TERMS OF SALE AND CONDITIONS OF USE
FOR THE “DÉPÔT VENTE PARIS LUXE” SITE

LEGAL MENTIONS

PURPOSE OF THE SITE

The DÉPÔT VENTE PARIS LUXE site is an e-commerce site which may be accessed through the Internet. It allows the sale of a selection of items available in the shops of the DÉPÔT VENTE DU 17ème company, including women’s and men’s wear and accessories, to Internet users surfing on the site.

PUBLISHER – CONTACT

Publisher: the DÉPÔT VENTE PARIS LUXE site is produced by DÉPÔT VENTE DU 17ème, a limited-liability corporation with a capital of 8,000 euros, with head offices located at 109 rue de Courcelles 75017 Paris France, registered at the Paris Corporate and Trade Register under N° B 413 754 078.

VAT Number: FR 00 413 754 078

You may contact us directly at the company, by:

E-mail: depotvente17@wanadoo.fr

Telephone: 01 48 88 98 84. If you are calling from abroad: 00.33.1 48 88 98 84.

Postal address: 109 rue de Courcelles, 75017 Paris France, On-line sales department.

The Site is hosted by the ATTRAIT company, Parc les épiés chemin Saint-Léonard 69270 Couzon au Mont d’or France, RCS Lyon.

RESPONSIBILITY

DÉPÔT VENTE DU 17èmes sole obligation when conducting on-line sales is a general obligation of diligence. It may not be held liable for any damage resulting from the use of the Internet, such as outside intrusion, computer viruses, service interruptions, or – in more general terms – any event which the Courts would deem a case of force majeure.

INTELLECTUAL PROPERTY

All elements contained on the DÉPÔT VENTE PARIS LUXE site are and remain, the sole intellectual property of the DÉPÔT VENTE DU 17ème company.

No one may reproduce, exploit, retransmit, or use by any means whatsoever, even in part, the Site’s elements, whether visual or audio. The use of any link whether simple or hypertext, is not allowed without the express, prior consent of DÉPÔT VENTE DU 17ème. The use or exchange of any link must be subject to approval by simple request at DÉPÔT VENTE DU 17ème.

Data Protection and Privacy

The Site operated by DÉPÔT VENTE DU 17ème has been duly registered to the CNIL Comission Nationale de l’Informatique et des Libertés, or French Data Protection Authority) under N° 1287910.

As per Act 78-17 of January 6th 1978 on Data processing, Data files and Individual Liberties, the Client is hereby informed that his order shall be subjected to automatic processing of personal data. Such data allow DÉPÔT VENTE PARIS LUXE to process and execute the order.

In accordance with Act 78/17 of January 6th 1978 on Data processing, Data files and Individual Liberties, the Client may access, rectify, or contest any data concerning him, in writing, by e-mail sent to the following address: depotvente17@wanadoo.fr, or by letter sent to the following address: 109 rue de Courcelles 75017 Paris France.

As per Article 32 of Act 78/17 on Data processing, Data files and Individual Liberties of January 6th 1978, amended by the Act of 2004-80, of August 6th 2004, all data which are absolutely necessary for DÉPÔT VENTE PARIS LUXE to process and execute an order are indicated by an asterisk (*) on the pages of the Site.

All other requested data, including data which the Client may or may not wish to provide, and data concerning his interest in those offers DÉPÔT VENTE PARIS LUXE may send him, are intended to improve the level of service to the Client.

Unless the Client objects, DÉPÔT VENTE PARIS LUXE may communicate the optional data thus gathered to its business partners.

The publisher of the DEPOT VENTE PARIS LUXE site is DEPOT VENTE DU 17ème. The information the company sends to the Client, subject to the customer’s acceptance, is designed to help him know and better use the site and to allow him to take advantage of the promotional offers on the site. In strict compliance with the terms of the Act 2004-575 of June 21st 2004 “on confidence in the digital economy” and the amended Act 78/17 on Data processing, Data files and Individual Liberties.

I. GENERAL SALES CONDITIONS

DEFINITIONS

Under the terms of these General Sales Conditions, a Client shall be deemed to be any person, whether physical or moral, who orders an item sold by DÉPÔT VENTE DU 17ème on its Internet site.

The Seller of the items sold on the www.depot-vente-luxe.fr site shall be DÉPÔT VENTE DU 17ème.

OBJECTIVE AND SCOPE OF THE GENERAL SALES CONDITIONS

These GENERAL SALES CONDITIONS have been written in French and in English; their purpose is to define the rights and obligations of the Parties in the context of the online sale of the items offered by DÉPÔT VENTE PARIS LUXE.

These GENERAL SALES CONDITIONS shall apply without restriction or reserve to all items offered for sale by DÉPÔT VENTE PARIS LUXE on its Internet site, www.depot-vente-luxe.fr.

These items are : clothing, accessories, luxury fashion items, decorative objects.

Should a Client place an order on the Internet site of DÉPÔT VENTE PARIS LUXE, this shall be deemed to entail the Customer’s full acceptance of these GENERAL SALES CONDITIONS. Said Conditions are available at all times on the Internet site and, where appropriate, shall be deemed to prevail over any other version.

Barring any other evidence, the data registered by DÉPÔT VENTE PARIS LUXE shall constitute the entire evidence supporting the transactions.

The value of any document other than these GENERAL SALES CONDITIONS, and more particularly any catalogue, prospectus, advertisement or notice, shall be deemed to be purely informative and indicative, not contractually binding.

DURATION

These GENERAL SALES CONDITIONS shall apply during the entire time the items offered by DÉPÔT VENTE DU 17ÈME shall be available on line.
Capacity

The Customer recognises he has the legal capacity of subscribing to these GENERAL SALES CONDITIONS, i.e. he is of legal age, is legally allowed to enter into a contract, and is not to be under guardianship or trusteeship. The purchaser guarantees the veracity and exactitude of the data provided by him or by any member of his family.

ITEMS

1. CHARACTERISTICS

The items appearing on the DÉPÔT VENTE PARIS LUXE site are sold in compliance with applicable French laws and with standards applicable in France.

The items sold on the DÉPÔT VENTE PARIS LUXE site are items DÉPÔT VENTE DU 17ème holds as consignee, following the consignment for sale of said items by their owners.

Items sold on the DÉPÔT VENTE PARIS LUXE site are either new or second-hand.

DÉPÔT VENTE PARIS LUXE endeavours to provide accurate descriptions and presentations of the main characteristics of the items for sale on their descriptive listings, namely the shop where the item is sold, the brand, materials, size, colour, condition, etc. The article offered for sale is illustrated by one or more pictures of it.

The pictures and illustrations associated with the items on the Internet site have no contractual value; despite all the preventive measures taken by DÉPÔT VENTE PARIS LUXE, it is possible that errors might occur.

Under no circumstances, DÉPÔT VENTE PARIS LUXE should be held liable for any such occurrence.

Customers may always obtain confirmation of the information appearing on the descriptive listing of an item on sale online from the company’s sales department, by dialling 01 48 88 98 84 Tuesdays to Saturdays from 10:30 a.m. to 7 p.m. or by e-mail, by clicking on the “Contact” button of the www.depot-vente-luxe.fr site and making an enquiry.

2. AVAILABILITY

The DÉPÔT VENTE PARIS LUXE site offers for sale, on line, items consigned for sale by its Customers.
Therefore, items thus made available on line are, by nature, unique.

However, it may happen that an item made available for sale on line could simultaneously be sold on line and in the shop.

In such an event, DÉPÔT VENTE PARIS LUXE shall e-mail the Customer, as soon as possible, to inform him of the unavailability of the item ordered.

DÉPÔT VENTE PARIS LUXE willl then suggest that the Customer consult items within the same category and, if he so wishes, select another item.

PRICE

1. AMOUNT

Prices for items sold on the Internet site are quoted in euros, all taxes included, and delivery costs excluded.

The Customer shall bear the cost of the delivery of items purchased on the DÉPÔT VENTE PARIS LUXE site.

The price appearing on the order confirmation sent by the DÉPÔT VENTE PARIS LUXE site is the final price.

The payment itself will not be considered final until after receipt of funds by the company DÉPÔT VENTE DU 17ème.

All prices are given unless they are subject to obvious typographical error.

2. CONDITIONS AND METHODS OF PAYMENT

The acquisition of items sold on line by the DÉPÔT VENTE PARIS LUXE site shall be conditional upon the Customer’s payment of the price appearing on the Site.
The Customer has the option to settle his order in several ways:

 By Bank Card: Carte Bleue, VISA, Eurocard/MasterCard;


If the customer chooses the Bank Card payment, it will be directed to the secure server
of the HSBC Bank. When rule purchases by credit card, its data are encrypted during
the transaction, ensuring their complete safety. We use the protocol ELYSNET,
encryption system for secure payments online.

Once the bank has accepted the payment, the customer may return to the DÉPÔT VENTE PARIS LUXE site by clicking on the “Return” button on the
confirmation of payment page.

His order confirmation together with the purchase order will be sent to the e-mail that
the customer has indicated in the pages of order.

 By Bank Transfer:

The order will be registered and validated when the amount of the order will be credited to the account of the DÉPÔT VENTE DU 17ème online. In this case,
the customer receives an e-mail confirmation of payment authorization.

For purchases exceeding the amount of 2,000 €, the Customer will only be allowed to proceed the payment of purchases by bank transfer.

For purchases exceeding the aforementioned amount, the Customer may also carry out online bookings for articles he wishes to acquire by paying a
deposit equivalent to 10% of the price of the items reserved.

The amount of deposit paid by the Customer is immediately charged.

To avoid fraud, DÉPÔT VENTE PARIS LUXE hereby notifies his Customer that for any purchase exceeding the amount of 300 euros, it may be required to
send, using any means at its convenience, a copy of an identifying document and a proof of address, as the order may not be accepted until such elements
have been received and the data appearing thereon have been confirmed.

3. FAILURE OF PAYMENT

DÉPÔT VENTE PARIS LUXE will not be required to proceed with the delivery of any item ordered by the Customer until thereof has paid the price, in the terms and conditions mentioned above.

DÉPÔT VENTE PARIS LUXE reserves the right to refuse to make a delivery or fulfil an order from a Customer who has not paid a previous order or with whom a dispute is not resolved.

ONLINE RESERVATION

Customer may also if desired reserve online those items he wishes to acquire at the shop, by paying a deposit equivalent to 25% of the price of the reserved item(s).

The amount of deposit paid by the Customer is immediately charged.

After booking the item(s) online, the Customer will have 48 hours to go to the shop wherein the article was reserved to proceed with the payment of merchandise.

Failing to pay their purchases reserved online at the shop within the period mentioned above, the reservation will expire and the items will be offered again for sale and back online.

In case the Customer fail to purchase the items, reserved online, the amount of deposit will be retained by DÉPÔT VENTE DU 17ème.

ORDER

The languages proposed to place an order are the French and English.

The DÉPÔT VENTE PARIS LUXE site allows Customers to place his order as follows:

1. Selected article
2. Validation of the basket
3. If the Customer has no account, creation of the Customer account
4. Validation of the order
5. Choice of payment method
6. Confirmation of the order by e-mail from DÉPÔT VENTE PARIS LUXE.

Any order on the Website www.depot-vente-luxe.fr implies acceptance and agreement without restriction or qualification to these General Conditions of Sale.

Following the data entry of the order, the customer may, by reading the instructions that are given on the Site DEPOT VENTE PARIS LUXE, and before confirmation of the order, verify it and, if necessary correct it.

The order must be confirmed by e-mail containing the essential elements thereof such as the item acquired, quantity, price TTC.

The sale will be considered final after sending to the Customer a confirmation of the order by DÉPÔT VENTE PARIS LUXE and cashed by thereof the entire amount of the price.

In the absence of confirmation e-mail issued by DÉPÔT VENTE PARIS LUXE, the order has not been taken into account. It is therefore up to Customer in all cases to ensure proper receipt of e-mail confirmation.

DELIVERY - TRANSPORT

1. PERIOD

The items purchased online by the Customer will be delivered to the address provided by the Customer at its order on the website within a maximum period of 8 days for the Metropolitan France and 15 days for foreign or for outside of Metropolitan France, including Corsica, from the order confirmation by DÉPÔT VENTE PARIS LUXE.

Deliveries are performed at the Customer choice, either by CHRONOPOST, La Poste COLLISSIMO or TNT.

DÉPÔT VENTE PARIS LUXE undertakes to make its best efforts to ensure that the items ordered by the Customer will be delivered within the specified aforementioned periods.

These periods are intended as a guide and any overrun will not give rise to any damages, retention or cancellation of the order by the Customer.

However, if the items ordered were not delivered within 8 days in France, and 15 days abroad after the indicative date of delivery, for any other reason that the force majeure, the sale may be resolved to the written request of the Customer or from DÉPÔT VENTE PARIS LUXE.
Any amounts paid by the Customer will then be refunded without delay, excluding any indemnity or withholding.

Delivery is deemed to have been made, upon the surrender of the ordered items, by DÉPÔT VENTE PARIS LUXE to the carrier.

Therefore, the items travels at the risk of the Customer, even if the order is addressed to another recipient.

In any event, should a package not have been received within the estimated period, the Customer can contact the Customer Service department by telephone, at 01.47.63.33.24, or by sending an e-mail to the following address “depotvente17@wanadoo.fr”. The Customer Service department will endeavour to determine the reason for the delay and to so inform the Customer.

2. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of items for sale on the Website DÉPÔT VENTE PARIS LUXE to the Customer, will be made only after full payment by the latter, regardless of the date of delivery of such items.

However, the transfer of risk of loss and of deterioration of articles from DÉPÔT VENTE PARIS LUXE will be implemented when delivery of items to the carrier.

3. PLACE OF DELIVERY

The carrier delivers to the address provided by the Customer.
In case of absence, and depending on transport arrangements chosen by the customer, the carrier will leave in the mailbox a notice of passage with a service phone number to contact to provide a second delivery, or an indication the need to visit the Post Office to remove the object. The costs of the new delivery will be charged to the Customer.

4. RECEPTION

The Customer acquires the items in the condition indicated in the description of the article.

The condition of the item for sale is mentioned under the following description:
* LIKE NEW: these items appear to be new and show no defect.
* EXCELLENT CONDITION: these items have been used very little and remain flawless.
* VERY GOOD CONDITION: these items have been very little used and still have a very good appearance. They can present some little apparent defects.
* GOOD CONDITION: these items have been often used, but they still have a good aspect. They may have defects of use.

Customer acknowledges therefore to have acquired the article in the condition of its description in the sheet covering it.

5 CLAIMS

The Customer may submit its claims about the possible missing or error in the article delivered within three days of its receipt by e-mail or by contacting DÉPÔT VENTE PARIS LUXE.

In the case of missing articles or error, DÉPÔT VENTE PARIS LUXE will ensure the delivery of any replacement or rectification of the error in the briefest possible time, and shall bear the expense thereof.

In case of a mistake in the delivery of the item delivered proven by DEPOT VENTE LUXE PARIS, Customer shall send the article to the address listed on the site www.depot-vente-luxe.fr, the corresponding expenses being borne by DÉPÔT VENTE PARIS LUXE.

RIGHT OF RETRACTION

In accordance with articles L 121 - 20 of the Consumer Code, if the customer is a consumer he has a period of seven days to exercise its right of withdrawal without having to justify reasons or to pay penalties Except, if any, the charges that remain back at its own expense.

The period referred to in the preceding paragraph run from the delivery of products.

To exercise its right of retraction, the Customer must first contact Customer Services by e-mail, placing the legend “Return Request” as the e-mail header. Customer Services will provide to the Customer a return number.

The item must be returned to DÉPÔT VENTE PARIS LUXE in a condition which is appropriate for its resale, i.e. complying with the following return conditions:

- Exact original condition
- No sign of use
- Perfect operating condition
- If the item was packaged, return of the item in its original packaging, which must be intact,
- Return of all accessories that were attached,
- Restitution, if any, of the leaflet, guarantees or other documents which are accessories article delivered.

The items must bear the return number provided by DÉPÔT VENTE PARIS LUXE and include the sales invoice which shall previously have been printed on the Site.

Risks corresponding to the return of the product, for whatever reason, shall be borne by the Customer.

In case of exercising the right of return in accordance with the conditions set forth herein, the customer will be offered an exchange with a similar article if there is a refund within thirty days following the date on which the right has been exercised.

WARRANTY

DÉPÔT VENTE PARIS LUXE offers no after-sales service for items sold.

RESPONSIBILITY

DÉPÔT VENTE PARIS LUXE will not be held responsible for any failure or delay resulting from a case of force majeure, as generally recognised by the French law.

APPLICABLE LAW

All clauses contained in these Conditions of Sale, as well as all transactions of purchase and sale referred to therein, will be submitted to French Law.
TERMS OF SALE AND USE

In the event of a dispute, the French courts shall have sole jurisdiction.

II. SITE USE CONDITIONS

USE OF THE SITE

The Site is available for use on an “as-is” basis, and may only be accessed depending on its availability. DÉPÔT VENTE PARIS LUXE shall assume no liability whatsoever if, due to Site maintenance operations or for reasons beyond its control, a visitor cannot access the Site or if access to the Site is interrupted at any time, thus impeding the conclusion of an operation.

MODIFICATIONS TO THE SITE

DÉPÔT VENTE PARIS LUXE can modify any aspect of the Site or its contents, including the availability of the Services, its characteristics, information, data or contents.

MODIFICATIONS OF THE TERMS OFALES AND USE

DÉPÔT VENTE PARIS LUXE reserves the right to modify or update these Terms of Sale and use of the site at any time, without any notice. The applicable version of these Terms of Sale and use of the site is posted on the Site of the date on which an amendment becomes effective.

The visitor’s continued use of the Site, once a modification to the Terms of Sale and use of the site has occurred, constitutes acceptance by the user of this amendment, it being understood that the version of the Terms of Sale and use of the site applicable to the purchase of an item through the Site shall be the one in effect on the date of the Customer’s order, to which he has expressly agreed.