General terms of Sales
1. Identification of the Company
PRIVATE OUTLET, a "société par actions simplifiées" (simplified stock company) with capital of 38,000 €. The company headquarters are situated at 5 rue de Landy – 93210 La Plaine ST DENIS, registered to the Register of Businesses and Companies (“registre du commerce et des sociétés”: RCS) at Bobigny under the n° B 492 978 580, proposes a service of private and event on-line sales of brandnames products benefiting from significant discounts compared to store prices (hereinafter the "Products"). These sales take place on www.privateoutlet.com that is accessible from several countries of the European Union.
The prices, technical descriptions, photographs and references of the Products put up for sale by the Company are included on the Company's site.
2. Adhesion to these General Terms and Conditions
These general sales terms and conditions are available on the Company's site before the confirmation of the order. The customer declares that he/she is aware of the following conditions before placing an order for Products. As a result, the act of placing an order implies, from the purchaser, a formal adhesion, fully and without reservation to these general sales terms and conditions.
The Company may legally make changes, at any moment, to these general sales terms and conditions. The applicable general terms and conditions shall be those in force at the time the order is received.
The Products placed on sale by the Company are intended solely for end consumers and solely for their personal needs. The customer is forbidden any resale of Products acquired. In case of the customer's non-compliance with these commitments, he/she shall assume sole and full liability for the damages arising from such actions.
3. Applicable law
The applicable regulations to the proposed sale are those concerning distance selling in force in France today. The Company summarises below the main terms for the customer.
4. Recording the order
PRIVATE OUTLET's Internet site allows the customer to check the content of his/her order and, if necessary, to modify it and then confirm it definitively.
Thus, the order shall only be definitively registered after the final validation of the summary screen of the order. This final "click" is equivalent to the handwritten signature mentioned in article 1341 of the French Civil Code, hereinafter named as the "acceptance click". As of the "acceptance click" mentioned above, the order is deemed to be irrevocable and may only be challenged in the cases specifically defined below.
The information relating to your order is subject to automated data processing, which is the responsibility of SOGENACTIF. The purpose of this automated data processing is to define a level of analysis for a transaction and to fight against credit/debit card fraud.
SOGENACTIF and PRIVATE OUTLET are the recipients of the data relating to your order. Without the necessary dada concerning your order, we can not analyse or processed your transaction.
Payment failure arising from a fraudulent use of a credit/debit card shall relate details concerning your order to this payment failure and register it in a payment incident file put in place by SOGENACTIF. An incorrect declaration or an error may also be subject to specific processing.
In accordance with the French "Loi Informatique et Libertés" (the law on data protection and civil liberties) of 6 January 1978, you have the right at all times to access, correct or object to all your personal information by sending a letter about this, including proof of your identity, to PRIVATE OUTLET, 5 rue du Landy - 93210 La Plaine Saint Denis.
5. Order confirmation and tracking
Following the definitive recording of the order placed, a confirmation e-mail is sent to the customer. By keeping this e-mail and/or printing it, the customer has proof of his/her order, which the Company recommends he/she keeps.
Warning: this e-mail is confirmation that the customer's order has been recorded by the Company, not that the Product ordered is available.
In the case of a stock shortage, the Company shall contact the customer within 10 working days following the sending of the confirmation e-mail in order to offer him/her either a new time scale for receiving the Product, or a replacement Product, or the cancellation of the order and the reimbursement.
6. Prices, payment and billing
The prices of the Products are given in Euros including taxes, not including delivery charges. The delivery charges, shown in article 7.1 of these general terms and conditions, are to be paid by the customer.
Any change in the VAT rate shall be automatically applied to the prices of the Products.
Payments will be made by Bank Card or Paypal when finalizing the order. The invoice for the Product shall be available to the customer in his/her order tracking area on the site as soon as the package is dispatched.
7. Delivery charges and delivery times
7.1. Delivery chargesThe Products ordered shall be delivered to the address indicated by the customer. The latter is responsible for the address indicated in his/her order and for the Product being received properly.
The delivery charges are to be paid by the customer, except in the case specifically defined in article 10.
7.2. Delivery times
Except in cases of force majeure, the delivery is within 30 days and subject to stock availability. Delivery times are counted from the day following the day when the order was recorded.
8. Geographic area covered by the offer and geographic area for delivery
The Products placed on sale by the "Company" are offered and delivered to customers resident in metropolitan France, Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom.
9. Verification of the products delivered and complaints
The customer is bound to check the condition of the packaging and the conformity of the Product delivered.
Any complaint regarding noticeable flaws or the non-conformity of the Product delivered should be reported by the customer within the three working days from the date the customer receives the Product, by sending:
- either a registered letter with advice of delivery to: PRIVATE OUTLET, 5 rue de Landy 93210 La Plaine Saint Denis France;
- or an e-mail via the contact form in the category of the website "Contact us" .
If no complaint is made within the specified period, the Products delivered shall be deemed to be in conformity and accepted by the customer.
10. Cooling-off period
The cooling-off period granted to the customer on the purchase of goods, under the terms of the law, is 7 (seven) days from the date his/her order is received. During this period, the customer may return the undesired Product(s), at his/her own expense and with no other penalty charges.
It is acknowledged that the Product(s) returned at the customer's expense should be in its (their) original condition and packaging, as delivered by the Company.
No Product may be reimbursed before having been returned by the customer and received by the Company, in its original condition and packaging, as delivered by the "Company".
11. Guarantee and after-sales service
Whatever the reason, the customer benefits from the guarantee against hidden defects: thus, in the case in which a Product has a manufacturing flaw that makes it unfit for use, the customer may contact the Company's after-sales service:
- either be sending an e-mail via the contact form on the page "Contact us".
- by sending a registered letter with advice of delivery to PRIVATE OUTLET at 5 rue de Landy 93210 La Plaine Saint Denis, France.
All the Products marketed by the Company benefit from a standard guarantee against hidden defects, provided by the Company's suppliers.
To benefit from this guarantee, the customer should send the Product to the Company, at his/her own expense, making sure to include the invoice. Then, the Company undertakes to send, at its expense, a Product free from hidden defects in exchange (unless there is a stock shortage).
In case of stock shortage and the impossibility for the supplier to change the Product, the customer shall be offered either a similar Product, or reimbursement for the initial Product.
12. Transaction security
In order to optimise transaction security over the Internet, an SSL (secure socket layer) on-line payment system is proposed to the customer, which enables the customer's credit/debit card number to be encrypted, with a 128-bit key.
At the same time, the guarantees given by the Company in the context of transaction security are identical to those obtained by the Company from software manufacturers.
Warning: in order to benefit from the SSL secure on-line payment method, the customer must use browsers compatible with the SSL system.
13. Retention of title
The Company expressly reserves ownership of delivered Products until full payment of their price in principal and interests. The above conditions do not preclude the transfer of the risks of loss or deterioration to the customer. In the absence of full settlement, the Company shall legally demand the return of the Products delivered at the customer's expense.
14. Personal information and promotional offers
In application of the French law no 78-17 of January 6 1978 about information technology, data files and civil liberties, the information customers are asked to provide is necessary for handling their order and is intended for use by the Company's services. The customer has the right to access data held about him or her. On request, it may be communicated to the customer and, in the case of error or modification, be corrected. The customer may also object to the information being communicated to third parties by sending a letter at PRIVATE OUTLET - 5 rue de Landy - 93210 ST DENIS - FRANCE. The Customer expressly accepts that the Company may freely transfer the aforementioned data to companies belonging to the same group as the Company.
In accordance with the French law of June 21 2004 on confidence in the digital economy, the Customer consents to receive e-mails about promotional offers, by ticking the box provided for this purpose on the Company's Internet sites at the time he/she joined on a site managed by the Company. He/she may at any time abandon the receipt of promotional offers by clicking on the link provided for this purpose in each promotional offer e-mail sent.
15. Responsibility of the "Company"
The Company declines liability for any non-compliance with its contractual obligations in cases of unforeseeable circumstances or force majeure, including, but not limited to, catastrophes, fire, internal or external strike, internal or external breakdowns or failure, and, in general, any event not allowing orders to be processed properly.
The Company also declines liability in situations where the non-execution or incorrect execution of the contract is attributable to the customer.
Whatever the reason, if the non-execution or incorrect execution of the contract is clearly attributable to the "Company", the latter may only be held liable for compensation up to the amount paid by the customer in the context of the price of the product and the shipping costs.
16. Completeness clause
These general terms and conditions and the related sections (security, payment, delivery, guarantee, after-sales service) represent all the rights and duties of the parties with respect to the orders for Products on the Internet.
No general or specific condition communicated by the customer may be incorporated in these General Sales Terms and Conditions.
