Terms and Conditions of Sale
Article 1 - Seller identification
This website, www.perfectcashmere.com, is published by STYLE NETWORK INTERNATIONAL, SARL, with share capital of 1 876 500 euros, whose registered office is located at 29 boulevard Gay Lussac RCS de Marseille, number 502 079 460, intra-Community VAT number FR82502079460.
Article 2- General provisions relating to these general terms and conditions of sale (hereinafter the Terms and Conditions)
- 1. Purpose of the Terms and Conditions
The Terms and Conditions apply exclusively to the online sale of products under the PERFECT CASHMERE brand on the website www.perfectcashmere.com , (hereinafter the website), which is freely accessible to all internet users.
- 2. Scope of application of the Terms and Conditions
The Terms and Conditions exclusively govern online sales contracts for products sold by STYLE NETWORK INTERNATIONAL (hereinafter the professional seller) to buyers acting as consumers (hereinafter consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogues or product photographs, which are for information purposes only.
The Terms and Conditions apply exclusively to products delivered to consumers located in mainland France, Corsica, Monaco, Italy, Spain and Germany.
The Terms and Conditions, together with all contractual information provided on the website, are written in French.
- 3. Availability and enforceability of the Terms and Conditions
The Terms and Conditions are made available to consumers on the seller's website, where they can be consulted directly.
The Terms and Conditions are binding on consumers, who acknowledge having read and accepted them before placing an order by ticking the box provided for this purpose.
Confirmation of the order constitutes the buyer's acceptance of the Terms and Conditions in force on the date of the order, which the professional seller stores and reproduces in accordance with Article 1127-2 of the Civil Code (formerly C. civ., art. 1369-4).
- 4. Amendment of the Terms and Conditions
The professional seller reserves the right to amend its Terms and Conditions at any time.
In the event of an amendment to the Terms and Conditions, the applicable Terms and Conditions are those in force on the date of the order, a dated copy of which may be provided to the consumer upon request.
- 5. Clauses of the Terms and Conditions
The invalidity of a contractual clause does not result in the invalidity of the Terms and Conditions.
The temporary or permanent non-application of one or more clauses of the Terms and Conditions by the professional seller shall not constitute a waiver of its right to rely on the other clauses of the Terms and Conditions, which shall continue to have effect.
Article 3- Products
- 1. Characteristics
Each product offered for sale and presented in the catalogue published on the website is accompanied by an optional but recommended description setting out its essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
- 2. Instructions for use
Instructions for using the product, if this is essential information, are provided in the electronic catalogue or no later than upon delivery.
- 3. Conformity
At the time they are placed on the market, the products comply with the applicable requirements relating to the safety and health of persons, fair trading and consumer protection (text reproducing C. consom., art. L. 411-1, ancien C. consom., art. L. 212-1).
The products comply with the provisions of French law in force at the time they are placed on the market.
- 4. Stock availability
Products are offered and delivered subject to availability.
If the product ordered is unavailable, the seller will inform the buyer immediately and offer a refund.
The seller will refund the amounts paid within 30 days.
Other than refunding the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the failure to perform the contract is personally attributable to the seller.
Article 4- Prices
- 1. Sale prices
In accordance with Article L. 112-1 of the Consumer Code (formerly C. consom., art. L. 113-13), the sale prices for each product listed in the electronic catalogue are stated in euros, inclusive of all taxes, excluding delivery and shipping costs, which are indicated before the order is confirmed and charged in addition.
The total amount payable by the consumer is shown on the order confirmation page.
The sale price of the product is the price in force on the date the order is placed.
The sale price of the products does not include shipping costs, which are charged in addition to the price.
In the event of a price promotion, the professional seller undertakes to apply the promotional price to all orders placed during the period for which the promotion is advertised.
- 2. Changes
The professional seller reserves the right to change its prices at any time, while guaranteeing that the price in force on the date the order is placed will apply to the consumer.
- 3. Costs
Any additional transport, delivery or postage costs (to which any other costs incurred by the seller must be added), of which the customer may be informed before placing the order, are set out on the order form.
Article 5- Offer
- 1. Scope
The online sales offers presented on the website are reserved for consumers residing in France and/or Corsica, Monaco, Italy, Spain and Germany, with deliveries to these same geographical areas.
- 2. Duration
Unless a specific duration is stated, the online sales offers presented on the website are valid for as long as the products appear in the electronic catalogue and subject to availability.
- 3. Acceptance
The consumer's acceptance of the offer is confirmed, in accordance with the double-click procedure, by confirmation of the order.
Article 6- Order
- 1. Steps for entering into the contract
To place an order, after filling their virtual basket with the selected products and desired quantities, the consumer clicks the “Order” button and provides the delivery and payment method details.
Before clicking the “Confirm order” button, the consumer may review the details of their order and its total price and return to the previous pages to correct any errors or, if necessary, amend their order.
Confirmation of the order constitutes acceptance of the Terms and Conditions of Sale and forms the contract.
The seller will send an email acknowledging receipt of the order and payment as soon as possible.
- 2. Amending an order
Any amendment to an order by the consumer after confirmation of the order is subject to the professional seller's acceptance.
The professional seller reserves the right to make changes to the product ordered as a result of technical developments, under the conditions set out in Article R. 212-4 of the Consumer Code (formerly Consumer Code, Article R. 212-4, V).
- 3. Order approval
The professional seller reserves the right to refuse any order on legitimate grounds, in particular if the quantities of products ordered are unusually high for purchasers acting as consumers.
Article 7- Contract
- 1. Formation
The sales contract is formed when the consumer sends confirmation of their order.
- 2. Archiving and evidence
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy, in accordance with Article 1360 of the Civil Code (formerly Civil Code, Article 1348). These communications, order forms and invoices may be produced as evidence of the contract.
- 3. Termination
The purchaser may terminate the order by registered letter with acknowledgement of receipt or by written notice submitted via the website's contact form in the event of:
— delivery of a product that does not conform to the product's stated characteristics;
— delivery taking place after the deadline specified in the purchase order or, in the absence of such a deadline, within thirty days of the conclusion of the contract, after the seller has been instructed, using the same procedure and without result, to make delivery within a further reasonable period;
— a price increase that is not justified by a technical modification to the product required by the public authorities.
In all these cases, the buyer may demand reimbursement of the deposit paid, plus interest calculated at the statutory rate from the date the deposit was received.
The seller may cancel the order in the event of:
— the buyer refusing to take delivery;
— the price (or balance of the price) not being paid at the time of delivery.
In all these cases, the deposit paid with the order shall be retained by the seller as compensation.
Article 8- Payment
- 1. Due date
The full price is due upon confirmation of the order.
Except for amounts paid that are refunded if the product ordered is unavailable under the conditions set out in Article 3-4 of the T&Cs, any amount paid in advance toward the price shall accrue interest at the statutory rate after three months from the date of payment until delivery of the product or, failing that, reimbursement of the amount paid with the order (Consumer Code, Art. L. 214 et seq.; former Consumer Code, Art. L. 131-1).
Payment is made immediately when the order is placed using the payment method chosen by the customer. The customer may choose between:
- the secure Paypal payment platform
- the secure Stripe payment platform for payments by credit card: Visa, Mastercard and American Express.
- 2. Additional payment
Article L. 121-18 of the Consumer Code (former Consumer Code, Art. L. 114-1)
Before entering into a sales contract or a contract for the provision of services, the professional shall obtain the consumer's express consent to any additional payment over and above the price of the main subject matter of the contract. If the additional payment results from the consumer's consent given by default, that is, in the absence of the consumer's express objection to paid options that the consumer did not request, the consumer may claim reimbursement of the amounts paid for that additional payment.
Article L. 131-6 of the Consumer Code (former Consumer Code, Art. L. 114-2)
- 3. Failure to pay
If the agreed price is not paid when due, the seller reserves the right either to demand performance of the sale or to terminate the contract by registered letter with acknowledgment of receipt, and to retain the deposit paid with the order as compensation.
Article 9- Delivery
- 1. Definition
Delivery means the transfer of physical possession or control of the goods to the consumer.
- 2. Delivery time
In accordance with the delivery deadline indicated on the website for each product, the professional seller undertakes to deliver the products within 30 days of receipt of the order.
- 3. Late delivery
If the ordered product is not delivered, the consumer may, after unsuccessfully requiring the seller to fulfil its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by a written notice on another durable medium.
- 4. Place of delivery
The products are delivered to the address indicated by the customer on the order form.
- 5. Delivery arrangements
Delivery is made by handing the product directly to the buyer or, failing that, by the seller sending the buyer a notice that the product is available for collection.
Within fifteen days of the notice that the product is available for collection, the buyer must collect the ordered product.
If the product is not collected within the specified period, the seller may, after serving notice on the buyer which remains without effect, retrieve the product, terminate the order automatically and retain the deposit paid as compensation.
Where the product is delivered to the address indicated on the order form by a carrier, the buyer must check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, note any reservations on the delivery note or transport receipt, and, where appropriate, refuse the product and notify the seller.
- 6. Product conformity
If the product does not conform to the order, the consumer must submit a complaint to the professional seller in order to obtain a replacement product or, where appropriate, termination of the sale.
- 7. Product unavailability
If the products are unavailable for delivery, the professional seller may offer a refund under the conditions set out in Article 3-4 of the Terms and Conditions of Sale.
- 8. Failure to deliver
Failure to deliver the goods in full results in the automatic termination of the contract of sale.
- 9. Delivery and transfer of risk
The risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer, takes physical possession of the goods, regardless of their nature.
Where the product is delivered to the consumer by a carrier chosen by the seller, it travels at the seller's risk.
Where the product is delivered to the consumer by a carrier chosen by the consumer, it travels at the consumer's risk from the time the goods are handed over to the carrier.
- 10. Transfer of ownership
As of the delivery date stated on the order form, ownership of the product is transferred to the buyer, except where the full price has not been collected at the time of order (see Article 5-5 of the Terms and Conditions of Sale).
Article 10 – Returns
- 01. Return of parcels to sender
If a parcel is returned to the sender because it is undeliverable (the recipient does not live at the address provided), unclaimed or refused, we will refund the order amount, excluding delivery charges.
- 02. Return of goods
For any item returned within 30 days of receipt of the order, we undertake to refund the price of the product(s), excluding postage costs, to the Customer’s PayPal account or payment card used for the purchase, within a maximum of 30 days after receipt of the products.
To be accepted, returns must meet the following requirements:
- The product(s) must never have been worn outdoors. The product(s) must be in new condition,
- The returned product(s) must match the product(s) delivered,
- The product(s) must be returned in their original packaging in good condition (shoe box not taped), all in a properly sealed parcel,
- The product(s) must be returned within 30 days of receipt of the order,
-
Empty packaging will result in the refusal of any exchange or refund.
To make a return or exchange, submit your request through our returns portal: returns.perfectcashmere.com. Our team is here to assist you, or you can call us on 0769467061.
The return address will be provided when you submit your return request.
Return shipping costs are 6,90 € and will be deducted from your refund.
Article 11- Statutory guarantee of conformity and guarantee against latent defects
STYLE NETWORK INTERNATIONAL, whose registered office is at 29 boulevard Gay Lussac, 13014 Marseille, is liable for the conformity of the goods with the contract, enabling the buyer to make a claim under the statutory guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or under the guarantee against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
Where the statutory guarantee of conformity is invoked, please note that:
- the buyer has 2 years from delivery of the goods to take action;
- the buyer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
- the buyer is not required to prove the existence of a lack of conformity of the goods during the 6 months following delivery of the goods.
It is also noted that:
- the statutory guarantee of conformity applies independently of the commercial warranty stated below;
- the buyer may decide to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code. In this case, they may choose between rescinding the sale or obtaining a reduction in the price in accordance with Article 1644 of the French Civil Code.
Article 12- Liability
- 1. Exclusion of liability
The professional seller shall not be held liable for any failure to perform or improper performance of the contract attributable either to the buyer, to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Cross-border contracts within the internal market
The professional seller shall not be held liable for the product's non-compliance with the legislation of the consumer's country; it is the consumer's responsibility to check whether the product is prohibited from sale in their country.
- 2. Product safety defect
In the event of damage caused by a product safety defect, the consumer must seek to hold the manufacturer liable, as identifiable from the information stated on the product packaging.
- 3. Penalty clause
In all cases where the consumer fails to fulfil their obligations, the deposit paid at the time of the order shall be retained by the professional seller as compensation.
Article 13 - Termination clause
Termination of the order in the cases provided for in these General Terms and Conditions shall be notified by registered letter with acknowledgment of receipt or by email and shall take effect automatically without any judicial formalities.
Article 14 - Right of withdrawal
- 1. Conditions, time limit and procedure for exercising the right
If you enter into the contract, you have the right to withdraw from it, without giving any reason, within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party designated by you for this purpose, takes physical possession of the goods.
To exercise your right of withdrawal, you must notify us of:
— your name, your geographical address and, where available, your telephone number and email address;
— as well as your decision to withdraw from the contract using the website's contact form.
14 2. Effects
If you withdraw from the contract, we will reimburse you for all payments received from you, including delivery costs (except for any additional costs arising from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction. With your express agreement, another means may be used. In any event, you will not incur any fees as a result of this reimbursement.
Please note that, if the customer withdraws after using the goods, the customer is liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. According to the European Commission, such handling is that which a consumer may carry out in a shop for goods offered for sale there.
If the customer withdraws, they must send back or return the goods to an address that will be provided following your withdrawal request, without undue delay and, in any event, no later than fourteen days after the customer has communicated their decision to withdraw from the contract to the addressee indicated on the withdrawal form. This deadline is deemed to have been met if the customer sends back the goods in the order before the fourteen-day period expires.
If the customer withdraws, they must bear the direct costs of returning the goods.
The company may defer the reimbursement until it has received the goods covered by the order, or until the customer has provided proof of dispatch of the goods, whichever occurs first.
Article 15- Intellectual property
The material reproduced on this website, perfectcashmere.com , which is the exclusive property of the publisher, is protected by copyright, trademark law and patent law.
Any reproduction or distribution of this material without the publisher's prior written authorisation may expose offenders to legal proceedings.
Article 16- Processing of personal data
The purpose of the computerised processing of the personal data collected is to manage orders and reuse the data for commercial purposes.
This data may be disclosed to our potential partners responsible for executing, processing, managing and paying for orders.
All personal data collected is processed with the strictest confidentiality and in accordance with the legal requirements governing the protection of personal data.
Clause :
In accordance with the amended French Data Protection Act No. 78-17 of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation), which came into force on 25 May 2018, you have the right to access and rectify your data and, subject to the applicable legal provisions, to have your data erased. The data controller is the Company's DPO, who can be contacted using the contact form.
If you have previously given your consent, you may receive marketing emails from perfectcashmere.com. You can unsubscribe from these emails by clicking the unsubscribe link at the bottom of each email received.
It is also specified that customers who do not wish to receive telephone marketing calls may register free of charge on the Bloctel do-not-call list at bloctel.gouv.fr.
Article 17- Mediation
- 1. Prior complaint
Text
Articles R. 221-2 et seq. of the French Consumer Code
Clause
In the event of a dispute, you must first contact the company's customer service department on 0769467061, Monday to Friday, except on public holidays or non-working days, from 08h30 to 12h00 and from 14h00 to 16h00, or via the contact form or by post at STYLE NETWORK INTERNATIONAL, located at 29 boulevard Gay Lussac, 13014 Marseille.
- 2. Request for mediation
Clause
If your complaint to the customer service department is unsuccessful, or if this department has not responded within two months, you may refer the dispute concerning the order form or these Terms and Conditions, between you and the professional seller, to a mediator, who will seek, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
You may contact the e-commerce federation's mediator on its website at www.mediateurfevad.fr.
To submit a request for mediation, consumers may use the complaint form available on the mediator's website.
The parties to the contract remain free to accept or refuse mediation and, if they proceed with mediation, to accept or refuse the solution proposed by the mediator.
Article 18- Competent court
Clause :
Failing an amicable agreement, you may bring any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as any documents connected with that contract, before the court.
The competent court shall be that of the place where the defendant resides (Article 42 of the French Code of Civil Procedure) or that of the place where the goods were effectively delivered or the service performed (Article 46 of the French Code of Civil Procedure).
Article 19 - Applicable law
This contract and the Terms and Conditions governing it are subject to French law.
However, the application of the law of the professional's country may be set aside in favour of the law of the consumer's country, under the conditions provided for in Article 6-2 of the Regulation of 17 June 2008 on the law applicable to contractual obligations, as incorporated into Article 17 of the Law of 21 June 2004 on confidence in the digital economy for the benefit of French consumers.
Under the Regulation, the application of the law of the professional's country must not deprive a consumer residing in another Member State of the protection afforded by the mandatory provisions of that country's law, which must be presumed to be more favourable than that of the professional's country.
In this case, the foreign consumer who entered into a contract on a French website must demonstrate, in order to obtain a ruling from the court applying their own law, that French law is less favourable than the law of their country and that the law of their country creates an obstacle to trade in the internal market which is justified by consumer protection.
Note This clause applies Article 6-1 of the Regulation of 17 June 2008 to the letter, which provides that where the professional directs its activities to the country in which the consumer resides, as is the case with the sales website on which foreign consumers can enter into contracts, the applicable law is the law of the consumer's country of residence. In this case, the foreign consumer who entered into a contract on a French website must demonstrate, in order to obtain a ruling from the court applying their own law, that French law is less favourable than the law of their country and that the law of their country creates an obstacle to trade in the internal market which is justified by consumer protection.
This choice requires the professional, despite the European directives, to apply as many different laws as there are countries in which it conducts its sales activities.