This website is intended to promote and sell Patricia Blanchet shoes and accessories online.
The website of the designer Patricia Blanchet, accessible via the URL www.patriciablanchet.com, is published by BIBL, a limited liability company with capital of 7,622.00 euros, registered since 29 March 1993 in the Paris Trade and Companies Register under number B 390 594 745, with registered offices at 20, rue Beaurepaire in Paris (10th district); telephone: +33 (0)1 42 02 35 85; e-mail: firstname.lastname@example.org.
Its editor is Mr Laurent Blanchet, manager of the BIBL Company.
The site is hosted by OVH, a joint stock company with capital of 10,059,500 euros, registered since 28 May 1999 in the Lille Métropole Trades and Companies Register under number 424 761 419 00045, with registered offices at 2 rue Kellerman, 59100 Roubaix.
For the purposes of the present general conditions, the singular shall imply the plural and vice versa. The following definitions shall apply to terms spelled with an initial capital:
1.1 “Product”: any good marketed under the Patricia Blanchet® brand offered for sale by the Company on the Website;
1.2 “Customer”: any User who has previously registered on the Website with a view to making a purchase on the Website.
The Customer shall be exclusively a natural person who is not a trader:
- either aged more than 18 years and possessing the full legal capacity to agree to a sale;
- or aged less than 18 years and be emancipated or duly authorised by his or her legal representative to agree to a sale;
1.3 “General Conditions”: the arrangements for using the Website and for the sale of Products thereon, as accepted by the Users and the Customers;
1.4 “Delivery Charges”: the costs of dispatch to be borne by the Customer for the conveyance of the Product(s) to the delivery address the Customer provides when placing his or her order;
1.5 “Website”: the e-commerce website at www.patriciablanchet.com, published by the BIBL Company and allowing Patricia Blanchet to offer the Products for sale online;
1.6 “Company”: The BIBL Company which publishes the Website and owns and exploits the Products worldwide;
1.7 “User”: any person who uses the Website.
These General Conditions are intended to set forth the conditions governing the use of the Website by the Users and the arrangements for the sale of the Products between the Company and its Customer.
By using the Website, the User accepts the General Conditions hereinafter, agreed with the Company.
These General Conditions shall apply exclusive of any other. They shall prevail over any other statement or indication appearing on the Website or other publications by or about the Company.
The User acknowledges having read and accepted these General Conditions without reservations, amendment or restriction.
The User may print these General Conditions or save them in .pdf format on a durable recording medium.
3.1 Registration on the Website is free and necessary for using its advanced functions, which include the purchase of a Product or the receipt of the Company’s newsletter.
To access these services, the Customer must create a Customer Area by registering on the Website through the “Customer Area” tab.
During his or her registration on the Website and the creation of the Customer Area, the Customer shall choose a user name and a password, which are strictly personal, confidential and non-transferable. The information transmitted by the Customer during his or her registration and each time he or she uses the Website shall be stored by the Company under the applicable conditions, inter alia of duration, stipulated by the regulations applicable in France.
3.2 The Customer undertakes not to allow a third party to access and/or use his or her Customer Area. The Customer shall be solely liable for the use, even without his or her knowledge, of his or her Customer Area and/or his or her password by a third party and shall alone bear the consequences. The Customer undertakes to inform the Company of any use by a third party of his or her Customer Area and/or of his or her password upon learning of such.
Unless expressly authorised beforehand by the Company, the Customer shall refrain from creating or using other Customer Areas than the one created in his or her name on the Website, either under his or her identity or the identity of a third party.
3.3 The Customer undertakes to respect the following cumulative conditions: the Customer must complete the fields of the registration form on the Website and undertakes to provide the company with full and accurate information only. In particular, the Customer shall provide his or her postal and telephone contact details, together with his or her e-mail address.
To enable the Company to provide a service of good quality to the Customer, the Customer undertakes to update as soon as practicable the information provided in his or her Customer Area, in particular his or her postal and banking details, together with his or her e-mail address. The Customer shall be solely liable for any direct or indirect prejudice arising from the update to this information, for which he or she shall alone bear the consequences.
4.1 The Products offered on the Website are precisely described in their respective product information forms as accurately as possible, in particular with regard to their price, height, size and special features.
It is especially recommended that Customers proceed with due care as concerns possible differences in size depending on the model and forms of the Products.
To facilitate and assists Customers with their choices, the Company provides an explanatory table for each model concerned and a Customer Service.
4.2 The photographs and illustrations accompanying the Products on the Website have no contractual value and shall not entail the responsibility of the Company.
4.3 The Product offers and the prices displayed on the Website are valid for as long as they are visible and available for sale.
Nonetheless, the Customer is reminded that placing a Product in his or her shopping basket does not confirm the order.
For any questions relating to Products, the Website, these General Conditions, the Customer Service of the Company may be contacted as follows:
- by telephone from Monday to Saturday as from 11:00 a.m. to 7:00 p.m. at +33 (0)1 42 02 35 85 (cost of a local call in mainland France) ;
- by e-mail at the following address: email@example.com;
- by postal mail at the following address: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
6.1 The Customer may place an order:
- on the Website via his or her Customer Area ; or
- directly in a shop.
6.2 On the Website, Products orders shall be placed by following the following stages:
1- Choice of Products by the Customer in the shopping basket;
2- Confirmation of the shopping basket;
3- Identification of the Customer on the Website/Creation of a Customer Area by the User;
4- Choice of mode of delivery by the Customer ;
5- Choice of payment by the Customer ;
6- Acceptance of the General Conditions by the Customer ;
7- Confirmation of payment by the Customer ;
8- Confirmation of the order by e-mail from the Company to the Customer with an indication of the estimated date of delivery.
6.3 Any order placed entails acceptance by the Customer of the price and Product description available at the time Products are offered for sale.
The Customer is strongly advised to keep a copy of his or her order on paper or on a reliable and durable recording medium.
6.4 If the Company does not confirm the order, the order is not considered to have been recorded.
6.5 The Company undertakes to honour orders received on the Website and duly confirmed, while stocks last.
If one or more Products ordered on the Website are not available, the Company undertakes to inform the Customer accordingly by e-mail. The order for the Product will then be cancelled and the price refunded, with the remainder of the order being firm and final.
6.6 The Company reserves the right to refuse any order by a Customer for a legitimate reason, owing, for example, to difficulties in supplying a Product, a difficulty with the order or its delivery, or owing to the abnormality of the order, or in the event of a dispute relating to a previous order, in particular as to payment therefor. The Company shall in no way be liable in that event.
6.7 The Company shall inform the Customer solely by e-mail. The Customer is therefore requested to check his or her e-mail box regularly.
7.1 The prices of Products on the Website are stated in euros, inclusive of tax, minus Delivery Charges, which vary with the desired mode of delivery.
The Company reserves the right to change the prices at any time without prior notice. Products will be billed based on the applicable prices at the time an order is confirmed.
7.2 Payment for Products will be in euros on the Website by :
- Bankcard: Visa, Carte Bleue (bank card), MasterCard, and American Express.
- PayPal account.
The Company uses a secure mode of payment offered on the Website by its service provider, HSBC. The banking details provided by the Customer are directly transmitted in encrypted form and are not routed through the Website.
Pursuant to article L. 132-2 of the Monetary and Financial Code of France, the commitment to pay made by means of a bankcard is irreversible. By providing the information concerning his or her bankcard, the Customer authorises the Company to debit from his or her bankcard the amount corresponding to the price of the order placed on the Website.
To this end, the Customer confirms that he or she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his or hers. The Customer shall provide the sixteen digits and the expiry date of his or her bankcard and, if applicable, the numbers of the visual cryptogram.
If it is impossible to debit the price of the order, the sale of the Products shall be immediately cancelled as of right and the order will be cancelled. The Company shall make every effort to maintain the confidentiality and security of the data transmitted on the Website through its service provider, HSBC.
7.3 The Customer undertakes to pay the full price when placing the order.
The Company will only confirm the order upon receipt of the full price.
The Products shall remain the property of the Company until payment of the full price by the Customer.
8.1 The Company will dispatch no order without prior confirmation.
8.2 The Products will be delivered to the address provided by the Customer when placing the order. No changes may be made after the dispatch.
8.3 Save for sales periods, feast days and holidays, any order placed through the Website from Monday to Friday before 4:00 p.m. and duly confirmed by the Company shall be prepared and dispatched on the same day.
Orders placed on a Saturday, Sunday or a bank holiday shall be processed on the 1st subsequent working day.
8.4 The order will be delivered as the Customer chooses:
- to the address provided by the Customer when placing the order:
- to a pick-up point;
- at the head office of the Company at 20, rue Beaurepaire, 75010 Paris.
8.5 For deliveries outside France, any customs duties and charges shall be borne by the Customer. The Company is not required to verify and inform the Customer of the applicable charges and duties. It is for the Customer to obtain such information from the competent authorities in the country to which delivery is made. Should the Customer decline to pay the customs duties and charges, any sums payable by the Company as a result of the return of the Product(s) shall be charged to the Customer and deducted from the refund.
8.6 To track open orders, the Customer may consult his or her Customer Area, the website of the partner responsible for the delivery, or contact the Customer Service.
8.7 It is for the Customer to verify the state of the Products delivered and to report to the partner of the Company responsible for delivery, within 3 (three) days of the delivery of the Products, any anomaly, default, damaged or opened parcel, missing or defective Product(s), etc.
Such report shall be made directly to the company responsible for the delivery and copied by e-mail to the following address: firstname.lastname@example.org or by registered or tracked postal mail with acknowledgement of receipt to: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
In the absence of any complaint within the above-mentioned time limit to the aforementioned partner and to the Company, all action shall be extinguished and the Products shall be considered to have been unreservedly accepted.
8.8 Pursuant to the French Consumer Code, if the Products are not delivered within 7 (seven) days with effect from the date indicated during confirmation of the order, the Customer may cancel the order within 60 (sixty) working days by registered letter with notice of delivery to the following address: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
The full price of the undelivered Products will then be refunded to the Customer, who shall still bear the delivery costs.
8.9 The Customer may not claim a refund or damages, in particular where delivery could not be effected for the following reasons:
- a failure to provide information during the order or an error of the Customer in providing his or her address details or the details of the place of delivery;
- the absence of the Customer; or
- the unavailability of the Customer.
9.1 Pursuant the applicable law, in particular article L.121-21 of the French Consumer Code, the Customer has 14 (fourteen) clear days to exercise his or her right of withdrawal without being required to furnish reasons therefor or to pay a penalty, with effect from the date of receipt of the Products either personally or by a designated third party, including delivery to a pick-up point or the delivery to the offices the Company, where the latter option has been chosen.
The consuming Customer shall then inform the Company of his or her decision to withdraw by means of an unambiguous statement stating the order number:
The Company will acknowledge receipt of the withdrawal and return to the Customer a form to be completed and sent to the above-mentioned addresses.
9.2 Should this right be exercised, the Product(s) must be returned by the Customer to the following address, date as per postmark: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
The Product(s) shall be returned by tracked mode of delivery, under the responsibility of the Customer, who must retain the proof of dispatch. The costs of the return will be borne by the Customer.
The right of withdrawal shall be exercised and the Company will make the refund provided that the Product(s) is/are returned new, unused, and in their original packaging, completely intact and with all its/their accessories.
Upon receipt, the Company will assess the state of the returned Product(s). No return will be accepted and therefore no right to a refund will be established if the returned Product(s) has/have been used or damaged by the Customer such that it/they cannot be sold.
9.3 Only the price(s) of the Product(s) ordered shall be refunded to the Customer by the Company.
Refunds for the Product(s) shall be as soon as practicable and no later than 14 (fourteen) days following the date of receipt of the Product(s) returned by the Customer to the Company.
The refund will be credited to the Customer’s bank account.
10.1 Pursuant to the legal guarantees in regard to conformity set forth in of the French Consumer Code and to hidden defects set forth in articles 1641 et seq. of the Civil Code, the Company undertakes to refund or exchange any Product(s) that has/have apparent defects, is/are damaged, or is/are inconsistent with the order.
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”
“To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
“Action resulting from lack of conformity lapses two years after delivery of the product.”
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
10.2 In that event, the Customer is requested to enter a detailed claim within 3 (three) clear days of receipt of the Product(s) by e-mail email@example.com or by registered postal mail with acknowledgement of receipt, date as per postmark, toSociété BIBL, 20, rue Beaurepaire, 75010 Paris, enclosing photographs attesting to the lack of conformity or defects of the Product(s).
After the stipulated time limit, the Product(s) will be considered compliant and free from any apparent defects. No claim will be validly accepted on that basis.
10.3 Upon receipt of the claim, the Company will determine whether the defect or lack of conformity is founded and, if applicable, will, as the Customer chooses, either exchange the Product(s) or make a refund for the Product(s) and the Delivery Charges.
10.4 An exchange will be made only if the Product(s) requested in exchange is/are available and stocked in the desired size and colour. Otherwise, the Customer may choose between alternative Product(s) or a refund.
10.5 After confirmation of the guarantee by the Company, the Product(s) must be returned by the Customer, to the following address, date as per postmark: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
The Product(s) shall be returned by tracked mode of delivery, under the responsibility of the Customer, who must retain the proof of dispatch. The costs of the return will be borne by the Customer.
The Product(s) must be returned new, unused, and in its/their original packaging, completely intact and with all its/their accessories.
Upon receipt, the Company will assess the state of the returned Product(s). No return will be accepted and therefore no refund will be made if the returned Product(s) has/have been used or damaged by the Customer such that it/they cannot be sold.
10.6 Only the price(s) of the Product(s) ordered and the Delivery Costs shall be refunded to the Customer by the Company, subject to the receipt of the returned Product(s).
Refunds for the Product(s) shall be made as soon as practicable and no later than 30 (thirty) days following the date of receipt of the returned Product(s).
The refund will be credited to the Customer’s bank account.
11.1 Rights to the Website and its content
The Website, the Products offered for sale and the databases integrated therein are the exclusive property of the Company.
Accordingly, any extraction, reproduction in whole or in part or transfer of the Website and/or any of its contents, such as the databases, but also any use other than their viewing on the Website, are strictly prohibited unless with the prior written agreement of the Company, save for exceptions provided for and strictly circumscribed by the applicable law, in particular the Intellectual Property Code.
11.2 Rights to the brands and domain name of the Website
Any names, designations and identification (such as logotypes or graphic trademarks, names of products and services) cited and reproduced on the Website are the property of the Company and/or, if applicable, of Ms Patricia Blanchet. They may not be put to any use, including partial use, reproduced, represented or imitated by the User save with the prior written authorisation of the owners concerned. Any infringement of this obligation shall constitute, inter alia, the offence of counterfeiting or unfair competition, for which the perpetrator is liable for judicial proceedings and civil and criminal penalties.
In particular, the sign Patricia Blanchet® is a registered mark and the exclusive property of the Company and of Ms Patricia Blanchet. Any reproduction or representation without prior written agreement of the mark, its logo and all its related distinctive signs constitute counterfeiting, or at the very least, a wrongful act for which the perpetrator(s) is/are liable for judicial proceedings together with heavy civil and criminal penalties, in particular those set forth in the French Intellectual Property Code.
11.3 Rights to the creation and design of Products
The creations and models marketed by the Company are works and/or designs that are the exclusive property of Ms Patricia Blanchet and of the Company. Any reproduction or representation without prior written agreement of similar or identical works and/or of designs constitute counterfeiting, or at the very least, a wrongful act for which the perpetrator(s) is/are liable for judicial proceedings together with heavy civil and criminal penalties, in particular those set forth in the French Intellectual Property Code.
12.1 Cookies and data
The User is informed that use of the Website and its services may require the saving of a cookie on his or her hard disc when he or she browses the Website. A cookie does not enable the identification of the user; however, it records information concerning the user’s computer browsing of the Website which the Company may read during subsequent visits by the User in order to facilitate the User’s browsing.
This information is stored for a period of 2 (two) months.
The User may manually delete this information from his or her computer terminal using the procedure applicable for his or her operating system and web browser.
Should the User elect to refuse the saving of cookies on his or her hard disc, the functioning of the website will not be guaranteed.
The Company may collect anonymous data concerning traffic and flows generated when the User’s computer is connected to the Website, such as: access providers, IP address, type and version of browser, duration of connection, etc. These data are collect inter alia to meet the Company’s legal obligations and may also be used for statistical purposes, in order to analyse the frequency of visits to the Website and for its improvement by adapting to the User’s tastes and needs. These data are never exploited in conjunction with the User’s identity.
12.2 Personal data
When using the Services of the Website, Customers may have to transmit personal data to the Company, in particular when they register on the Website and through Customer Area.
The Customers bear full responsibility for access to their Customer Area and in particular for the confidentiality of identifying information (login and password) they select. They undertake not to disclose this information or allow it to be used by unauthorised third parties for any reason whatsoever.
The Customer undertakes to contact the Company as soon as practicable upon the slightest suspicion of pirating or unauthorised use of his or her Customer Area.
The Company may not be held liable for identity theft or the misuse of the Customer Area and any consequences thereof.
12.2.2 Nature and processing of personal data collected
In accordance with the law, the communication of personal data is optional, based on the express agreement of the Customer to use the services of the Website.
The Customer is informed that this processing, in particular the management of e-mail addresses, Customer files and Prospecting for online sale is conducted by the Company and was duly declared to the National Committee on Information Technology and Freedom (CNIL) on 26 March 2014 under number 1753604.
The Company collects and processes personal data communicated by the Customer for the purposes of operating the Website and its services as effectively as possible and to enable the ordering of Products through the Website.
The personal data thus collected is primarily intended to allow the Company to manage and secure the Website , but also to manage the database of Customers and prospects.
Barring exceptions to these General Conditions, other data is stored by the Company for no longer than 3 (three) years after the end of the commercial relationship.
12.2.3 Transfer of personal data
The Company undertakes not to communicate, surrender or transfer in whole personal data to third parties without seeking the prior written agreement of the Customer concerned, except where so required by law or at the behest of the competent and empowered authorities.
The Customer concerned may refuse the transfer of his or her personal data to third parties by ticking the box provided to this end during his or her registration.
Nonetheless, subject to the Customer’s opposition, the Customer’s personal data may be communicated to third-party partners of the Company, in particular for the ordering and delivery of Products.
12.2.4 Right of access, correction, opposition and deletion of personal data
Pursuant to French Law no. 78 of 26 January 1978 on “Computers and Freedom”, amended by the Law of 6 August 2004, a Customer who has communicated personal data has a right of access, correction, opposition and deletion in respect of the treatment of his or her personal data, which right may be exercised free of charge by sending an e-mail to firstname.lastname@example.org or by writing to the following address: Société BIBL, 20, rue Beaurepaire, 75010 Paris.
At any time and for legitimate reasons, the Customer may oppose the processing of data concerning him or her and may in particular seek the closure of his or her Personal Space, which will entail the final and irreversible deletion of the personal data contained therein within 1 (one) month.
12.2.5 Newsletter and prospection
The Customer may subscribe free of charge to the Newsletter of the Website in order to be informed of offers made by the Company, events and new Products.
The Customer may at any time select the information that he or she wishes to receive and unsubscribe using the link provided for this purpose in each newsletter or message sent for the purposes of prospection.
13.1 The Company may not be held liable for circumstances beyond its control or for damages suffered by Users or to their technical environment, in particular their computers, software, equipment, networks (modems, telephones, etc.) and any equipment employed to access and use the Website.
The Company employs all reasonable means at its disposal to ensure good-quality access to the Website but has no performance obligation in this regard.
For the purposes of maintenance or for any other reason it determines, the Company reserves the possibility, without a requirement of prior notice to Users, to interrupt, temporarily suspend or modify access to all or part of the Website. Such interruption, suspension or modification of access does not give rise to any obligation or compensation on its part, regardless of any prejudice caused to users or to third parties as a result of such malfunction or lack of availability.
13.2 The Company may absolve itself of all or part of its liability in the sale online of Products for which it is only a distributor, after proving that the failure to comply with these General Conditions is caused by the Customer, unforeseeable and unavoidable action by a third party or a fortuitous event or a case of force majeure.
In any event, the Company may not be held liable for direct damages caused by the Products sold on its Website or the sale, exclusive of any other. The amount of compensation owed by the Company, in such case, may not exceed the price of the order, inclusive of tax, minus Delivery Charges.
These General Conditions are accepted for an indefinite time period with effect from the use of the Website by the User.
These General Conditions shall enter into force on the date of confirmation of the order and shall be agreed for the duration required for the delivery of the Products to the Customer, until the guarantees and obligations of the Company are extinguished.
They are likely to change with the Website and the business activities of the Company. Any User who has accepted them is invited to check for any updates thereto on a regular basis. Save for major changes affecting the situation of the User and likely to give rise to an alert on the Website, the User is assumed to have accepted such regular updates.
15.1 Should one or more of the stipulations of these General Conditions be held to be invalid and declared as such pursuant to the law, the applicable regulations, or following a final decision by a competent court, the remaining stipulations shall retain their entire validity and scope.
15.2 The failure of one of the parties to claim a failure on the part of the other party to meet any of its obligations set forth in these General Conditions may not subsequently be construed as a waiver of the relevant obligation.
16.1 These General Conditions are governed by French law.
16.2 These General Conditions are drafted in French. Any translation into a foreign language has no value and may not be held against the Company on any grounds whatsoever.
16.3 In case of dispute as to the interpretation, performance or validity of these General Conditions, French courts shall retain exclusive jurisdiction.