CELINE GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING
Last update: September 16th, 2019
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 “Sweden”. 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 Sweden 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: +46 20 12 03 528, email: firstname.lastname@example.org, 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 +46 20 12 03 528 (local call charges) during the opening hours shown on the Website’s “Contacts” page only. Please note that unfortunately, to date, our Customer Service is not able to answer in Swedish and all exchanges with our Customer Service will have to take place in English (including for the after-sale service)
ARTICLE 4: ORDERING AND PRE-ORDERING ARTICLES
4.1 Orders placed by phone
Orders can be placed in English and French with the CELINE Customer Service on +46 20 12 03 528 (local call charges) between 10 a.m. and 7 p.m., Monday to Saturday, except French public 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 Purchaser has been sent confirmation of dispatch. Only those articles dispatched will be debited.
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 (except if the confirmation email is not received because of CELINE’s misconduct). In such case, the sale will be considered as validated except for 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 as soon as the Order has been dispatched.
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 Purchasers 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.
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 if 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 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 SEK 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 (“CB” network, Visa, Eurocard/Mastercard and American Express cards are all accepted). In this case, the Purchaser’s bank card is debited as soon as the Order has been dispatched.
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 (“CB” network, Visa, Eurocard/Mastercard and American Express cards are all accepted).
In this case, the Purchaser’s bank card is debited as soon as the Order has been dispatched.
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 Sweden 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 Sweden, 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 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 under the conditions set out in article L. 216-2 of the French Consumer Code, i.e. by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having instructed CELINE, by registered letter with acknowledgement of receipt, to make the delivery within a reasonable additional period, CELINE has not performed within that period. The Order shall be considered cancelled upon receipt by CELINE of the letter or other written durable medium informing CELINE of such termination, unless CELINE has since performed. By way of exception, the Purchaser may immediately cancel his or her Order where CELINE refuses to deliver the goods or where CELINE fails to fulfil his obligation to deliver the goods within the dates indicated by CELINE or, if no information is provided, in any case no more than 30 days after the date of the Order and where that date or period constitute an essential condition of the Order for the Purchaser. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Purchaser before the conclusion of the contract.
7.2 Characteristics of the Website delivery
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.
The delivery will be made by 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 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 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 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
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 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 (+46 20 12 03 528 (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 that must be followed for missing or damaged articles
The Purchaser or recipient of the Order must, within a maximum of fourteen (14) days following receipt of the package, notify Customer Service of any missing or damaged articles by telephone on +46 20 12 03 528 (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 Sweden 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 receipt of the Order.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNING ARTICLES
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Purchaser has a 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.
In accordance with article L. 221-28 of the French Consumer Code, 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 may be sent to Customer Service via email to: email@example.com.
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 Sweden). For this purpose, the Purchaser must contact Customer Service on +46 20 12 03 528 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 CELINE stores operated by CELINE using the same currency as the one used for the Order, excluding retail departments, outlets and airports 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, women ready-to-wear collections can only be returned in stores which offer women ready-to-wear for sale. The refund will be made within fourteen (14) days following the receipt of the article to the CELINE store,
• 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. In that case, the Purchaser shall pay 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. In application of article L. 221-24 of the French Consumer Code, 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.
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.
When possible, CELINE kindly asks the Purchaser to return the articles delivered in their original packaging even if this is not a legal requirement in order for the Purchaser to be able to return the articles, complete (boxes, accessories, protection, labels, booklets, etc.) and accompanied by the return waybill, duly completed, as well as a copy of the invoice. Articles returned incomplete, worn, damaged, deteriorated, dirtied or in any other state that could reasonably suggest that they have been used or worn to an extent beyond what is reasonable in order for the Purchaser to try out/test the articles, CELINE will make a deduction of the refund corresponding to the amount of the loss of value of the article. For footwear, the sole must also be intact: trying on CELINE shoes while standing on carpet or rugs is therefore highly recommended.
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.
An exchange made in a CELINE store will be 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 by telephone [+46 20 12 03 528] and:
(i) agree on the collection service provided by CELINE free of charge from any place of his or her choice (in Sweden),
(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 CELINE stores operated by CELINE in Europe excluding department stores, outlets and airports, 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, women ready-to-wear collections can only be exchanged in stores which offer women 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. For footwear, the sole must also be intact: trying on CELINE shoes while standing on carpet or rugs is therefore highly recommended.
The exchange results in the termination of the initial sale. Payment in relation to the new sale will be made via offsetting against the value of the previous sale.
Please note that, for gifts, the option to exchange can be exercised by the recipient of the gift, it being understood that no repayment can be made in favour of the recipient of the gift and if the initial article is exchanged with an article more expensive, the price difference will be paid by the recipient of the gift.
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
The Purchaser benefit from the legal guarantee of conformity for goods. Under French law, CELINE is obliged to provide the following information in this Article 10 (but compulsory local rules may also apply).
All articles offered for sale via the Website are covered by a legal warranty of conformity (as defined in articles L. 217-4 and following of the French Consumer Code) and by the warranty providing protection against hidden defects (as defined in articles 1641 and following of the French Civil Code), thereby allowing the Purchaser to return any articles delivered in a defective or non-compliant state free of charge.
10.1 Legal warranty
10.1.1 Legal warranty of conformity
The French Consumer Code states the following concerning the legal warranty of conformity: Article L. 217-4 of the French Consumer Code: “The seller must deliver goods in compliance with the contract and must be liable for any conformity defects existing at the moment of delivery. The seller must also be answerable for any conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been produced under its supervision”.
Article L. 211-5 of the French Consumer Code: “To be compliant with the contract, the product must:
1) Be suitable for the purpose usually associated with a similar item and, if applicable: - match the description given by the seller and possess the qualities indicated to the Purchaser in the form of a sample or model, - have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including in advertising and labelling,
2) Or have the features defined by mutual agreement between the parties or be suitable for any special use sought by the Purchaser, as disclosed to the seller and accepted by the latter”. Article L. 211-12 of the French Consumer Code: Any action based on the lack of conformity is time barred two years after delivery of the goods.
10.1.2 Warranty against hidden defects
The French Civil Code states as follows in terms of the warranty against hidden defects:
Article 1641 of the French Civil Code: “The seller is bound by a warranty regarding hidden defects in the sold item that render it unfit for the use for which it was intended, or that hinder this use, such that the Purchaser would not have bought it, or would have paid a lower price, had these been known”.
Article 1648 of the French Civil Code: “Any action resulting from critical defects must be brought by the purchaser within two years following discovery of the defect. In the case defined in article 1642-1, in order not to be time-barred, the action must be brought in the year following the date on which the vendor can be released with regard to any apparent defects or points of non-compliance”.
In the context of the legal warranty against hidden defects, CELINE, at the discretion of the Purchaser, hereby undertakes, after an assessment has been made of the defect:
• Either to refund to the Purchaser the entire cost of the returned article,
• Or to refund to the Purchaser part of the price of the article if the Purchaser decides to keep the article.
10.1.3 Exclusions from the warranty
Articles that have been modified, repaired, integrated or added by the Purchaser are excluded from the scope of the warranty. The warranty will not apply for obvious defects. The warranty will not cover articles damaged during transportation or by incorrect use.
10.2 Enforcement of legal warranties
When the Purchaser takes action pursuant to the legal conformity warranty, he or she:
• has a period of two years starting from the date of delivery of the article in which to act,
• may choose between the repair or the replacement of the article, subject to the conditions regarding cost set out in article L. 217-9 of the French Consumer Code,
• is released from the obligation to provide evidence of the existence of the article’s conformity defect.
The legal conformity warranty applies independently from any commercial warranty that may be agreed by CELINE.
Finally, the Purchaser may decide to enforce the warranty against hidden defects in the object sold pursuant to article 1641 of the French Civil Code. In this case, the Purchaser chooses between the cancellation of the sale and a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
These provisions are not exclusive with regard to the right of withdrawal defined in article 8 above.
10.3 Consequences of the enforcement of the warranties
In the context of the legal conformity warranty, CELINE, at the discretion of the Purchaser, hereby undertakes: • either to replace the article with an identical product based on the stock available, • or to refund the price of the article should it prove impossible to replace. In the context of the legal warranty against hidden defects, CELINE, at the discretion of the Purchaser, hereby undertakes, after an assessment has been made of the defect: • either to refund to the Purchaser the entire cost of the returned article, • or to refund to the Purchaser part of the price of the article if the Purchaser decides to keep the article.
ARTICLE 11: CLAIMS AND PRODUCT LIABILITY – 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 on +46 20 12 03 528 (local call charges) or via the Website using the form “Contact”, providing an Order number if applicable.
Please note that unfortunately, to date, our Customer Service is not able to answer in Swedish and all exchanges with our Customer Service will have to take place in English (including for the after-sale service).
In the event of a faulty article, the Purchaser is kindly asked to contact CELINE as soon as possible after the Purchaser has noticed that the articles purchased is faulty. The Purchaser must report such fault “within reasonable time” after the Purchaser has discovered it. If the Purchaser notifies CELINE within two (2) months from the date of the Purchasers discovery of the fault, the Purchaser has reported “within reasonable time”.
If the Purchaser, after contacting CELINE, is asked to return the articles, the Purchaser shall send them to the following address: e-Commerce – CSA ALPI Servizio Moda Srl, Via Di Gonfienti, 2/B, 59100 Prato PO, Italy.
When CELINE has received the - in the Purchaser’s view - faulty article, CELINE will decide on whether or not the article is faulty. In the event of the article being faulty, CELINE will as soon as possible and no later than thirty (30) days from the date of CELINE’s receipt of the article either (i) repair it, (ii) send the Purchaser a new faultless article or (iii) give the Purchaser a refund of what the Purchaser has paid for the article (including freight and delivery charges). If the article is faulty, CELINE will compensate the Purchaser for any return freight and delivery charges.
The Purchaser stands the risk for the return transportation of the article to CELINE, meaning that the Purchaser is responsible for any damage or loss of the article returned during the transportation of the article back to CELINE. Considering this, CELINE recommends the Purchaser to send the package using a delivery service that insures the Purchaser for the value of the article. CELINE also recommend that the Purchaser save the receipt until the return of the article is completed.
The Purchaser is entitled to make claims in accordance with the Swedish Product Liability Act.
ARTICLE 12: PERSONAL DATA
Moreover, pursuant to article L.223-1 of the French Consumer Code, you are entitled to register your name free of charge onto a list objecting to cold calling on the website www.bloctel.gouv.fr or by sending a mail to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret 10000 Troyes. In Sweden, you may also register your name onto a list objecting to cold calling on the website https://nixtelefon.org/sa-nixar-du/.
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.
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 Purchaser and CELINE.
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 French 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, 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 firstname.lastname@example.org. 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.
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 or you may refer the case to the French courts.
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. 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: email@example.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)
[*] Delete as applicable.