General conditions of sale and use

Article 1 – Scope and acceptance of the conditions

1.1 These Terms apply to all access to and use of the Website, and govern any Order placed on the Website, subject to section 4.9. Any User of the Website is deemed to have accepted the Terms.

1.2 PAUÈME may modify the Conditions at any time by publishing a new version of them on the Website, and any access and/or use of the Website subsequent to this publication will be governed by this new version of the Conditions.

1.3 PAUÈME may inform Users who have created a Customer Account of any modification to the Conditions by email, if it deems it appropriate, at its sole discretion.
If they do not accept any modification, the Customers' only recourse is to delete their Customer Account and stop using the Website.

Article 2 – Definitions

The following terms, when capitalized, used in the singular or plural, have the meanings defined below:

Customer: means any User who creates a Customer Account and/or places one or more Orders on the Website;

Order(s): means any Order for one or more Products made by a Customer on the Website;

Customer Account: means the personal account that any User may create on the Website, provided that it meets the relevant criteria set out in these Conditions;

Conditions: means the provisions of these conditions of use, including those of the Privacy Policy, as amended from time to time by PAUÈME;

Personal Data: means personal data (as defined in the applicable data protection legislation) concerning Users accessing the Website and collected by PAUÈME through the operation of the Website, in particular data relating to Orders and/or Customer Accounts;

Product Sheet: means the photographs of the Products published by PAUÈME and the description of the main characteristics of said Products;

Brand: means the brand “PAUÈME”, including all trade names, trademarks, logos, designs, Internet domain names, goodwill and any other type of intangible assets and related distinct attributes, whether registered or not, existing anywhere in the world;

Shopping Cart: means the summary of any Order awaiting confirmation by the relevant Customer;

Privacy Policy: means the separate document, describing in more detail how PAUÈME may process Personal Data as well as certain rights of the persons concerned by the processing of Personal Data by PAUÈME, which forms an integral part of these Conditions;

Product(s): means the products offered for sale on the Website, such as women's swimwear, accessories (scarves, bath towels, etc.) and other products;

Website: means the website accessible under www.paueme.com but excluding external websites to which the Website may refer by link;

User: means any person who accesses the Website, regardless of the means used to access the Website;

PTCSA: Public Limited Company registered in the Luxembourg Trade and Companies Register (Luxembourg) under number B250302, whose registered office is located at 17 rue Luc Housse L-1738, Luxembourg (Luxembourg)

Exploitation of the Pauème brand:

OHLALA SAS
6 Chemin des Chanelles - 54840 Bois de Haye,
FRANCE,
Siren 811568989
Siret 81156898900032
Intracommunity VAT FR92811568989
RCS B 811 568 989

Article 3 - The website

3.1 The Website and its content are provided by PAUÈME for strictly personal use and for the sole purpose of informing Users of the Products and promoting the Brand, as well as allowing Customers to place Orders.

3.2 Exclusively for the purposes specified above, PAUÈME grants Users a limited, revocable and non-exclusive right to access and use the Website in accordance with the Conditions. For the avoidance of doubt, as between PAUÈME and Users, all rights in the Website, its content and the Brand remain the sole and exclusive property of PAUÈME.

3.3 Users shall not reproduce, distribute, sell or assign any content of the Website or otherwise use or exploit the Website or its content for purposes other than those specified above. In particular, each User undertakes not to (i) use the Website for purposes or in any manner that would contravene any applicable legal provisions or infringe any intellectual property or other rights or legitimate interests of PAUÈME or any third party, (ii) provide false, inaccurate or incomplete information to PAUÈME, (iii) use malicious code or programs in connection with the Website, with the aim of damaging the Website or impairing its proper functioning or accessing or extracting any content or data, including the Personal Data of other Users.

3.4 PAUÈME may modify the Website or any part of it, without notice and without any liability to Users.

Article 4 - Customer accounts and orders

4.1 Subject to Section 4.3 below, Users may create personal Customer Accounts to store certain information such as email, shipping and billing addresses, store favorite products, check pending and past Orders, subscribe to and unsubscribe from PAUÈME newsletters, and other features that PAUÈME may, from time to time, implement in the Customer Accounts section of the Website.
Customers are themselves responsible for choosing a secure password and keeping it safe, in order to prevent misuse of their Customer Accounts.
If Customers suspect abuse of their Customer Account, they must immediately change the password and inform PAUÈME.

4.2 Subject to Article 4.3 below, Customers may place Orders using their personal Customer Account or as “guests”, in which case they must provide PAUÈME with at least a valid and operational email address, a shipping address and a billing address.

4.3 Customers must be at least 18 years old and have full legal capacity to create and use a Customer Account and/or to place Orders independently.
Customers who are under 18 or have restricted civil capacity may do so with the consent of their legal representative.
When a Customer creates a Customer Account and/or each time a Customer places an Order, he declares and guarantees to PAUÈME that he meets the above criteria.

4.4 Customers must only provide PAUÈME with truthful, accurate and complete information on which PAUÈME and its partners will rely entirely, in particular for the processing of Orders.
PAUÈME and its partners will have no liability for false, inaccurate and/or incomplete information provided by Customers and, in particular, will have no obligation to verify the shipping address when processing an Order.
Any additional costs resulting from the provision of false, inaccurate and/or incomplete information will be borne entirely by the relevant Customer.

4.5 Orders may only be made for personal purposes. PAUÈME reserves the right to limit the quantity of Products per Customer and/or per Order.
These limits may apply to Orders placed by the same Customer Account, the same credit card or using the same billing and/or shipping address.

4.6 PAUÈME is not required to accept Orders.
In particular, PAUÈME may refuse Orders and/or terminate the Customer Accounts of Customers who have not complied with any of the provisions of these Conditions, in particular payment obligations, or if it suspects that the Orders are made with a view to the resale of the Products.

4.7 Order Process

4.7.1 Customers can check the contents of their Shopping Cart by clicking on the corresponding icon and can modify this content at any time during the Order process until payment.
The Cart usually expires at the end of a period of a few days from the date of its creation by the addition of a Product or Products and/or from a change to the Cart (addition or removal of a Product).

4.7.2 During the Order process, Customers are guided through various steps by the Website.
Until payment, Customers can return to the previous step at any time.

4.7.3 Customers finalize their Orders by confirming their payment.

4.8 Once the Orders have been finalized, PAUÈME confirms these to the Customers by email.
Customers are advised to keep these confirmation emails.
If Customers do not receive confirmation emails from PAUÈME at the end of any Order, they are advised to contact PAUÈME at the address indicated in Article 12, after checking their spam box.

Article 5 - Product prices – Regulations

5.1 The prices displayed on the Website for each Product are indicated in euros. Additional shipping costs may apply.

5.2 Before finalizing an Order, an overview of the total cost is provided to Customers, in euros, including the price of all Products, applicable taxes and shipping costs and discounts, if applicable.
The amount of the Order may be paid using the payment methods available on the Website for the country concerned.

5.3 Customers who finalize an Order declare and guarantee to PAUÈME that they are authorized to use the payment instrument they use (e.g. a credit card or a PayPal account).

5.4 In the event of a request for a refund of an item (or several items) that was the subject of a special temporary promotion (Women's Day, Mother's Day, Start of Summer, etc.), the customer must return all of the items in their package, including items that were offered or discounted.

Article 6 - Availability of products

6.1 PAUÈME uses its best efforts to ensure that only Products in stock are displayed as available on the Website.
If, however, certain Products displayed as available on the Website are not available, PAUÈME will inform Customers who have ordered these Products as quickly as possible.

6.2 In this case, Customers have the option:
- to receive a Product of their choice of equivalent quality and price;
- to wait until the Product initially ordered is back in stock, if a return to stock is planned; or
- to cancel the purchase and request a refund (including delivery costs, if applicable).

6.3 PAUÈME will reimburse exclusively by bank transfer.

Article 7 - Shipping

7.1 PAUÈME strives to deliver Orders within the timeframes indicated by PAUÈME when processing an Order and within a maximum period of thirty (30) days.

7.2 If PAUÈME fails to ship Products within thirty (30) days following the finalization of the relevant Order, Customers may set a reasonable additional deadline for PAUÈME in writing.
If PAUÈME fails to ship the Products within this additional period, Customers may cancel the purchase by informing PAUÈME in writing.
In this case, Article 6.3 applies accordingly.

7.3 If a Customer places an Order for several Products, PAUÈME may be required to deliver the Products in several shipments.
In this case, PAUÈME will inform the Client accordingly.

7.4 In principle, PAUÈME ships the Products to any address in the countries indicated during the Order process.
If a specific shipping address is not served for any reason, PAUÈME will inform the affected Customer as soon as possible.

7.5 Customers must check all packages upon delivery and issue any reservations, or refuse packages, if they appear to have been opened or show obvious signs of damage.
Reservations and complaints must be notified to the carrier by registered letter with acknowledgment of receipt within three (3) working days following receipt of the Products.
Customers must send a copy of this notification to PAUÈME without delay.

Article 8 - Customer's right of withdrawal and withdrawal

8.1 Notwithstanding the foregoing, PAUÈME grants its Customers the right to cancel any purchase before and within fourteen (14) days from the day following delivery.
In the case of Orders delivered in multiple shipments, the 14-day period begins on the day following delivery of the last Product.
In this case, PAUÈME will reimburse all payments received from the Customers concerned for the Products returned in accordance with this Article 8, including the transport costs corresponding to the least expensive shipping method available on the Website if the entire order is returned.
To cancel an Order in accordance with this Article 8, Customers will notify PAUÈME in writing, using the contact form by selecting the subject of the request.
PAUÈME will acknowledge receipt of the cancellation notification by email. Article 4.8 applies accordingly.

8.2 In order to effectively cancel an Order, Customers must return the Products within fourteen (14) days of notification (tracked by La Poste) in accordance with Article 8.1, in their original packaging and accompanied by all documents and accessories possibly shipped with the Products, as well as the corresponding invoice.
The cost and risk of returning the Products are the responsibility of the Customers.

8.3 Customers must take care of the Products in their possession. Customers are informed that PAUÈME reserves the right to refuse any return, if the Customers have violated this obligation of care, in particular if the returned products are damaged or show signs of use (in particular if the refund label and the single-use seal have been removed, if the sanitary strips of women's swimsuits have been removed, if the product is dirty, etc.).
In this case, PAUÈME will return the returned Products to the Customer and will not refund the price.

8.4 If Products are returned in accordance with this Article 8, PAUÈME will process the refund as soon as possible and, in any event, within thirty (30) days following the day of receipt of the Products.

Article 9 - Warranty and product liability

9.1 PAUÈME guarantees that the Products comply with the corresponding Product Sheet, are free from defects and suitable for the intended use.

9.2 If a Product delivered by PAUÈME does not comply with the warranty according to article 9.1 above and subject to article 9.3, the Customer may return this Product and PAUÈME must, at its own expense and at the Customer's choice:
- deliver an identical replacement Product, subject to availability;
- deliver a Product of equivalent quality and price, subject to availability; or
- refund the purchase price within thirty (30) days following the request thus made.

9.3 Customers who intend to assert warranty claims must first contact PAUÈME at the address indicated in Article 12 before returning the Products.
PAUÈME reserves the right to assess the merits of the warranty case before and after each return and Customers must fully cooperate with PAUÈME for the purposes of this assessment before returning Products (e.g. providing any information that may be requested by PAUÈME, including photos of possible defects).

9.4 Products that have been altered and/or damaged by Customers or that have been used in a manner that does not correspond to their intended purpose or use, in accordance with the instructions and usage guidelines provided by PAUÈME, will be excluded from all warranties.
In this case, PAUÈME will return the returned Products to the Customer and will not refund the price.

9.5 Subject to the mandatory provisions of applicable law, the Customer's remedies under Article 9.2 represent PAUÈME's exclusive liability to Customers with respect to the Products.

Article 10 - Guarantee and liability of the website

10.1 The Website and all its contents and services are provided by PAUÈME AS IS without any warranty.

10.2 Subject to the mandatory provisions of applicable law, PAUÈME expressly disclaims all liability, including that of its administrators, representatives, partners and other auxiliaries, with regard to access to and use of the Website by Users.
In particular, PAUÈME and its administrators, representatives, partners and other auxiliaries cannot be held responsible for any problem of any nature whatsoever concerning the User's computer equipment and their Internet connection when accessing the Website.

Article 11 - Personal data

The processing of Users' Personal Data in relation to the Website is governed by the Privacy Policy available on the home page and which forms an integral part of these Conditions.

Article 12 - Assistance – Complaints

For any technical information, questions or complaints regarding the Website, the Products or regarding any Order, Users may contact PAUÈME at the following email address: contact@paueme.com

Article 13 - Miscellaneous

13.1 If any provision of these Terms is found by a court of competent jurisdiction to be illegal or unenforceable, the other provisions will not be affected and the illegal or unenforceable provision will be deemed superseded by a legal and enforceable provision that most closely reflects the intent of the original provision.

13.2 Correspondence between PAUÈME and Users will generally be by email.
Users acknowledge that they have the burden of proving that their emails were sent and, where applicable, in a timely manner.
Users are therefore advised to send a copy of any important notification, which will produce legal effects or which starts a deadline, by registered letter.

Article 14 - Applicable law - Dispute resolution

14.1 Subject to the mandatory provisions of applicable law, these Conditions are subject to French law.

14.2 In the event of a dispute relating to these Conditions, Users must first contact PAUÈME in order to reach an out-of-court solution.

14.3 In the absence of an out-of-court settlement, PAUÈME and the User undertake to submit their dispute to a mediator designated by PAUÈME and the User.

14.4 In the event that the dispute is not resolved through mediation, either party may submit the dispute to any competent court.