PREGUNTAS FRECUENTES - Términos y condiciones generales de venta a distancia

CELINE’s Unique Identification eco-organization Refashion: FR205813_11QDGK (Textiles Linen and Shoes).

CELINE’s Unique Identification eco-organization Adelphe: FR205813_01FKCM (Household packaging).

GLOBAL-E FRANCE (an SAS with share capital of 10,000 Euros, registered with the Paris Trade and Companies Register under number 818 358 459, having its registered office at 320 rue Saint-Honoré, 75001 Paris, France) (“Global-e”) is CELINE’s sales facilitation and fulfilment partner. Therefore, CELINE has an agreement with Global-e allowing Global-e to act in its own name and on the behalf of CELINE to make the CELINE products available to you for purchase from CELINE through the Website and delivery by Global-e ("Merchandise").

By visiting the  checkout (or similar) facility, operated by Global-e and residing on the Website (“Checkout”), placing an Order (both as defined below) through the Website and the Checkout, you confirm that you have read, understood and agree to the Terms of Sale and the Privacy Notice (together, “Terms”) in their entirety and you agree to be bound by them. If you do not agree to these Terms, please do not order any product or service through the Website and the Checkout. These Terms define your legal relationship with CELINE and Global-e regarding the Checkout and the placement of Orders for purchase of Merchandise (as defined below).

Please read these Terms before using the Checkout and placing an Order (as defined below) through the Checkout. Please print or save these Terms for future use as there is no warranty that they will remain accessible in future.

 “Consumer” in these Terms means an individual acting for purposes which are wholly outside that individual’s trade, business, craft or profession.

Residents of the European Union may visit http://europa.eu/youreurope/citizens/consumers/index_en.htm for additional information.

If a non-English language version of these Terms was posted or provided, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the services or the Checkout.

1. GENERAL
   1. You buy the Merchandise in your local currency and at a price that includes any applicable sales taxes (such as Value Added Tax), plus international delivery costs and fees (“Delivery Costs") and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination ("Import Charges").  Without advanced notice CELINE may, at its sole discretion, from time to time and in select territories, cover Delivery Costs and/or Import Charges, partially or fully. The Website will provide details about such offers before Checkout.
   2. You are advised that the characteristics of the Merchandise you are buying, as well as the price, Delivery Costs and (if available for pre-payment) Import Charges, shall be those displayed to you by Global-e at the Checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.
   3. Orders placed via the via the Checkout ("Order(s)") are solely reserved for Consumers, as defined by law and case law precedent, acting exclusively on their own behalf. Any Order which is obviously not a retail sale and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. CELINE reserves the right to limit the volume of a given article delivered to a single consumer or postal address. Prior to placing an Order, you represent and warrant that the purchase of the Merchandise has no direct link to commercial activity of any kind and is strictly for personal use only.

2. BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS
   1. You place the Order for selected Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and transmitting the order by clicking on the “PAY AND PLACE ORDER” button (or similar button) through the Checkout. This process permits you to check and amend any errors before making an order by using the “back” button.
   2. To place an Order, you must be at least at the age legally required under local law where you are resident to bind yourself legally to these terms. By doing so, you confirm that you meet this requirement.
   3. Once you have placed your Order, Global-e will promptly acknowledge your Order by sending you an email which will contain the relevant details of your Order. Please note, this does not constitute acceptance of your Order to buy the Merchandise – it only constitutes an acknowledgement of your Order. Your Order is not accepted (and therefore no commitment to provide you with the Merchandise is made), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted and such acceptance is notified to you by email confirming that the Merchandise has been dispatched to you ("Order Confirmation").
   4. If the payment method you selected at Checkout supports an authorisation mechanism (e.g. most credit/debit cards), when you place your Order Global-e will only authorise the applicable amounts, and you will be charged only after the Merchandise has been dispatched to you. Please note that Global-e charges the full Order amount even if the Order is dispatched in parts.
   5. CELINE and Global-e make the appropriate efforts to process and fulfil any Order as quickly as possible. However, your Order may be declined, upon notice to you if: (a) the Merchandise is unavailable (in which case, if the payment was processed, Global-e will refund you in accordance with these Terms); or (b) Global-e is unable to verify the payment information you provided.
   6. Global-e may, if it suspects someone's identity, address, email address and/or payment information is being used fraudulently or in an unauthorised manner, also require additional verifications or information before accepting any Order.
   7. CELINE and Global-e are under a legal duty to supply Merchandise that is in conformity with the contract. Furthermore, nothing in these Terms affects Consumers’ legal rights in relation to Merchandise that is not in conformity with the contract, whether because they are faulty, not as described or otherwise.
   8. You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the Website, e.g., in relation to appearance / colour / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the Website.

3. EXCHANGE RATE

Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. You will be charged according to the applicable exchange rate at the time you actually make your Order via the Checkout as displayed on the Checkout.

4. OWNERSHIP OF AND RISK IN MERCHANDISE; IMPORTER OF RECORD
   1. Ownership of the Merchandise you order shall pass in accordance with these Terms, in the dispatch country before export (where the contract for the sale of Merchandise is concluded).
   2. The ownership of the Merchandise ordered is passed to you the moment the Merchandise is dispatched to you (provided you have made full payment of the Merchandise price plus delivery charges and any other charges payable under these Terms, as applicable).
   3. Risk of damage or loss to the Merchandise passes to you on delivery to you or to somebody identified by you to carry or take possession of the Merchandise on your behalf.
   4. You will be considered the importer of record’ of the Merchandise, and Global-e will only be facilitating the importation on your behalf as your agent. You are responsible for assuring that the product can be lawfully imported to the destination, and you therefore need to comply with all applicable laws, regulations, certifications and rules of the destination into which you import the Merchandise. Please note the standard for using the Merchandise in the destination BEFORE ordering. Merchandise ordered to a territory with different standards cannot be returned for this reason and neither CELINE nor Global-e accept any liability for any circumstances which may arise for purchasing an item without the correct standards for your territory.
   5. Please note that documentation such as user manuals, product care and handling instructions and safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Merchandise or parts thereof; the Merchandise (and accompanying materials) may not be designed in accordance with the standards of the destination to which you order, product regulations, specifications or labelled in  accordance with the requirements applicable in the destination or in your or the destination language.
   6. You agree that you will not re-export or re-sell any Merchandise purchased by you via the Checkout.

5. FULFILMENT, HANDLING AND DELIVERY OF ORDERS
   1. You acknowledge and agree that Global-e or one of its third-party fulfilment services providers acting on its behalf, including CELINE (each a "Fulfilment Provider") may handle the delivery and fulfilment of your Order, and that Global-e has sole discretion as to the Fulfilment Provider it chooses to use.
   2. Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address.
   3. Delivery will be complete when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay customs duties).
   4. Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the webstore) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances. Delivery timeframes are affected by your delivery address and the delivery method selected. CELINE and Global-e are unable to specify an exact delivery date and time.
   5. CELINE and Global-e have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond their reasonable control and where they could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Global-e and CELINE control, or delays resulting directly from your actions or omissions.
   6. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you have selected a delivery method that does not require a delivery to be signed for and nobody is available to receive the Merchandise, we reserve the right to leave them at the doorstep, hall or reception as available.

6. PAYMENT METHODS
   1. You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include Global-e identified as ‘Global-e’ and will substantially look like this: **Global-e//merchant** or **Global- e//Merchant**.
   2. You acknowledge and agree that: (i) Global-e, or one of its third party payment processors ("Payment Processor"), will charge you through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Global-e may use the tools, software or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Global-e or CELINE charges or fees, and neither have control over this nor does Global-e have  any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Global-e also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Global-e commitment is to acquire the amount set at Checkout in your local currency.

Depending on your geography, payment may be routed through Global-e Australia Pty Ltd., Global-e’s affiliate.

1. 3. Payment by Invoice with Klarna: In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase goods using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and CELINE and Global-e accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your goods using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use of your personal information. Global-e and CELINE shall have no responsibility for their use of your personal data.

7. IMPORT CHARGES
   1. For certain delivery destinations and/or Merchandise, you may be offered the option to pre-pay applicable Import Charges, which will then be calculated and included in the final price when you place an Order. You acknowledge that such Import Charges are set by the delivery destination and therefore may vary.
   2. In the event that the option to pre-pay applicable Import Charges is available for you and you choose to pre-pay such Import Charges, your final price will be fully guaranteed by Global-e, and Global-e will be fully responsible for paying the actual Import Charges as will be determined by your delivery destination upon import of your Order.
   3. Global-e may contract with a local licensed customs broker in the destination. Agreement to these Terms serve as an authorisation for the applicable customs broker to act as your agent to: (a) conduct transactions with the local applicable authority, (b) execute related documents on your behalf in connection with the import of Merchandise in your Order, (c) facilitate the payment of applicable Import Charges; and (d) if applicable, return such Merchandise to Global-e or CELINE (subject to these Terms). However, you acknowledge that, in the case of a return of Merchandise under the returns policy below, you (and not CELINE or Global-e or anyone on its behalf) will be fully responsible for claiming back such Import Charges from the applicable tax authority, to the extent possible, and CELINE and Global-e shall have no responsibility or liability in connection with such claim.
   4. You may decide not to pre-pay the Import Charges at Checkout, or the option to pre-pay Import Charges may not be available for your delivery destination or the Merchandise. In such cases (i.e. where pre-pay doesn’t apply): (a) you are advised that the amount of Import Charges displayed under the pre-pay option on the Checkout may not reflect the actual Import Charges payable by you as determined by your delivery destination’s relevant authority, which may be more or less than such estimate; and (b) you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or return or a return of Merchandise, to the extent permitted in the these Terms) as determined by the authorities of the delivery destination, and CELINE and Global-e shall have no responsibility or liability in connection with the foregoing.
   5. If you elected not to pre-pay Import Charges, or failed to pay Import Charges, or refused to accept Merchandise not in accordance with a due cancellation procedure under these Terms, in each case resulting with the Merchandise being returned or need to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you. Global-e may also charge you with additional direct or indirect charges resulting from said failure or refusal. Global-e may, if that is in accordance with these Terms, reimburse and refund you for the cost of the Merchandise, but not the import charges which may or may not be reimbursable by the relevant authority.

8. CANCELLATION RIGHTS (EXCLUDING FAULTY MERCHANDISE)
   1. You have a right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms.
   2. The “cooling-off” cancellation period will expire after 14 days after the day of delivery. If you have ordered several products during one Order, or the products have been delivered in several stages, the “cooling-off” cancellation period will not begin until you have physically taken possession of the last product or the last part of the delivery.
   3. To exercise the right to cancel, you must inform CELINE of your decision to cancel your Order by a clear statement. Such statement can be made through the help centre portal available here . You can also use the cancellation form provided at the end of these Terms of Sale. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
   4. There is NO right to cancel Orders for the supply of:
      • goods made to your specifications or which are clearly personalised;
      • goods liable to deteriorate or expire rapidly.
   5. You lose the right to cancel Orders for the supply of:
      • sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
   6. If you do have the right to cancel, the following instructions apply:
      • If you duly cancel, Global-e will reimburse to you all payments received from you, including the Delivery Costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by Global-e).
      • You must return the articles delivered in their original packaging, complete (boxes, accessories, protection, labels, booklets, etc.). For footwear, the sole must also be intact: trying on shoes while standing on carpet or rugs is therefore highly recommended. Articles returned incomplete, worn, damaged, deteriorated, dirtied or in any other state that could reasonably suggest that they have been used or worn will not be refunded.
      • Global-e will refund you within 14 days from receipt of your cancellation, but Global-e can delay refunding you if the Merchandise or evidence that you have returned the Merchandise have not been received by Global-e or CELINE. Global-e will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

Depending on your geography, when payment was routed through Global-e Australia Pty Ltd., Global-e’s affiliate, refund shall be made accordingly.

1. 7. You shall send back the goods or hand them over us, as per the instructions provided to you through the help center portal (available here) when you make your request. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The deadline is met if you send back the goods before the period of 14 days has expired.

Title and risk to the returned Merchandise will not be taken back or assumed until it physically arrives back to the returns facility.

1. 8. From time to time, in select territories, and at CELINE and Global-e’s sole discretion, the transportation costs of returning the goods may be covered on your behalf (“pre-paid”). Such coverage (or the absence of it), will be indicated clearly on the Website before Checkout. If you have paid Import Charges in connection with your Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your destination, (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination, and c) Global-e and CELINE cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request Global-e may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges, and for such purpose you hereby give Global-e a power of attorney to act in your name to try and obtain such reimbursement (however this power of attorney is a guarantee that such reimbursement will be successful).

9. LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANDISE
   1. For Merchandise shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. If warranty is valid and not limited and if you reside in the EEA and you purchased your Merchandise in the EEA, the warranty period is two (2) years from the date of purchase. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 99/44. These rights are not affected by this limited warranty.

1. 2. Under French law, we are obliged to provide the following information (but compulsory local rules may also apply).
      • Legal warranty of conformity

           Article L. 217-4 of the French Consumer Code: “The seller must deliver goods in compliance with the contract and must be liable for any conformity defects existing at the moment of delivery. The seller must also be answerable for any conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been produced under its supervision”.

           Article L. 217-5 of the French Consumer Code: “To be compliant with the contract, the product must:

           1) Be suitable for the purpose usually associated with a similar item and, if applicable:

           - match the description given by the seller and possess the qualities indicated to the Purchaser in the form of a sample or model,

           - have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including in advertising and labelling,

           2) Or have the features defined by mutual agreement between the parties or be suitable for any special use sought by the Purchaser, as disclosed to the seller and accepted by the latter”.

           Article L. 217-12 of the French Consumer Code: Any action based on the lack of conformity is time barred two years after delivery of the goods.

• • • Warranty against hidden defects

           Article 1641 of the French Civil Code: “The seller is bound by a warranty regarding hidden defects in the sold item that render it unfit for the use for which it was intended, or that hinder this use, such that the Purchaser would not have bought it, or would have paid a lower price, had these been known”.

           Article 1648 of the French Civil Code: “Any action resulting from critical defects must be brought by the purchaser within two years following discovery of the defect. In the case defined in article 1642-1, in order not to be time-barred, the action must be brought in the year following the date on which the vendor can be released with regard to any apparent defects or points of non-compliance”.

           In the context of the legal warranty against hidden defects, CELINE, at your discretion, hereby undertakes, after an assessment has been made of the defect:

           - Either to refund to you the entire cost of the returned article,

           - Or to refund to you part of the price of the article if you decide to keep the article.

• • • Exclusions from the warranty

           Articles that have been modified, repaired, integrated or added by you are excluded from the scope of the warranty. The warranty will not apply for obvious defects. The warranty will not cover articles damaged during transportation or by incorrect use.

• • • Enforcement of legal warranties

When you take action pursuant to the legal conformity warranty, you:

• have a period of two years starting from the date of delivery of the article in which to act,
• may choose between the repair or the replacement of the article, subject to the conditions regarding cost set out in article L. 217-9 of the French Consumer Code,
• are released from the obligation to provide evidence of the existence of the article’s conformity defect.

           The legal conformity warranty applies independently from any commercial warranty that may be agreed by CELINE.

           Finally, you may decide to enforce the warranty against hidden defects in the product sold pursuant to article 1641 of the French Civil Code. In this case, you choose between the cancellation of the sale and a reduction in the sale price, in accordance with article 1644 of the French Civil Code.

1. 3. If any Merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make CELINE aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform CELINE as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

10. LIABILITY
    1. Nothing in these Terms shall limit or exclude our liability to you:
       • for death or personal injury caused by our negligence;
       • for fraudulent misrepresentation;
       • for breach of any term implied by applicable consumer rights legislation and which, by law, may not be limited or excluded;
       • for any other liability that, by law, may not be limited or excluded.
    2. Global-e and CELINE will not be responsible for any loss or damages incurred by unauthorised use of your payment card on the Checkout, and Global-e and CELINE are not responsible for notifying your card issuer or any law enforcement authority in these instances.
    3. You must give Global-e and CELINE a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.
    4. CELINE cannot guarantee that the Website will be uninterrupted or error-free and Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. Global-e and CELINE are entitled without notice and without liability to suspend the Website or the Checkout for repair, maintenance, improvement or other technical reason.
    5. Global-e and CELINE shall not be held liable, if and in so far as they cannot fulfil their obligations as a result of force majeure events.

11. INTELLECTUAL PROPERTY RIGHTS
    1. Any access or use of the Checkout for any reason other than your personal, non-commercial use is prohibited. You further acknowledge that any other use of the material and content of this Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
    2. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors.
    3. You may print off one copy, and may download extracts of any page from this Checkout for non- commercial, personal use.

12. GOVERNING LAW AND DISPUTES
    1. These terms shall be governed by French law, or other applicable laws in case such laws prevail French laws.
    2. You agree that any dispute between you and CELINE or Global-e regarding these Terms or any Order will only be dealt with by the French courts, except that if you live in a destination (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than France, you can choose to bring legal proceedings either in the destination or in France, but if Global-e or CELINE bring legal proceedings, they may only do so in the destination.
    3. The European Commission offers a platform for online dispute resolution (ODR) which provides information about alternative dispute resolution which may be of interest. Please refer to http://ec.europa.eu/consumers/odr/.

13. MISCELLANEOUS
    1. All notices may be sent to you by electronic means such as email to the most recent email address you have supplied (unless otherwise stated in these Terms).
    2. Headings used in these Terms are for information and not binding.