) and/or password will therefore be taken as proof of identity and render the corresponding amounts due, once the Order has been validated. CELINE shall not under any circumstances be held liable with regard to the fraudulent use of such information. Provision of a credit or debit card number and the final validation of the Order will be taken as evidence of acceptance of the said Order and render due the amounts committed by the entry of the articles making up the Order. The automated registers saved in the IT systems of CELINE and its partners will be considered as evidence proving the communications, Orders and payments made by and between the Parties.

 

ARTICLE 16: FORCE MAJEURE


The performance by CELINE of all or part of its obligations will be suspended upon the occurrence of an event of force majeure as defined by the applicable law which would impede or delay such performance.
CELINE will inform the Purchaser of the occurrence of any such fortuitous event or event of force majeure within seven (7) days. Should this suspension continue for more than fifteen (15) days, the Purchaser would then have the option to terminate any outstanding Orders, and a refund would then be paid under the conditions set out in article 8 of these General Terms and Conditions of Sale.

 

ARTICLE 17: DISPUTES - APPLICABLE LAW


These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. However, this choice of law shall only apply to the extent that the consumer is not deprived of the protection granted to him/her on the basis of mandatory provisions of the law that applies in the country in which he/she has his/her habitual place of abode as a result.

Should any dispute arise in relation to the application and/or interpretation of these General Terms and Conditions of Sale, the Purchaser should have the option to have recourse to mediation proceedings or to any other method of alternative dispute resolution. In this regard, the European Commission provides a platform for online dispute resolution, through which the Purchaser and CELINE may settle disputes relating to online purchases with the assistance of an impartial dispute resolution body. The ODR Platform is accessible at the following link: http://ec.europa.eu/consumers/odr/.

If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Sale can be submitted to the jurisdiction of the competent courts pursuant to the French Code of Civil Procedure and the French Consumer Code. Further, a Purchaser which is a consumer may bring a claim to enforce his or her consumer protection rights in connection with these General Terms and Conditions of Sale in the EU country in which he or she lives.

If either Party decides not to take action against the other Party in the event of a breach of any one of its obligations set out within these General Terms and Conditions of Sale, this may not be interpreted for the future as a waiver of the obligation in question

 


FORM TO BE USED FOR WITHDRAWALS


(Please complete and return this form only if you wish to withdraw an order).
- FAO the CELINE customer service department at following email address: clientservice.eu@celine.com
- I/We [*] hereby notify[*] you of my/our [*] withdrawal of the order relating to the sale of the goods described below
- Goods ___ [reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (if this form is filed in paper copy only)
- Date
[*] Delete as applicable.