GENERAL SALES CONDITIONS
Clause 1.GENERAL POINTS
The general terms and conditions for on-line sales given below shall govern the relations between the parties in the framework of the sale of Pull-in Underwear brand products to the customer.
The customer declares that he has read these conditions and accepts the related rights and obligations.
Customers guarantee that they are fully authorised to use the bank card, which shall give access to sufficient funds to meet all costs resulting from any on-line purchases on the www.pull-in-store.com site.
It is specifically stated that the on-line purchasing service on the www.pull-in-store.com site is intended exclusively for private use by individuals. The purchase of merchandise for commercial/professional purposes is strictly prohibited.
Clause 2.ORDERING METHOD AND PROCESS
Once he has selected the type, colour and quantity of the desired product(s), the customer continues the ordering process by going to the "Check Out". The "Check Out" summarises the type and the quantity of the items being purchased by the customer.
The customer continues the ordering process within the shopping cart, and is thus informed of the transport costs and the total amount to be paid.
At this stage the customer may still end the purchase operation. He will be asked to identify and, if necessary, correct any errors that may have been made in the entry of data and/or the choice of products.
By validating the order, the customer declares that he has read these general terms and conditions of sale and use in full, and that he completely accepts them without reservations.
The customer shall irrevocably confirm and validate his order by finalizing the payment of his order.
Pull-in Underwear shall confirm by e-mail to the address given by the customer that the order has been taken into account, in the hours following the order. The content of this confirmation shall be in the language chosen at the beginning of the ordering process.
Images used on the website can not be contractual.
Clause 3. PRICE
The prices indicated for each product offered for sale are given in euros, inclusive of tax. These prices shall not include the transport costs. In order to view the transport costs and the total price that he must pay on continuing the ordering procedure, the customer shall consult his shopping cart.
Pull-in Underwear reserves the right to change its prices at any time, but undertakes to apply the prices in force that were shown to the customer at the time of his order.
Clause 4. PAYMENT AND SECURITY METHODS
Payment Methods
Payment shall be made only by bank card. The bank cards accepted are: CB, Visa, and MasterCard.
The payment is then made on the BNP secure banking server.
The customer's bank account shall be debited 4 days after the order date, and this latter shall be considered as effective after confirmation of the agreement by the bank payment centres. In the event of refusal by the bank, the order shall be cancelled automatically.
Encryption of Bank Details
In order to ensure a total security, customer credit card details are encrypted using the SSL (Secure Socket Layer) protocol, and are never transmitted in clear text across the network. No banking information concerning the customer shall be transmitted through the www.pull-in-store.com site. The payment by bank card is therefore totally secure. The payment is made directly through the bank. Pull-in Underwear has no access to these details in any circumstances, and does not store them on its servers. The customer will therefore be requested for these details again for each new transaction on our site.
Anti-fraud inspections
Each order validated on the www.pull-in-store.com site shall be inspected by Pull-in Underwear and its partner MERC@NET. MERC@NET is a trusted brand for e-commerce and is committed to consumer protection. Pull-in Underwear and MERC@NET shall protect both Pull-in Underwear and consumers from abusive practices carried out by fraudsters.
In order to ensure security of transactions and to fight fraud, MERC@NET shall automatically process the information included in the order form.
Any fraudulent use of a bank card which generates an unpaid debt shall result in the inscription of the order form contact details associated with this unpaid debt in a payment incident file implemented by MERC@NET.
Any order presenting an anomaly may lead Pull-in Underwear to ask the customer for the documentary evidences required to unblock the order, in the event that the delivery and the billing addresses are different.
These requests are made by e-mail, then by registered letter with return receipt.
Non-payment
Pull-in Underwear shall reserve the right to refuse a delivery or honour an order from a customer with a pending unpaid order, either in full or in part, or with whom a payment dispute is being handled.
Retention of Title clause
Title to the products shall remain with Pull-in Underwear and shall not pass to the customer until payment in full of all amounts by the customer (including amounts due but not yet payable). Notwithstanding that title is retained by Pull-in Underwear, risk in the products shall pass to the customer upon delivery of the products.
Clause 5. DELIVERY METHODS AND LEAD TIMES
The products shall be sent to the delivery address indicated by the purchaser during the order process.
If on delivery there is no-one present at the address indicated by the customer, a non-delivery notice is normally left in the letterbox. The customer may then collect his package from his post office within the 15 days following the date this notice was left.
The customer can view the transport costs by continuing the ordering procedure, on consultation of his shopping cart. The transport costs shown are inclusive of tax.
In the hours following the selection and validation of the order by the customer, the customer shall be informed by e-mail that the order has been taken into account. The e-mail shall also indicate to the customer the minimum and maximum deadlines between which the order shall be dispatched.
The customer shall subsequently receive a second email from Pull-in Underwear indicating the departure of the ordered product(s) from Pull-in Underwear premises, as well as the order number. This number allows the customer to be informed of the progress of the delivery, by going to the site of Pull-in Underwear's partner, Colissimo.
Dispatch time
All of the times stated are calculated in working days.
The times indicated are averages, and correspond to the times for the customer's order to be processed, prepared and dispatched from Pull-in Underwear warehouses. They are counted from the time the order is validated.
The Colissimo delivery time must be added to these times.
If the dispatch deadline is exceeded and provided that the order is not sent from Pull-in Underwear warehouses, the customer shall be allowed to cancel the order. For this purpose, the customer shall send an email at store@pull-in.com.
For an order involving several products, the longest shipping time shall apply. However, Pull-in Underwear shall reserve the possibility of splitting the order into more than one delivery, without additional cost to the customer.
Except for special operations, all items are sent within 48 to 72 hours.
Delivery time
Except for special provisions, the products shall be delivered within the times applied by Colissimo. The customer can find these times on the site.
These delivery times are only averages. They may vary depending on the destination, and do not include public holidays or weekends.
Each delivery shall be considered complete once the product is made available to the customer by the carrier.
Reservations and Complaints
The customer has the possibility to check the deliveries on arrival, and to make any reservations and complaints that seem justified, or even refuse the package, if it is likely to have been opened, or if it shows obvious signs of damage. The aforesaid reservations must be sent to the carrier by registered letter with acknowledgement of receipt within the three working days following the delivery of the products. A copy shall then be sent to Pull-in Underwear.
In the event of defective or non-compliant products, the customer may have recourse to the procedures described in clauses 7, 8 and 9.
Clause 6. Responsibilities
Pull-in Underwear shall not be held liable for the breach of the concluded contract as a result of force majeure, and in particular in the event of a total or partial strike of the postal services and disasters caused by flood or fire.
The customer alone is responsible for the choice and purchase of a product or service. If it is impossible to use the products, either in whole or in part, as a result of hardware incompatibility or of an error made by the customer in the choice of the nature of the product, or its size or colour, this shall in no circumstances give rise to compensation, reimbursement, nor shall it entail Pull-in Underwear's liability except in the case of a hidden defect, non-conformity, imperfection, or the right of withdrawal considered in clause 7 being exercised.
In the event that an order or part of an order is not delivered, the customer has a maximum of 30 days (counting from the exit date from Pull-in Underwear warehouses) to make contact. Beyond this period, no complaints will be accepted.
Clause 7. RIGHT OF WITHDRAWAL
In compliance with clause L.121-20 and followings of the Consumer Code, the consumer has 7 working days, starting from the date of delivery of his order, to return any item that does not suit him and request an exchange or reimbursement, without having to pay penalties, with the exception of the cost of returning the goods.
If on delivery there is no-one present at the address indicated by the customer, the time for withdrawal counts from the date the non-delivery notice is signed.
The product must be returned in perfect condition, in its undamaged original packaging along with all its accessories (labels, strings, guarantees, etc.). If not, the customer shall lose any right of withdrawal.
The product return procedure must respect the procedure described in clause 8.
Exclusion
The right of return may not be exercised for all products.
For hygiene reasons, undergarments already worn (men's and women's, lingerie and socks) shall not be returned or exchanged, except in the event of a logistics error on Pull-in Underwear part (different colour or size from the order).
Return costs for withdrawals
In the event of withdrawal, the return costs are at the customer's expense. In order to track your package, Pull-in Underwear only accepts returns made by registered Colissimo (Colissimo Suivi). The sender is responsible for the risks related to the return of the product.
Reimbursement
If the customer wishes to return the purchased product(s), he must respect the procedure described in clause 8.
The return of the products shall then result in reimbursement within 30 days, strictly equal to the purchase price of the purchased product(s). The reimbursement does not include the cost of the initial delivery made by Colissimo.
Clause 8. PRODUCT RETURN PROCEDURE
Prior notification to Pull-in Underwear
Before any return, the customer must inform Pull-in Underwear that he wishes to return the product. Depending on the case of the customer, the prior notification must be given following one of the processes described below.
No product shall be returned if the customer does not respect the instructions provided in the "Returns" section.
In the event of withdrawal (as part of clause 7):
In this case the customer must inform Pull-in Underwear that he wishes to return the product by going to the www.pull-in-store.com site, clicking the Contact button and following the procedure shown.
Having informed Pull-in Underwear, the customer, respecting the conditions described on the Internet site, may then return the products.
We remind you that, in order to track your package, Pull-in Underwear only accept returns made by registered Colissimo (Colissimo Suivi).
In the event of return applying the commercial guarantee offered by Pull-in Underwear or as part of legal guarantees (see clause 9):
In this case the customer must make a prior request to the Pull-in Underwear customer service in order to obtain a return agreement number.
This request must be accompanied by:
the order form with the order number and the delivery note,
a short description of the problem encountered with the product and a photo;
your contact details
If the request is compliant, the customer shall receive a return agreement number from Pull-in Underwear.
Once the agreement is received, the customer has 15 days to return the product by registered Colissimo (Colissimo Suivi). The package will not be accepted without a return agreement number.
After reception and acceptance, following examination of the returned product(s), the customer shall be reimbursed.
Package refused/unclaimed/returned to sender
If your package is returned by Pull-in Underwear service provider for one of the following reasons:
Recipient does not reside at the address given
Package not claimed during the waiting period (15 days)
Package refused by recipient on delivery
After reception and acceptance of the return, the customer shall be automatically reimbursed.
Clause 9. WARRANTY
Pull-in Underwear warrants his customers against visible defects affecting the products, provided such defects are notified to Pull-in Underwear by registered letter with acknowledgement of receipt or email, within seven days of the delivery of the products.
Customers shall return the products to Pull-in Underwear for inspection under the procedure described in Clause 8. In the event that a customer were to return the products for any reason whatsoever without said authorisation voucher of return, Pull-in Underwear shall refuse to accept said products.
The acceptance of such products by Pull-in Underwear shall not be deemed acknowledgement of the defects alleged by the customers.
Pull-in Underwear shall subject the products to inspection after which Pull-in Underwear shall determine whether such defects exist.
In the event of the acknowledgement of said defects and subject to compliance with the abovementioned seven-day period, the warranty shall be limited to the replacement of the products and Pull-in Underwear shall not in any way be held liable for any other prejudice suffered by customers.
The above provisions shall not stand in the way of the application of the legal warranty against hidden defects. Nevertheless, the warranty against hidden defects shall not be applicable if the products concerned have suffered deterioration due to abnormal use or use contrary to the instructions for use shown on the products or on their labelling, packaging or in any other documentation dispatched with the products.
The return of defective products to Pull-in Underwear's warehouses shall be an expense borne by the customer even in the event that Pull-in Underwear acknowledges liability in regard to a visible or hidden defect.
In the event of force majeure such as war, violence, civil disturbance, strike, lock-out, fire, explosion, severe weather, etc., the performance of Pull-in Underwear's obligations shall be suspended, and in the event of definitive impediment to performance, Pull-in Underwear reserves the right unilaterally to foreclose all sales agreed by it.
Clause 10. CONFIDENTIALITY OF INFORMATION - RIGHT TO ACCESS, MODIFY, CORRECT OR DELETE DATA CONCERNING THE CUSTOMER
Pull-in Underwear undertakes not to disclose to third parties the information communicated by customers on the site. This information shall strictly be used only by Pull-in Underwear, with a view to promoting the Pull-in Underwear brand, and to informing customers about promotional operations, news and events concerning the brand.
It shall however be possible for the customer to oppose this disclosure by writing an e-mail in the Contact section of the www.pull-in-store.com site.
In compliance with the French data protection law of 6th January 1978, the customer has the right to access, modify, correct or delete data related to him.
You may also make this request to Pull-in Underwear services by writing to the address given in clause 12, or by e-mail in the Contact section of the www.pull-in-store.com site.
Clause 11. GOVERNING LAW
ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE CONSTRUCTION OR THE PERFORMANCE OF THIS GENERAL TERMS AND CONDITIONS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE FRENCH LAW.
Clause 12. ADDRESS AND DETAILS
Head Office Registered Address
PULL-IN UNDERWEAR
Pyneide Distribution
578 Avenue de Pascouaou
ZA Pedebert
40150 Soorts Hossegor
FRANCE
tél : 05 58 43 69 11
fax : 05 58 43 52 80
store@pull-in.com
RCS DAX B 431526482 – VAT Identification n: FR 95431526482
Customer Area Address
PULL-IN UNDERWEAR
Pyneide Distribution
95 rue des Vanniers
ZA Pedebert
40150 Soorts Hossegor
FRANCE
tél : 05 58 43 69 11
fax : 05 58 43 52 80
store@pull-in.com
