CELINE General Terms and Conditions of Distance Selling
Update: November 26 2018
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 the “United Kingdom (UK)” (such term being understood as including the Isle of Man but not including the British Overseas Territories, Bailiwick of Guernsey and Bailiwick of Jersey). 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. 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 the UK 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.
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: +44 20 7660 0990, email: email@example.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, from 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 +44 20 7660 0990 (local call charges) 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 or English with the CELINE Customer Service on +44 20 7660 0990 (local call charges) between 9 a.m. and 7 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.
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 “Pay your order”.
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 client 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 negligence). 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 client’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 client’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 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.
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.
Each pre-order placed entails a payment obligation for the Purchaser who will have to pay the full amount of the pre-ordered articles. The Purchaser’s bank account will be debited as soon as the Purchaser gives his/her final validation for the pre-order (by clicking on “Pay your 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 and the refund will be made without undue delay and within fourteen (14) days following the Purchaser’s call to the Customer Service.
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 and the refund of the amount paid by the Purchasers for the articles of the cancelled pre-order will be made immediately.
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 applicable law for 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.
ARTICLE 5: PRICES OF THE ARTICLES
Prices of the articles are stated in GBP 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.
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 customer 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 guarantees 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 the UK 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 the UK, for example, when purchased as a gift.
No deliveries will be made to shippers, campuses, outlets or 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 he dates indicated by CELINE or, if no information is provided (including as to non-availability), in any case no more than 30 days after the date of the Order, subject to the price having been paid in full.
Any delays in delivery will entitle the Purchaser to cancel his or her Order.
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 selected store will be made by the date indicated by CELINE or, if no information is provided (including as to non-availability), 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 valid photo ID. The customer’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 client 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 customer on whose behalf the article is being collected,
the Order confirmation email received by the Purchaser.
The store may make copies of all such documents in order to ensure the protection of the Purchaser’s security and prevent any fraudulent use of the Purchaser’s identity and/or means of payment. 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 11 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 client 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.
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.
• 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. This delivery method is not possible for deliveries to places located in Northern Ireland and Isle of Man. All orders placed after Thursday 12 p.m. will only be delivered on Saturday of the following week.
If the delivery is impossible due to the absence of the recipient 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 delivery attempt on the following business day. If this second delivery attempt fails, a new delivery attempt will be made on the following business day. If finally, it has not been possible to make delivery, the Purchaser will have five business days from the final delivery attempt made by the carrier to contact the Customer Service. After this deadline, the products of the Order will be returned to CELINE and the Order is cancelled and refunded.
• Concierge: Same-day delivery or delivery by appointment between 10 a.m. and 10 p.m., Monday to Saturday.
For same-day delivery, the Order must be placed before 2 p.m. This option is available in London only. Delivery slots will be 1 hour up to zone 4 and 90 minutes from zone 4 to zone 6. Once the Order has been placed, the Purchaser will be contacted by Customer Service to agree on a date and time for delivery of the package.
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 must 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). No recourse is possible against the carrier or CELINE unless the relevant procedure has been complied with. In particular, the Purchaser may not claim any refund. The Purchaser or recipient of the Order will also be unable to require CELINE to deliver the ordered articles a second time.
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.
The Purchaser or recipient of the Order may also call Customer Service to discover the detailed methods applicable for returning the damaged article(s). The Purchaser must then comply precisely with the procedure for the return of damaged articles as indicated by Customer Service. If not, the Purchaser will be unable to claim any refund or exchange the articles in question.
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.
• Delivery via UPS or using the Concierge option
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 must 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) must 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 must, within a maximum of thirty (30) 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 (+44 20 7660 0990 (local call charges)) to Customer Service which will then organise collection from the Purchaser (or the recipient of the Order) via UPS or the concierge service. After the 30-day time period, the Purchaser may still exercise his/her right to reject pursuant to article 9 below.
7.3.3 Procedure that must be followed for missing or damaged articles
The Purchaser or recipient of the Order must, within a maximum of thirty (30) days following receipt of the package, notify Customer Service of any missing or damaged articles by telephone on +44 20 7660 0990 (local call charges). After the 30-day time period, the Purchaser may still exercise his/her right to reject pursuant to article 9 below.
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 the UK 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 if no information is provided (including as to non-availability).
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNING ARTICLES
The Purchaser has a statutory right of withdrawal. The Purchaser may therefore exercise his or her right of withdrawal, without obligation to provide reasons for such decision, up to fourteen (14) days after receipt of the article in question by the Purchaser or by any third party designated by the Purchaser other than the carrier. If the Purchaser has ordered several articles in one single Order or if the articles have been delivered in several batches, the withdrawal period commences only when the Purchaser or any third party designated by the Purchaser other than the carrier takes physical possession of the final article or of the final part of the delivery.
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 that have been opened following delivery and which cannot be returned for reasons related to health and hygiene.
In order to notify its withdrawal decision, the Purchaser may use the withdrawal form provided at the end of these General Terms and Conditions of Sale, or any other statement drafted in unambiguous terms. This request can be sent to Customer Service via email to: firstname.lastname@example.org or by any other durable medium.
The Purchaser then immediately receives confirmation of receipt of his or her request for withdrawal which will be sent via email and accompanied by a return waybill (one copy is also to be found in the parcel received by the Purchaser).
Finally, to return the goods, the Purchaser may:
• use the collection service provided for free, from the place of his choice (in the UK). For this purpose, the Purchaser must contact Customer Service on +44 20 7660 0990 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 the following CELINE store: 103 Mount Street, Mayfair London W1K2AP 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 return.
Please note that the store making the return must offer the category of articles for sale as that to which the article for return belongs. For example, ready-to-wear collections can only be returned in stores which offer ready-to-wear for sale.
• send the articles by post. In this case, the Purchaser must, within fourteen (14) days following communication of his or her decision to withdraw, return the article in question to the following address: e-Commerce – CSA ALPI Servizio Moda Srl, Via Di Gonfienti, 2/B, 59100 Prato PO, Italy.
If the Purchaser doesn’t want to use the aforementioned collection service provided for free, he/she pays all costs incurred in returning the article. The Purchaser 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.
In any case, the refund will be made within fourteen (14) days following the receipt by CELINE of the Purchaser’s request for withdrawal (or, if the Purchaser chooses the send the articles by post, within fourteen (14) days following the receipt by CELINE of the articles returned or following the date on which the Purchaser provided evidence of the dispatch of the articles, the date accepted being whichever of these is earlier.
Depending on the payment method used, the amounts paid for the article(s) will be refunded by being credited to the Purchaser bank account corresponding to the card used for the payment, via PayPal or via wire transfer to the Purchaser’s bank account. Any additional expenses paid by the Purchaser and linked to the choice of a specific delivery method will not be refunded.
Please note that no refunds will be given in store, except in case of exchanges for a product which has a lower price when the Order has been paid by bank card and pursuant to the conditions set forth in article 9.
In addition, for gifts, the right of withdrawal remains exclusively with the Purchaser and may not under any circumstances be exercised by the recipient of the gift.
You are responsible for any reduced value of the item resulting from handling by you beyond what is necessary to establish the nature, characteristics and functioning of the item [i.e. handling it only as you would in a retail store.] We may make a deduction from the refund for loss in value to the item if that loss is the result of unnecessary handling by you.
ARTICLE 9: COMPLIANCE - WARRANTY - CUSTOMER SERVICE
CELINE will deliver articles compliant with the contract and free from nonconformity upon delivery i.e. the articles will be as described, fit for purpose, of satisfactory quality. If the articles do not comply with these requirements the consumer has certain legal rights:
9.1 Short-term right to reject
If the articles do not meet the requirements above, the consumer is entitled to reject them up to 30 days after delivery unless the expected life of the articles is shorter (as with perishable goods). The right does not apply if the only breach relates to installation.
If the consumer asks for repair or replacement during this 30-day period, the period is paused so that the consumer has the remainder of the period, or 7 days (whichever is longer) to check whether the repair or replacement has been successful and to decide whether to reject the articles.
If a consumer rejects the articles he/she can return them and claim a full refund. A refund shall be given without undue delay and in any event within 14 days of CELINE agreeing that the consumer is entitled to a refund.
9.2 Repair or replacement
If the articles do not meet the requirements above, but the consumer has lost or chooses not to exercise his/her short term right to reject, he/she will be entitled in the first instance to claim a repair or replacement. Where a repair or replacement is claimed, CELINE shall do this at no cost to the consumer, within a reasonable time and without causing significant inconvenience.
The consumer cannot choose one of these remedies above the other if the chosen remedy is either impossible or disproportionate as compared to the other. Also, once the consumer has chosen a remedy, he/she must give CELINE a reasonable time to provide that remedy.
The remedies fail if, after one attempt at repair or replacement, the articles still do not meet the requirements. The consumer does not have to give CELINE more opportunities to repair or replace, but can do so if he/she wishes. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the consumer.
9.3 Price reduction & the final right to reject
If the remedies of repair or replacement are not available (i.e. impossible or disproportionate from the outset) or fail as set out above, the consumer can choose whether to keep the articles and claim for a reduction in price or to reject them.
A price reduction shall be an appropriate amount, depending on all the circumstances. It can be any amount up to the whole price.
If the consumer rejects the articles, he/she is entitled to a refund but this may be reduced to take account of any use the consumer has had from the articles but no reduction shall be made: (a) only because CELINE has delayed collecting the articles or (b) if the articles is rejected within 6 months of delivery.
9.4 The burden of proof
Other than in the case of the short term right to reject, if the defect is discovered within 6 months of delivery, it is assumed that the fault was there at the time of delivery unless CELINE can prove otherwise or this assumption is inconsistent with the circumstances (e.g. obvious misuse).
If the defect is discovered after 6 months of delivery, OR in the case of the short term right to reject, the consumer has to prove the defect was there at the time of delivery. Some defects do not become apparent until well after delivery, and in those cases it is enough for the consumer to prove that there was an underlying or hidden defect at that time.
A consumer cannot claim a remedy for: (a) for defects that are brought to his/her attention before the sale or if he/she examines the articles before purchase and any defects should have been obvious; (b) for damage he/she causes; (c) if he/she simply changes their mind about wanting the articles (other than under the 14-day withdrawal right above); (d) if he/she chose the articles for a purpose that is neither obvious nor made known to CELINE and the item is simply unsuitable for that purpose; and (e) faults that appear as a result of fair wear and tear.
9.6 Time limits
A consumer can expect the articles not to fail prematurely, even if the reasonable life expectancy is several years. However, a consumer cannot normally bring a claim to court more than 6 years after the breach of contract (usually the date of delivery in a contract for the sale of goods). This does not mean all goods have to last this length of time, but this is the time limit that the law gives a consumer to take legal action.
ARTICLE 10: CLAIMS – INFORMATION
For any information, claim or question relating to the Terms and Conditions of Sale established by CELINE or to the articles themselves, Purchasers should contact the CELINE Customer Service by telephone: +44 20 7660 0990 (local call charges) or via the Website using the form “Contact”, providing an Order number if applicable.
ARTICLE 11: PROTECTION OF PERSONAL DATA
ARTICLE 12 – 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 13: INTELLECTUAL PROPERTY RIGHTS
The trade mark “CELINE” together with all trade marks, 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 trade marks, 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 trade mark, 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 and, particularly, to the provisions regarding breach of copyright and of trade mark 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 14 – 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. The Purchaser maybe 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 if the Purchaser has not taken reasonable care. So the Purchaser must inform CELINE immediately if he or she becomes aware of any third party gaining access to his or her passwords or other misuse. Otherwise, the use of the Purchaser’s identifier (his or her email address) and/or password may be taken as proof of identity and render the corresponding amounts due, once the Order has been validated and provision of a credit or debit card number and the final validation of the Order may 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 15: 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 such as extreme weather, terrorism, strikes or other circumstances beyond its reasonable control which would impede or delay such performance.
CELINE will inform the Purchaser of the occurrence of any such fortuitous event 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 16: DISPUTES - APPLICABLE LAW
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law, but certain specific mandatory local rules may apply. Should any dispute arise in relation to the application and/or interpretation of these General Terms and Conditions of Sale, the Purchaser has the option to have recourse to contractually-agreed mediation proceedings or to any other method of alternative dispute resolution. Any so-called consumer disagreement or dispute may be resolved amicably via mediation conducted by CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the Purchaser can (i) fill out the form published on the CMAP website: www.cmap.fr, tab “you are: a consumer”, (ii) send his/her request by simple letter or registered letter with acknowledgment of receipt to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, or (iii) send an email to email@example.com. Whatever the method used to refer to CMAP, the Purchaser’s request must contain the following in order to be processed quickly: his/her postal, email and telephone contact details as well as CELINE’s full name and address, a brief description of the facts and evidence confirming that he/she first tried to solve the dispute with CELINE.
The Purchaser remains free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
You may also decide to initiate the mediation process via the online dispute settlement platform developed and managed by the European Commission at the following address: 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 shall be submitted to the jurisdiction of the competent courts in accordance with applicable law: you or we may refer the case to the courts where you are resident in the UK or you may refer the case to the French courts.
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: firstname.lastname@example.org
- 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)
[*] Delete as applicable.