Terms of sale

ARTICLE 1 – SELLER’S DETAILS
These are the General Terms and Conditions of Sale for ALAINPAUL STUDIO SARL, Société à Responsabilité Limitée under French law, whose registered office is at 150 avenue Parmentier, 75011 Paris, France, registered in the Paris Trade and Companies Register under number SIRET 95278700000019, with VAT number FR29952787000.

ARTICLE 2 – ENTIRE AGREEMENT
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions of Sale”) set out all obligations between the parties. The Customer is therefore deemed to fully accept all the provisions of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply exclusively to all sales made on the website www.alainpaulstudio.com (hereinafter the “Site”). They will take precedence over any other document. ALAINPAUL STUDIO SARL (hereinafter “ALAINPAUL STUDIO” or the “Seller”) and the Customer agree that these General Terms and Conditions of Sale shall govern their relationship.

The ALAINPAUL STUDIO creations (hereinafter the “Products”) are intended solely for end customers who are natural persons or non-professional legal entities (hereinafter the “Customers”), excluding all resellers or third parties acting on behalf of resellers. The Customer therefore confirms that they are acting as an end consumer and that they do not intend to resell the Products for commercial purposes.

The Seller reserves the right to amend the General Terms and Conditions of Sale at any time, such amendments taking effect as soon as they are published online. Should a selling condition not be expressly covered herein, it shall be deemed governed by the current practices in the distance selling sector.

ARTICLE 3 – CONTENT
The purpose of these General Terms and Conditions of Sale is to set out the rights and obligations of the Parties in the context of online sales of ALAINPAUL STUDIO creations (clothing, accessories, shoes, bags, unique pieces, etc.) offered by the Seller through the Site.

The Customer confirms that they have read and accepted the General Terms and Conditions of Sale at the time of placing an order. The General Terms and Conditions of Sale are enforceable against the Customer in accordance with Article 1119 of the French Civil Code.

ARTICLE 4 – PRE-CONTRACTUAL INFORMATION
The Customer acknowledges that, before placing their order and entering into the contract, they have been clearly and comprehensibly informed of these General Terms and Conditions of Sale and of the following: the essential characteristics of the Products; their price and any applicable delivery charges; estimated delivery times; the Seller’s identity; the terms of payment; and the procedures for returns, exchanges, and complaints.

ARTICLE 5 – PLACING AN ORDER
Any order placed on the Site implies express acceptance of these General Terms and Conditions of Sale, as well as acceptance of the prices and Products available for sale on the Site.

Order process
The Customer wishing to place an order must follow the procedure below:

• Product selection: the Customer selects the Product(s) they wish to order.

• Review of selection: the Customer confirms the contents of their basket and retains the right to remove or amend their selection.

• Identification: the Customer may create an account by filling out the registration form and providing the requested information (mandatory fields include surname, first name, address, e-mail, password, and telephone number for delivery). However, creating an account is not required to place an order, and the Customer may proceed in guest mode if preferred.

• Order verification: the Customer reviews their order, the total price, and the delivery and billing addresses, retaining the ability to amend these details before final confirmation. The Customer also confirms the delivery and payment methods.

By placing an order, the Customer confirms their acceptance of these General Terms and Conditions of Sale. After payment has been confirmed, the Customer can no longer amend or cancel their order.

Order confirmation

• Acknowledgment of receipt: once the order is placed, the Customer receives an e-mail summarizing the contents of their order, including delivery and billing addresses, the order number, the order date, the list of Products ordered and their quantities, and the delivery method. This e-mail serves as official proof of the order, which is then recorded and processed by ALAINPAUL STUDIO. Availability of the Products ordered is checked at this stage.

• Confirmation of dispatch: once the order has been shipped, the Customer receives an e-mail confirming dispatch. The contract is deemed concluded on the date this e-mail is sent.

If a Product ordered is unavailable, it will not be shipped, and the Customer will be refunded the corresponding amount within fourteen (14) days.

Order management
In the event of non-payment or any issue with the Customer’s account, the Seller reserves the right to suspend or cancel the order until the issue has been resolved. Where applicable, the order will be canceled and refunded.

To track an order, the Customer may consult the tracking page available in their customer account or contact ALAINPAUL STUDIO Customer Services via e-mail at: eshop@alainpaulstudio.com.

ARTICLE 6 – ELECTRONIC SIGNATURE
The Customer’s disclosure of their bank card details online, together with the final confirmation of the order, shall constitute proof of the Customer’s commitment to:

• pay the full amounts due in respect of the order, and

• their signature and express acceptance of all operations carried out.

ARTICLE 7 – PROOF OF PURCHASE
The electronic records kept in the Seller’s computer systems under reasonably secure conditions shall be considered valid proof of communications, orders, and payments between the Parties.

Orders and invoices are archived by ALAINPAUL STUDIO in a reliable and sustainable manner and may be produced as evidence if necessary.

ARTICLE 8 – PRODUCT INFORMATION
The Products governed by these General Terms and Conditions of Sale are the ALAINPAUL STUDIO creations (clothing, accessories, bags, shoes, unique pieces, etc.) presented on the Site and indicated as available for sale and shipment by ALAINPAUL STUDIO. They are offered within the limits of available stock. ALAINPAUL STUDIO cannot be held liable in the event of stock shortages or unavailability of Products listed on the Site. The Seller reserves the right to modify the selection of Products offered on the Site at any time, without prior notice.

To ensure fair access to its creations, ALAINPAUL STUDIO may limit the quantity of Products purchased by a single Customer, in accordance with applicable provisions, and particularly Article L.121-11 of the French Consumer Code.

In accordance with this article, the Seller also reserves the right not to accept an order from a Customer with whom there is an existing dispute concerning a previous order, if the Seller reasonably believes the Customer has breached these General Terms and Conditions of Sale, is engaged in fraudulent activity, or for any other legitimate reason.

The Seller may also be obliged to cancel an order if an obvious material error has occurred in the display of a Product’s price. For example, a Product listed at a manifestly incorrect price, significantly lower than its actual retail price, may not be legitimately contested by the Customer in good faith.

While every effort is made to ensure that the photographs and graphic representations of the Products displayed on the Site are faithful to the originals, variations may occur due to technical limitations, including color rendering on the Customer’s equipment. ALAINPAUL STUDIO shall not be held liable for such minor inaccuracies or non-substantial variations.

ARTICLE 9 – PRICE
The Seller reserves the right to amend its prices at any time but undertakes to apply the prices in force at the time of order confirmation, subject to availability of the Products.

Depending on the country of delivery, prices may be displayed as follows:

• All taxes included, taking into account the VAT rate applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the prices.

• Excluding taxes, with applicable taxes and customs duties to be paid at checkout.

• Excluding taxes, with applicable taxes and customs duties payable upon delivery.

When placing an order, the Customer will always be informed of the applicable pricing terms for their selected country of delivery.

Delivery charges are invoiced separately and are clearly indicated before the Customer confirms their order.

The full price must be paid at the time the order is placed. Under no circumstances may the amounts paid be considered deposits or advance payments.

If one or more taxes or contributions (including environmental taxes) are created or amended, whether increased or reduced, this may be reflected in the final sale price of the Products.

If certain Products ordered are unavailable, only the price and applicable delivery charges relating to the Products delivered shall be debited.

The Customer may choose from any of the payment methods made available by the Seller at the time of purchase. The Customer guarantees that they have the necessary authorizations to use the chosen method of payment.

The Seller reserves the right to suspend the processing or delivery of an order in the event of refusal of payment authorization by accredited financial institutions or in the event of non-payment. The Seller further reserves the right to refuse to honor an order from a Customer who has not paid in full or with whom a payment dispute is ongoing.

The Seller may cancel an order in the event of suspected fraud.

For payment by bank card, the Customer’s card is only debited once the order has been dispatched. Payments will not be considered final until the Seller has actually received the amounts due.

ARTICLE 11 – PRODUCT AVAILABILITY – REFUND – TERMINATION OF CONTRACT
Product offers and prices are valid while they remain visible on the Site and subject to available stock.

Except in cases of force majeure or temporary closure of the Site (clearly indicated on the website), delivery times correspond to those communicated when the order is placed. These times begin from the processing date indicated in the order confirmation e-mail.

The Seller reserves the right not to accept an order from a Customer with whom there is a dispute regarding a prior order, or if the Seller reasonably believes the Customer has breached these General Terms and Conditions of Sale, engaged in fraudulent activity, or for any other legitimate reason.

If a Product ordered is unavailable, the Customer will be refunded the amount corresponding to that Product. Refunds are made within fourteen (14) days.

ARTICLE 12 – DELIVERY TERMS
Preparation and dispatch costs are borne by the Seller and delivery costs are borne by the Customer unless the Seller offers the delivery costs (this offer can be limited in time and minimum order amount in value or in quantity and should be identified on the Site). The delivery charges applicable to an order are always communicated to the Customer before confirmation and appear on the invoice.

The Seller cannot be held liable for any actions, costs, taxes, or delays caused by customs authorities, which remain the sole responsibility of the Customer.

Delivery corresponds to the transfer of physical possession of the Products to the Customer. Products are delivered to the address provided by the Customer when placing the order, and the Customer is responsible for ensuring the accuracy of this information.

Upon delivery, the Customer must verify the condition and conformity of the Products before signing the delivery slip. Once the delivery slip is signed, no further claims regarding the condition of the parcel will be accepted. If the original packaging is damaged, torn, or opened at the time of delivery, the Customer must check the condition of the Products inside and refuse the parcel if any items are damaged.

If delivery exceeds the estimated timeframe, the Customer may not cancel the order, reduce the price, or claim damages. However, if delivery has not taken place within thirty (30) days after the maximum estimated delivery date, the Customer may request the cancellation of the order free of charge by contacting Customer Services at eshop@alainpaulstudio.com. Any sums paid will then be refunded.

If delivery fails due to an incomplete or incorrect address, a refusal by the recipient, or missing information preventing successful delivery, the Seller cannot be held liable. In such cases, the delivery will be subject to the carrier’s own general terms and conditions.

If Products are returned to the Seller, they must be sent back within fourteen (14) days of delivery in their original condition. Any request submitted after this period will not be accepted.

ARTICLE 13 – NON-COMPLIANCE OF PRODUCTS
Products sold by ALAINPAUL STUDIO are covered by the legal warranty of conformity as provided by Articles L.217-4 to L.217-14 of the French Consumer Code, and the warranty against hidden defects under Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties.

Claims relating to Products used improperly will not be accepted.

The Customer must inspect the received products within 48 hours after reception and, in case of non-conformity, error, or defect, a claim should be submitted by the Customer by email to Customer Services at eshop@alainpaulstudio.com. The Seller will then share the return instructions by email. Claims submitted after this period will be rejected.

Any claim not submitted in accordance with these conditions will be rejected and will release the Seller from any liability toward the Customer.

In the event of a non-conformity, the Product to be refunded or exchanged must be returned in its original packaging and in perfect condition to the address indicated in the return instructions received by email.

In case of non-compliance of products, the delivery costs of the return, as well as customs duties, local taxes, import fees, or any other type of costs related to the return shipping are borne by the Seller.

ARTICLE 14 – TRANSFER OF RISK
Transfer of ownership of the Products, as well as the related risks of loss or deterioration, shall only take place once the Seller has received full payment, regardless of the delivery date. The Products therefore travel at the Seller’s own risk.

However, from the moment the Products are delivered to the address specified when placing the order, the Customer assumes all risks relating to the Products, including in particular loss, theft, or deterioration.

ARTICLE 15 – PRODUCT WARRANTY
15.1 – Legal warranty of conformity
The Seller guarantees that the Products delivered conform to the contract and are free from defects of conformity at the time of delivery, in accordance with Articles L.217-4 to L.217-14 of the French Consumer Code. Products are deemed fit for the purposes usually expected of similar goods and to have the characteristics agreed upon at the time of sale.

15.2 – Legal warranty against hidden defects
The Seller also guarantees against hidden defects within the meaning of Articles 1641 to 1648 of the French Civil Code. A hidden defect is defined as a fault that renders the Product unsuitable for its intended use, or that diminishes its use to such an extent that the Customer would not have acquired it, or would have acquired it at a lower price, had they known of the defect.

These warranties apply if the Customer submits a claim within:

• Forty-eight (48) hours from delivery in the case of lack of conformity.

Any lack of conformity that appears within forty-eight (48) hours of delivery is presumed to have existed at the time of delivery, unless proven otherwise.

ARTICLE 16 – RIGHT OF WITHDRAWAL
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of delivery of the Products to inform the Seller of their intention to exercise their right of withdrawal.

The Customer must then return the Products within fourteen (14) days of notifying the Seller of their decision to withdraw. Products must be returned complete, in their original packaging, undamaged, with all labels attached. Any Products that are damaged, soiled, incomplete, or identified as counterfeit will not be accepted.

To initiate a return, the Customer should contact eshop@alainpaulstudio.com and the Seller will provide return instructions by email. Returns must be sent to the address indicated on the return instructions email sent by the Seller.

The risks and costs associated with the return are borne by the Customer. The Seller cannot be held liable in the event of loss, theft, or damage of the parcel during return shipping.

The refund will include the price of the Products returned, but not any supplementary costs such as delivery costs, customs duties, local taxes, import fees, or any other type of costs related to the first shipping (related to the purchase) or the return shipping. These fees, if applicable, will be deducted from the refund. Refunds are made within fourteen (14) days of the Seller receiving the returned Products.

The right of withdrawal may be exercised by the Customer by sending an unambiguous statement email to Customer Services at eshop@alainpaulstudio.com.

Promotional products, sale products, custom products, or made-to-measure products are not subject to return or refund.

ARTICLE 17 – FORCE MAJEURE
Neither Party shall be held liable if the performance of its obligations is delayed, restricted, or made impossible by circumstances beyond its reasonable control.

Force majeure is defined as any unforeseeable, irresistible, and external event, including but not limited to: interruption of means of transport or supply chains, earthquakes, fires, storms, floods, lightning, epidemics, pandemics, strikes, governmental restrictions, or interruption of telecommunications networks.

The Party invoking force majeure must promptly notify the other Party of its occurrence and cessation. The obligations of the Parties will then be suspended for the duration of the force majeure event.

ARTICLE 18 – PERSONAL DATA
When creating an account or placing an order on the Site, the Customer provides personal data (including name, address, email address, and payment details). This data is strictly necessary for the processing, delivery, and tracking of orders, as well as for the provision of certain services on the Site.

The Seller undertakes to process this data in strict compliance with French Law No. 78-17 of January 6, 1978 (“Informatique et Libertés”) and Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR).

In particular, the Seller undertakes to:

• ensure the confidentiality and security of the Customer’s personal data by implementing appropriate measures,

• ensure that only duly authorized persons have access to the data and that they are bound by confidentiality obligations,

• ensure that any subcontractors processing personal data comply with applicable legal obligations.

The Customer has the right to access, rectify, limit, or delete their personal data at any time. Requests should be addressed to Customer Services in accordance with the procedures indicated in the Site’s Privacy Policy.

The Seller’s Privacy Policy is available on the Site and forms an integral part of these General Terms and Conditions of Sale.

When or if the Customer creates an account on the Site, they are responsible for maintaining the confidentiality of their login credentials. The Customer agrees to notify ALAINPAUL STUDIO immediately in the event of unauthorised use of their account at eshop@alainpaulstudio.com.

ARTICLE 19 – INTELLECTUAL PROPERTY
All content published on the Site, including texts, images, graphics, photographs, videos, and any other material, is the exclusive property of ALAINPAUL STUDIO, which is the sole holder of the corresponding intellectual property rights.

As such, none of these elements may be reproduced, represented, exploited, distributed, or used in any manner whatsoever without the prior express written authorization of ALAINPAUL STUDIO.

The Seller is also the owner of all intellectual property rights (with the exception of authors’ moral rights) relating to the Products, as well as to the brands and distinctive signs under which the Products are marketed.

The Customer, as well as any third party, expressly acknowledge the intellectual property rights of ALAINPAUL STUDIO and undertake not to infringe them in any way.

In particular, the Customer expressly undertakes not to manufacture, distribute, sell, license, or market in any way, whether directly or indirectly, and for its own benefit or that of a third party, any Products, imitations, or reproductions of the Products, or any other element protected by the intellectual property rights belonging to ALAINPAUL STUDIO.

ARTICLE 20 – NO WAIVER
The fact that either Party does not enforce a breach by the other Party of any of the obligations contained in these General Terms and Conditions of Sale shall not be interpreted as a waiver of the right to enforce the obligation in the future.

ARTICLE 21 – LANGUAGE OF THE CONTRACT
These General Terms and Conditions of Sale are drafted in French. In the event of a translation into one or more foreign languages, only the French version shall prevail in case of dispute.

ARTICLE 22 – APPLICABLE LAW, MEDIATION, AND DISPUTES
These General Terms and Conditions of Sale are governed by French law, to the exclusion of the provisions of the Vienna Convention on the International Sale of Goods.

In the event of a dispute or claim, the Customer must first contact the Seller in order to seek an amicable solution at eshop@alainpaulstudio.com. Failing such an amicable agreement within twenty (20) days of receipt of a registered letter with acknowledgment of receipt sent by one of the Parties, the dispute will be submitted to the jurisdiction of the competent French courts, determined according to the Customer’s place of delivery of the Products, in accordance with the rules of ordinary law.

The Customer may also have recourse to a mediation procedure, in particular through the French Consumer Mediation Commission or via any sector-specific mediation body, or to any other alternative dispute resolution method (such as conciliation), in the event of a dispute.

ARTICLE 23 – TERRITORIAL SCOPE
The Seller reserves the right to refuse or restrict delivery to certain countries or territories where legal or logistical constraints apply. Such exclusions will be indicated on the Site or during checkout.