General Terms and Conditions of Sale
PREAMBLE
Last updated: March 24, 2025
These general terms and conditions of sale (hereinafter the “T&CS”) set out all the terms and conditions governing the promotion and sale by ON LINE SAS of PABLO brand items (hereinafter the “Items”) and the PABLO e-gift card (hereinafter the “E-gift card”) on the website www.pablo.fr (hereinafter the “Site”).
ON LINE SAS is a simplified joint-stock company with a share capital of 1000 euros, whose registered office is located at 130 rue Réaumur, 75002 Paris, registered under number 820 435 238 with the Paris Trade and Companies Register and under VAT number: FR 81820435238 (hereinafter the “Company”).
The Company is a subsidiary of DS FASHION GROUP, with SIRET number 81420139800025 and holder of IDU (Unique Identification) no. FR219246_11IIDJ for the responsibility of producers in the textile sector.
The Company is the holder of IDU no. FR288002_01EQGT for the responsibility of packaging producers.
The Company can be reached by email at eshop@pablo.fr, by phone at +33 (0)1 80 49 12 12 from Monday to Friday from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. (excluding public holidays), as well as by any other means of contact available on the “Contact Us” page.
The purchase of Items on the Site is exclusively reserved for orders placed by end consumers, adults, non-traders (acting exclusively for their personal needs and with no direct connection to a commercial activity), who have the full legal capacity to enter into the commitments provided for in these T&CS (hereinafter the “Customer”). Therefore, the Customer declares that they are acting as a consumer and do not intend to resell the Items for commercial purposes within first-hand commercial sales channels.
The Company reserves the right to limit or refuse any order for Items placed by the same Customer that is fraudulent and/or abnormal, particularly in quantity and/or amount.
Any registration on the Site, use of the Site, or placement of an order on the Site constitutes the Customer’s full and unconditional acceptance of the T&CS.
The Company reserves the right to update and modify the T&CS at any time and without notice, which the Customer accepts. It is specified that only the T&CS in force on the date of use of the Site and/or placement of an order shall apply to the Customer.
The Customer may at any time view the current version of the T&CS by visiting the “General Terms and Conditions of Sale” section of the Site. It is the Customer’s responsibility to check the T&CS in force before placing any order.
In no event shall the Company’s failure to rely on any provision of the T&CS be interpreted as a waiver of its right to do so at a later date. Furthermore, the invalidity of one clause of the T&CS shall not entail the invalidity of the other clauses.
These T&CS are available in French and English.
ARTICLE 1. ITEMS
1.1. Item Characteristics
The Items offered for sale by the Company are those listed on the Site on the day the Customer views it. The description of the Items that shall prevail is that published on the Site at the time of the order.
Each Item is the subject of a descriptive sheet detailing the essential characteristics of the Item (notably the unit price, available sizes and colors, composition, geographical traceability of the three major manufacturing stages [weaving/knitting, dyeing/printing, and assembly of the finished product], as well as any special characteristics) and containing one or more photographs of the Item. The Customer is invited to refer to the descriptive sheet of each Item to learn about its properties and features, particularly to determine whether they match the characteristics sought by the Customer, the choice and purchase of an Item being the sole responsibility of the Customer.
The Items are described and presented with the greatest possible accuracy. While the Company makes its best efforts to ensure that the color and pattern of the Items whose photographs are displayed on the Site are faithful to the original Items, minor differences may exist, depending notably on the resolution and color definition of the Customer’s screen. Therefore, the Company cannot be held responsible for minor differences in the photographs of the Items on the Site.
The Company undertakes to deliver Items that meet the applicable requirements relating to personal safety and health in accordance with European provisions and, in particular, legislation on regulated chemical substances.
1.2. Item Availability
The Items are sold subject to available stock. Information on the availability of the Items is provided on the Site on the Item page as well as at the time of placing the order. The Company makes its best efforts to ensure that the availability of the Items is regularly updated.
However, despite all precautions taken, an ordered Item may exceptionally no longer be available. In this event, the Company will immediately inform the Customer, who will, if applicable, be refunded the amount of the unavailable Items and the shipping costs using the same payment method.
The Company cannot be held responsible for the unavailability of one or more Items on the Site.
The Company reserves the right to change the Items offered on the Site at any time and without notice.
ARTICLE 2. ITEM PRICES
2.1. Pricing Information
The prices of the Items are those listed on the Site on the day of the order. They are indicated including all taxes, excluding shipping costs.
Shipping costs vary depending on the chosen delivery method and are communicated to the Customer in the order summary before the order is confirmed. They are expressed including all taxes.
2.2. Display of Prices
The prices displayed on the Site are indicated in euros.
In the event that an incorrect, manifestly derisory price (vil prix) is displayed, whatever the reason (notably a computer bug, manual error, or technical error), the order itself, even if confirmed by the Company, will be canceled, and the Customer will be informed as soon as possible. In this case, the Customer may, if they wish, subject to the availability of the Items, place their order again at the corrected and accurate price.
As part of promotional operations organized by the Company, prices will be displayed in the form of crossed-out price announcements. The announcements will be based on the selling price in effect during the thirty days preceding the promotional operation concerned.
2.3. Price Modifications
The Company reserves the right to modify the price of the Items at any time and without notice, specifying that the prices applicable to the Items are those in effect on the day of the order.
ARTICLE 3. E-GIFT CARD
The Site offers the option of purchasing or gifting an E-gift card through its “E-gift card” tab.
The Customer is invited to:
- select one of the four amounts offered by the Site, namely: €50, €100, €150, €200, €250, €300, €350, €400, €450, €500.
- enter the recipient’s name (the Customer themselves or a third party)
- add an optional message to the recipient, noting here that the Customer is solely responsible for the written texts. They therefore undertake that these do not violate applicable laws and are not contrary to public order and/or good morals.
- enter the email address of the E-gift card recipient
- choose the sending date of the E-gift card with the option to print it or receive it by email.
Once these details have been entered, the Customer must click on the “Add to Cart” button and follow the ordering procedure as described in Article 4.2 hereof.
The E-gift card will be sent solely and automatically by email to the email address indicated by the Customer as the recipient.
The E-gift card is not nominative. Its holder will be exclusively responsible for its use.
The E-gift card has a validity period of twelve (12) months from the date it is sent to the recipient’s email address entered by the Customer.
It can only be used on the Site.
It can be used to pay for all or part of the purchases made on the Site. It can be used one or more times up to the available balance and the expiration date.
If the balance is insufficient to pay for the entire order, the Customer must complete the payment using one of the other payment methods accepted by the Site.
The holder of the E-gift card can view the available balance at any time through the link sent to them by email when their E-gift card was sent.
The E-gift card cannot be topped up, exchanged, transferred, or resold, and cannot give rise to a refund, even partial, for any reason whatsoever (including loss, theft, or expiration).
The E-gift card cannot be used to purchase other E-gift cards.
In the event of a refund request for an order paid for in full or in part with an E-gift card, the holder of the E-gift card will be credited with the amount they paid in this form with a new validity period of twelve (12) months.
ARTICLE 4. IN-STORE ITEM RESERVATION AND ORDER
The Site allows the Customer to place an order or reserve an Item in store.
4.1. Reserve an Item in Store
The Customer is invited to read the SOCLOZ General Terms of Use, which determine the conditions under which they can use the online reservation service.
4.2. Order
4.2.1. Ordering Procedure
The Customer places their order by completing the following steps:
STEP 1 – ITEM SELECTION:
The Customer is invited to select, enter the characteristics (color, size, etc.) and the quantity of the Items they wish to order and place them in the shopping cart by clicking on the “Add to Cart” button.
The “Cart” icon located at the top right of the screen informs the Customer that their selections have been taken into account by indicating the number of Items it contains.
The Customer is invited to view the contents of their cart at any time by clicking on the icon. At this stage, the Customer can freely check the details of their selection, identify any errors made in entering the Items, delete an initially selected Item, modify quantities, or add an Item by clicking on the corresponding elements within the Cart.
STEP 2 – CART VALIDATION:
To confirm their selection of Items and their order, the Customer is invited to click on the “Payment” button.
Once their cart is confirmed, the Customer has three options to finalize their order:
1. sign in by clicking on the “Sign In” button and entering their email address and password to order using their customer account. It is specified that the Customer can also sign in using their FACEBOOK account or their GOOGLE account.
2. continue as a guest, i.e., without creating a customer account.
3. create a customer account: To this end, the Customer must enter the following before clicking on the “CREATE AN ACCOUNT” button:
a) their title;
b) their first name;
c) their last name;
d) their phone number;
e) their email address;
f) their password;
The Customer may also choose to subscribe to the Company and GERARD DAREL Group Newsletter and receive information about it.
Creating a customer account allows the Customer to modify and/or complete their personal data as well as view their order history, request a return, and download the invoices for their purchases.
In the event of creating a customer account, the Customer is informed that their customer account is strictly personal. Consequently, the Customer undertakes to keep it safe and never share it with third parties. The Customer undertakes to inform the Company without delay of any fraudulent use of their customer account as soon as they become aware of it. In the event of loss or theft of the password, the Customer may request the Company to generate a new password.
Depending on the option chosen by the Customer:
- place their order through their customer account: If the Customer entered an address in their profile, that address will automatically be indicated as the shipping address. The Customer is free to use a new address by clicking on the “Saved Addresses” field drop-down menu.
- create a customer account: The Customer is invited to enter their delivery details (delivery country, first and last name, address, and phone number). The Customer has the option to request that their details be saved for their future orders.
- continue as a guest: The Customer must enter an email address in the “Contact” tab before entering their shipping address (delivery country, first and last name, address, and phone number). The Customer has the option to request that their details be saved for their future orders.
It is specified that the Company cannot be held responsible for the inaccuracy of the information provided by the Customer.
The Customer is invited to view our Privacy and Cookie Policy to learn more about the processing of the information they have provided.
Once the required information has been entered, the Customer is invited beforehand to read and explicitly accept the T&CS and the Privacy Policy by checking the “I accept the General Terms and Conditions of Sale and the Privacy Policy” box. Only after accepting the T&CS and the Privacy Policy can the Customer continue to shipping by clicking on the “Continue to Shipping” button.
STEP 3 – CHOICE OF SHIPPING METHOD:
The Customer is invited to select the delivery method. It is at this stage that the Customer is informed of the delivery time in business days as well as the cost of each delivery method.
It is specified that the chosen delivery method varies depending on the delivery address entered by the Customer.
For deliveries in metropolitan France, Corsica, and Monaco, the Customer can choose between home delivery or delivery to a pickup point via our partner Colissimo. If the Customer has chosen delivery to a pickup point, they are invited to choose one from the list provided by clicking on the “Choose my pickup point” button.
Once the shipping method has been chosen, the Customer can proceed to payment by clicking on the “Continue to Payment” button.
STEP 4 – PAYMENT:
The Customer is invited to select a payment method from the following:
- Credit card or bank card: Carte Bleue, Visa®, MasterCard® and American Express® credit and bank cards are accepted. The Customer must enter their bank card number, the name of the bank card holder, its expiration date, as well as the three numbers of the visual cryptogram present on the back of the card, specifying that in the case of payment by American Express card, the Customer must provide four numbers.
The card payment authorization request is carried out at the time of order confirmation on the Site, except in the event of server unavailability. The Company reserves the right to make a new payment authorization request in the event that the first one could not be completed due to server unavailability.
The Company implements all necessary means to ensure the confidentiality and security of the banking data transmitted on the Site. The Site is equipped with an online payment security system that allows the Customer’s data to be encrypted. Payment information is transmitted according to the highest security standards. The transmission of banking data is guaranteed by the Company’s partner: Shopify (Shopify being a technical service provider, it does not handle order-related disputes, which are handled directly by the Company as stated above or, if applicable, by the Customer’s bank).
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted, or used by third parties. At no time do the Customer’s financial data pass through the Company’s computer system. Shopify verifies that the connection with the Customer’s browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
In accordance with the provisions of Article L.221-11 of the Consumer Code, the Customer will receive, at the latest upon delivery, for each Item, written confirmation of the price paid detailing the price of the items and the shipping costs, if any, charged to them.
- Paypal: by choosing this payment method, the Customer is automatically redirected to the Paypal platform. If the Customer does not yet have a Paypal account, they can create one at this time. The applicable conditions are then those of Paypal. After confirming their order with Paypal, the Customer is then redirected to the Site’s confirmation page.
- Google Pay
- E-gift card: the Customer is invited to enter its number in the dedicated fields at the time of payment. If the balance is insufficient to pay for the entire order, the Customer must complete the payment with one of the other payment methods accepted by the Site. The Customer is invited to view Article 3 hereof.
The Customer guarantees that they have the necessary authorizations to use the chosen payment method.
At this stage, the Customer may also enter a discount code and their billing address, which may be the same as or different from the delivery address.
Once the payment method has been selected and the required information has been entered, the Customer can proceed with the payment by clicking the "Confirm payment" button.
In the event of non-payment, an incorrect billing address, or any problem caused by the Customer relating to the payment for the order, the Company reserves the right to block the order until the dispute is fully resolved.
4.2.2. Order Confirmation
As soon as the Customer's payment is accepted, they will receive an order confirmation email summarizing all the essential details of their order (order number, items ordered, total amount, billing and delivery addresses, delivery date, etc.) and containing (or allowing them to download or print) the General Terms and Conditions (if not provided, the Customer is invited to contact the Company's customer service).
The Customer's validation of the order and the order confirmation sent to the Customer by email by the Company after acceptance of the payment constitute the conclusion of a sales contract between the parties and acceptance of these General Terms and Conditions.
Consequently, the Customer formally accepts the use of email for the Company to confirm the contents of their order.
The Company invites the Customer to keep this summary on an electronic medium.
Some emails may be classified as spam. Therefore, the Company advises the Customer to check their spam folder to ensure they have received their order confirmation and summary.
However, the Company reserves the right not to validate an order for legitimate reasons, including but not limited to:
- previous abusive claims;
- unusual orders in terms of quantities ordered;
- previous abusive exchanges and returns;
- existing dispute(s) with the Customer.
PABLO's Customer Service is available to the Customer for any questions regarding their order.
Customer Service is available via the contact methods specified on the Site, notably by email at eshop@pablo.fr, by phone at +33 (0) 1 80 49 12 12 from Monday to Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. (excluding public holidays), as well as by any other contact method available from the "Contact Us" page.
4.2.3. Order Archiving
The order confirmation is recorded in PABLO's records, which are themselves kept on a reliable and durable medium. The Customer agrees that the order confirmation shall be considered proof of the contractual relationship between the parties.
Furthermore, in accordance with Article L.213-1 of the French Consumer Code and Decree 2005-137 of February 16, 2005, when an order amounts to €120 or more, the Company shall keep the documents relating to the order for 10 years and make them available to the Customer upon request sent to eshop@pablo.fr.
The Company recommends that the Customer also keep a copy (in electronic and/or paper format) of the documents relating to their order for orders placed on the Site.
ARTICLE 5. RETENTION OF TITLE
The ordered Items shall remain the exclusive property of the Company until the Company has received full payment of the price.
ARTICLE 6. DELIVERY
6.1. Delivery method
6.1. 1. Home delivery
Items on the Site are delivered to the Customer's home only in the countries listed at the time the Customer enters their shipping address when placing an order.
It is not possible to place an order for any delivery address located outside the countries indicated on the Site.
Items are delivered exclusively to the delivery address provided by the Customer when placing the order. No changes to the delivery address may be made after the order has been confirmed by the Company.
6.1.2. Collection from a pick-up point (only for mainland France, Corsica and Monaco)
For deliveries in mainland France, Corsica and Monaco only, the Company offers the Customer the option to collect their order from one of the pick-up points listed on the Site.
The Item will be made available at the chosen pick-up point within the timeframes communicated by the Company and, failing any indication, in any event no later than 30 days from the order date, subject to full payment of the price.
As soon as the order is made available at the pick-up point, the Customer will be informed immediately by email. They will then have ten (10) business days to collect their order from the relevant pick-up point.
When collecting the order from the pick-up point, the Customer must present the email notification that the order is available for collection as well as a valid form of identification. The Customer's identity will then be verified. The order will then be handed over to the Customer.
If the Customer does not collect the order within 10 business days from the date they receive the email notification that their order is available for collection from a pick-up point, the sale will be automatically rescinded. The Customer will then be refunded the price of their order.
6.2. Delivery costs
The Company offers free standard home delivery and free pick-up point collection in mainland France. Delivery costs to French overseas departments and territories and other destinations are borne by the Customer. For other destinations, the amount of these costs varies depending on the delivery method and the delivery location of the order. This amount is indicated to and brought to the attention of the Customer at all stages of the ordering process.
The delivery methods offered to the Customer vary depending on the delivery address.
6.3. Delivery time
The Company shall use its best efforts to ensure that the order is delivered within the indicated timeframes. If, for any reason, the Company is unable to meet the indicated delivery timeframe, it will inform the Customer, who may choose to confirm their wish to be delivered on the new delivery date offered to them, or to cancel the order without cost or penalty (in this case only, the Customer will then be refunded the amount of their order).
If the billing information provided by the Customer is incomplete or incorrect, the Company may request additional information from the Customer, which may extend the delivery timeframe, without the Company incurring any liability in this regard.
Furthermore, the Customer is informed that during periods of high activity (notably during sales periods, the end-of-year holidays, outlet events, etc.), package preparation times may be extended, which may result in their shipment being delayed by a maximum of one week. If applicable, the Company shall use its best efforts to satisfy the Customer and thanks them for their understanding.
Delivery is considered completed:
- when the Customer or any third party designated by them signs the acknowledgment of receipt of the order at the delivery address specified when placing the order; or
- when the Items are deposited at a pick-up point selected by the Customer in mainland France, Corsica or Monaco.
6.4. Delivery problem
Any delivery failure or delay, or delay in making the Items available at a pick-up point in mainland France, Corsica or Monaco only, exceeding the planned delivery timeframes (those indicated by the Company and up to a maximum of thirty days), must be reported to eshop@pablo.fr as soon as possible. In such cases, the Customer may request a new delivery date or the cancellation of their order.
In any event, the Company accepts no liability for any delivery failure or delay due to force majeure as defined in Article 12 of the General Terms and Conditions.
If the order could not be delivered for reasons attributable to the Customer (notably due to an error in the delivery address), the Company reserves the right, at its sole discretion, to cancel the order after a period of thirty (30) days following the originally scheduled delivery date.
If applicable, the Company reserves the right to charge the Customer any additional transport costs resulting from the Company's inability to deliver the order.
ARTICLE 7. RECEIPT OF ITEMS
The risk associated with the Items passes to the Customer when they take physical possession of the Items concerned.
The Customer must also check the quantity and apparent condition of the Items upon delivery by the carrier. If the received package is open or visibly damaged, or if all or part of the Items in the package are damaged, missing, or do not match the order, the Customer is invited to notify the Company, notably by email at eshop@pablo.fr, by phone at +33 (0) 1 80 49 12 12 from Monday to Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. (excluding public holidays), as well as by any other contact method available from the "Contact Us" page, within forty-eight (48) hours, to allow the Company to conduct an investigation with the carrier and/or exercise any available remedies with the carrier within the timeframes provided by applicable regulations, if applicable.
In the event of missing, refused, or returned Items by the Customer under the circumstances described above, the Company will refund the concerned Item(s) upon receipt of the returned package and after verification by the Company's Customer Service.
The above provisions do not deprive the Customer of the right of withdrawal as provided for in Article 8 below.
ARTICLE 8. RIGHT OF WITHDRAWAL / RETURNS
In accordance with applicable law, notably Articles L.221-18 to L.221-28 of the French Consumer Code, the Customer has fourteen (14) days following receipt of the Item to exercise their right of withdrawal, without having to justify their decision or incur any penalties. The Company extends this legal period by sixteen (16) days, thus allowing the Customer to exercise their right of withdrawal within thirty (30) days from the date of receipt of the Items (this period begins the day after receipt of the Item, and if it expires on a Saturday, Sunday, or public holiday or day off, it is extended until the next business day).
In the case of an order consisting of several items delivered separately, or an order consisting of multiple sets or pieces with staggered delivery over a specified period, the period begins upon receipt of the last item in the set or the last piece.
To exercise their right of withdrawal and make a return, the Customer is invited to follow the procedure described in the Site's F.A.Q. (Frequently Asked Questions).
After following the above procedure, and in accordance with Article L.221-23 of the French Consumer Code, the Customer has fourteen (14) days following notification of their decision to withdraw to return the concerned Item(s). The Company extends this legal period by sixteen (16) days, thus allowing the Customer to return the concerned Item(s) within thirty (30) days from the date of said notification.
The above provisions specify that, in all cases, the Items must be returned in their original packaging, with any accessories, in a condition that allows them to be sold immediately (the Customer may be held liable for any depreciation of the Items resulting from handling other than that necessary to establish their nature, characteristics, and proper functioning) to the following address:
SED LOGISTIQUE
PABLO – Zone de Moimont – SED Bat B2 – Quai 93/94
1 rue Jean Jaurès
95670 MARLY LA VILLE
Return costs are borne by the Company for orders shipped to mainland France only. If the Customer decides not to use the prepaid return label provided by the Company for returns from mainland France, the return costs will be borne by them. Return costs are also borne by the Customer for orders shipped outside mainland France.
The risks associated with the return are borne by the Customer.
The Customer is invited to keep proof of deposit of their package until their order has been refunded.
Subject to the conditions stated above, the Company will refund the Customer the VAT-inclusive amount of the returned Items (the price of the Item(s)) paid by the Customer when placing their order.
If delivery costs were included in the order amount, they will be refunded up to the amount of standard delivery.
The Company will refund the Customer this amount within fourteen (14) days from the date it has been informed of their decision to withdraw. This refund may be deferred until the Company has received the returned Items from the Customer or until the Customer has provided the Company with proof of shipment of the Items, whichever occurs first.
The refund will be made using the payment method used by the Customer when placing their order. In the event of payment with an e-gift card, the holder of the e-gift card will be credited with the amount they paid in this manner, with a new validity period of twelve (12) months.
Please note: The right of withdrawal cannot be exercised for the contracts listed in Articles L.221-2 and L.221-28 of the French Consumer Code, notably:
- The provision of services fully performed before the end of the withdrawal period, where performance began with the consumer's prior express agreement and express waiver of their right of withdrawal, when the service has been fully performed by the Company;
- The provision of goods made to the consumer's specifications or clearly personalized;
- The provision of goods that are liable to deteriorate or expire quickly;
- The provision of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- The provision of goods that, after delivery and by their nature, are mixed inseparably with other items.
ARTICLE 9 – LEGAL GUARANTEES
The Items sold by the Company are subject to the conditions of the legal guarantee of conformity provided for by Articles L.217-1 to L.217-17 of the French Consumer Code and the conditions of the legal guarantee against hidden defects provided for by Articles 1641 to 1648 of the French Civil Code.
If the Customer discovers a lack of conformity and/or hidden defect, they must inform the Company as soon as possible using one of the contact methods mentioned in the preamble. The procedure to follow for returning the Items will be indicated to the Customer by the Company.
9.1. Legal guarantee of conformity
The Company undertakes to deliver to the Customer an Item that conforms to the contract and is free from lack of conformity at the time of delivery, in that the Item will be suitable for the use normally expected of a similar good and will present the characteristics described at the time of sale.
The Company is also liable for lack of conformity resulting from packaging, assembly instructions, or installation when the latter was made the Company's responsibility by the contract or was carried out under its responsibility.
The Customer:
- benefits from a period of two (2) years from the delivery of the Items to use the guarantee with the Company, with the clarification that the Customer does not have to provide proof of the date the defect appeared. Indeed, lack of conformity appearing during this period is presumed to have existed at the time of delivery, unless proven otherwise.
- may choose:
a) repair of the Item, provided that once the Item has been repaired, the Customer shall benefit from a six (6) month extension of their statutory guarantee of conformity OR
b) replacement of the Item, in which case the replaced Item shall benefit from a new two (2) year statutory guarantee of conformity
unless one of these two options is impossible or would result in manifestly disproportionate costs for the Company within the meaning of Article L.217-22 of the French Consumer Code, in which case the Company may choose the other solution.
Repair or replacement shall take place within a period not exceeding thirty (30) days following the Customer's request.
OR
in the event that (1) the Company refuses any conformity measure, (2) the conformity measure takes place within a period exceeding thirty (30) days, (3) the lack of conformity is serious or (4) the conformity measure carried out by the Company is unsuccessful:
- be refunded the price paid and return the Item or
- keep the Item and be refunded part of the price.
The full or partial refund shall take place no later than fourteen (14) days following the Customer's request.
The Customer is also entitled to a price reduction for the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The Customer is then not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are held for repair or replacement shall suspend the guarantee for the period remaining until the restored goods are delivered.
It is specified that the repair, replacement or refund of the Item shall be carried out free of charge to the Customer and shall not preclude the award of damages if the Customer is entitled to them.
The Customer may take action before the French courts within five (5) years from the discovery of the defect if the Company has not satisfied their request
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who unlawfully prevents the enforcement of the statutory guarantee of conformity may face a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
9.2. Guarantee against hidden defects
The Company undertakes to provide the Customer with an Item free from hidden defects (defects not apparent at the time of purchase) that would make it unfit for the purpose for which it is intended, or so significantly diminish its use that the Customer would not have purchased it or would have paid a lower price had they known of them.
The Customer:
- must prove that they meet the conditions of the guarantee:
a) the Item has a defect that was not apparent at the time of purchase;
b) the defect makes the Item unfit for the purpose for which it is intended or significantly diminishes its use.
c) the defect existed at the time of purchase.
- benefits from a period of two (2) years from the discovery of the defect to exercise the guarantee against the Seller. It is specified that the defect may be discovered within twenty (20) years after purchase.
- may choose:
a) to return the Item and be refunded the price and the costs incurred by the sale OR ;
b) keep the Item and be refunded part of the price.
ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges and accepts that all copyright, all registered trademarks and all other intellectual property rights or elements, whether or not protected by intellectual property law, relating to all information or content on the Site are, at all times, the property of the Company, any other company belonging to the GERARD DAREL Group or third parties such as those to whom the Company and/or any other company belonging to the GERARD DAREL Group has granted a license.
Consequently, the Customer undertakes not to extract, display, reproduce or more generally infringe these elements as well as all or part of the Site.
ARTICLE 11. PERSONAL DATA PROTECTION – COOKIES
As part of the Customer's navigation or use of the Site, the Company will process and collect personal data.
The privacy policy and the cookie policy are an integral part of the General Terms and Conditions of Sale; they inform about how the Company collects and processes personal data and uses cookies.
The privacy and cookie policy can be viewed on the "Privacy Policy" and "Cookies" tabs of the Site.
In order to exercise the rights provided for by the personal data regulations as explained in the said policy, each Customer may contact the Company:
- By mail:
ON LINE SAS
PABLO - Personal Data Protection Department
130 rue Réaumur, 75002 Paris
- By email: eshop@pablo.fr
ARTICLE 12. FORCE MAJEURE
In the event of a force majeure event within the meaning of Article 1218 of the French Civil Code, the effects of the sales contract shall be suspended and the Company may, at its sole discretion, cancel the order without incurring any liability in this regard. In this case, the Company shall refund the Customer the price of the order as well as the delivery costs, if any.
In no event shall the Company be held liable for the harmful consequences of these events.
ARTICLE 13. VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
If any provision of these General Terms and Conditions of Sale is declared null in whole or in part, pursuant to a law, a regulation or following a final decision by a competent court, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and applicable.
ARTICLE 14. CLAIMS / DISPUTE RESOLUTION / DISPUTES
For any claim and/or in the event of a dispute concerning the Site, these General Terms and Conditions of Sale and/or an order, the Company invites the Customer to contact its customer service:
- by phone at +33 (0)1 80 49 12 12 from Monday to Friday from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. (excluding public holidays);
- by email at eshop@pablo.fr ;
- or through the other contact methods available on the "Contact Us" tab of the Site
Failing an amicable agreement with the Company's customer service, the Customer may submit the dispute to the consumer mediator with whom the Company has entered into an agreement. Indeed, pursuant to Article L.612-1 of the French Consumer Code, "Every consumer has the right to free recourse to a consumer mediator in order to amicably resolve the dispute they have with a trader".
The disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Articles L. 611-1 and L.611-2 of the French Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or the provision of services, between a consumer and a trader.
The text covers national and cross-border disputes.
The Customer is invited to submit their request by:
- post:
CM2C
Consumer Mediation and Justice Conciliators Center
4 Rue Saint-Jean
75017 Paris
- electronic means: cm2c@cm2c.net
After consumers have taken prior written action against the Company, the CM2C may be seized for any consumer dispute whose settlement has not been successful.
The Customer may also request out-of-court settlement of the dispute through the European online dispute resolution platform accessible by following the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
It is specified that the Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.
Failing an amicable solution or recourse to mediation, the French courts shall have territorial jurisdiction to hear any dispute related to these General Terms and Conditions of Sale, except for contrary legal provisions that would refer to the mandatory jurisdiction of a foreign court and, without thereby depriving the Customer of bringing the dispute before a foreign court of their choice that is competent.
ARTICLE 15. APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law, excluding, where applicable, the Vienna Convention on the International Sale of Goods, without however having the effect of depriving any user of the level of protection provided by the provisions of the mandatory laws of their country of habitual residence.
WITHDRAWAL FORM
(Please complete and return this form if you wish to withdraw)
For the attention of
ON LINE SAS
PABLO – Zone de Moimont – SED Bat B2 – Quai 93/94
1 rue Jean Jaurès
95670 MARLY LA VILLE
Email: eshop@pablo.fr
I/We (*) hereby notify (*) you (*) of my/our (*) withdrawal from the contract relating to the sale of the goods below:
Ordered on (*) / received on (*) :
Name of the consumer(s):
Address of the consumer(s):
If your request concerns only part of your order, please specify the product(s) subject to your withdrawal and their quantity:
- Product No. 1:
- Product No. 2:
- Etc …
Date:
Signature:
(*) Strike out the unnecessary mention
