GENERAL CONDITIONS OF SALE

Last updated on: January 11, 2023

Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “ General Conditions of Sale ”, or the “ GCS ”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by any means.

The General Terms and Conditions are binding on the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 2 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for socks (hereinafter the “ Product(s) ”) open to any natural or legal person using the Site (the “ Customer ”).

The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are at the latest sent upon delivery. The Products comply with the requirements of French law in force.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain his responsibility. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration he uses is secure and in working order.

Article 3 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is the Customer's responsibility not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality of the data, in particular the username and password, allowing them to access their customer area, the Customer acknowledging that they are solely responsible for access to the Service via their username and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.

After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.

When registering, the Client undertakes to:

  • provide real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
  • keep registration data up to date in order to ensure that it is always real, accurate and up to date.

The Customer further undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its exclusive discretion.

Article 4 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

  • the delivery of a Product of a quality and price equivalent to that initially ordered, or

  • reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

Except for any contrary mention appearing in these General Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to his basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by email at the time of confirmation of his Order so that the latter can refer to it.

The contractual information relating to the order (including in particular the order number) will be confirmed by email in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify themselves in their customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

  • The Customer would not respect the General Conditions in force at the time of his order;
  • The Customer's order history shows that amounts remain due under previous orders;
  • One of the Customer's previous orders is the subject of a dispute currently being processed;
  • The Customer has not responded to a request for confirmation of his order that the Operator sent to him.

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address coucou@panamien.com , the Operator will provide the Customer with a copy of the contract that is the subject of the request.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity to enter into a commitment under these General Conditions.

Registration is open to capable adults and minors provided that they are supervised by a parent or guardian with parental authority. Under no circumstances is registration permitted on behalf of third parties unless you are validly authorized to represent them (e.g. a legal entity). Registration is strictly personal to each Client.

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the account of said Customer without notice.

Article 5 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by all necessary means.

The Operator uses the online payment solution Shopify Payments .

Orders can be paid using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the amounts due will result in the immediate nullity of the sale.

The bank card may be refused in particular if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purposes than these.

Article 6 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros including all taxes (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 7 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed at the time the Customer sends confirmation of their order.

The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it using the "double-click" technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on "I confirm my delivery", then he acknowledges accepting these General Terms and Conditions before clicking on the "I pay" button, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or by writing on another durable medium in the event of:

  • delivery of a Product which does not conform to the declared characteristics of the Product;
  • delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, in the same manner and without result, to make the delivery within a reasonable additional period;
  • price increase which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be terminated by the Operator in the event of:

  • of the buyer's refusal to take delivery;
  • non-payment of the price (or the balance of the price) at the time of delivery.

Article 8 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 9 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers you different delivery or delivery methods depending on the nature of the product: Tracked Letter or Colissimo.

The shipping costs are those specified when finalizing the order and are accepted by validation of the order .

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email indicating the new delivery date to the Customer.

Estimated delivery times for Products sold on pre-order may be 3 to 4 months from the validation of the order.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, you may be asked to sign a receipt.

No delivery will be made to a PO Box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaints about the quantity or condition of the Product will be accepted if the complaint has not been noted on the delivery slip.

Article 10 – RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to contact customer service via email: coucou@panamien.com to inform of his decision to exercise his right of withdrawal.

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by email.

Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

  • name, geographic address, telephone number and email address;
  • decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not obligatory.

The return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:

  • for the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
  • for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • for the supply of goods made to the consumer's specifications or clearly personalized;
  • of supply of goods liable to deteriorate or expire rapidly;
  • for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • of the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
  • for the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
  • concluded at a public auction;
  • provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which are to be provided on a specific date or period;
  • of supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, first name, address) of the Customer as well as the order number and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all elements enabling the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of a credit note / gift voucher may be reimbursed by credit note / gift voucher according to the Operator's wishes.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 11 – CUSTOMER SERVICE

The Customer can contact the Operator:

  • By email to coucou@panamien.com , indicating your name, telephone number, the subject of your request and the number of the order concerned.

Article 12 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

 

ARTICLE 13 – LIABILITY AND WARRANTY

The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party hereto.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred for its defense.

Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you have a period of two (2) years from delivery of the goods to take action:
  • you can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of Articles 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L.217-4 of the Consumer Code:

"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility."

Art. L.217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L.217-7 of the Consumer Code:

“Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Art. L.217-9 of the Consumer Code:

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."

Art. L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Art. 1641 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Art. 1644 of the Civil Code:

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."

Art. 1648 paragraph 1 of the civil code:

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

It is recalled that the search for amicable solutions prior to any possible legal action does not interrupt the time limits for the application of legal guarantees or the duration of any possible contractual guarantee.

ARTICLE 14 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please read carefully the Privacy Policy (the “ Policy ”). You can consult this Policy at any time on the Site.

Article 15 – HYPERTEXT LINKS

The hyperlinks available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to report any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.

The Customer may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 16 – REFERENCES

The Client authorizes the Operator to mention the Client's name and logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 17 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.

CHANGES TO CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.

The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards it or any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT - MEDIATION

In the event of a dispute, you must contact the company's customer service at the following address: coucou@panamien.com.

APPLICABLE LAW

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions.

By registering on the Site, the Customer confirms having read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated on that date may be provided to the Customer upon request. It is therefore specified that any modification to the General Conditions which may be made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.