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General terms and Conditions of Sale

These General Terms and Conditions of Sale apply to all purchases made on the website www.exemplaire.com operated by the company "EXEMPLAIRE SAS", registered in the Companies' Register (RCS) under no. 539 769 604, with its registered office situated at 334 rue Saint Honoré 75001 Paris - France ("EXEMPLAIRE SAS", "Us").

They may be freely consulted on our website www.exemplaire.com

Before making a purchase, please read these General Terms and Conditions of Sale carefully. By placing your order on our website www.exemplaire.com, you accept these General Terms and Conditions of Sale. We reserve the right to modify these General Terms and Conditions of Sale at any time, particularly to account for any regulatory changes.

Our General Terms and Conditions of Sale were last updated on September 5th, 2018.

The applicable General Terms and Conditions of Sale are those in force on the date of your order.

1 - Purpose

These Terms and Conditions govern sales by the company EXEMPLAIRE SAS of EXEMPLAIRE brand products (luxury leather goods and ready-to-wear clothing for men).

2 - Orders

The website www.exemplaire.com (the "Website") enables you to order a selection of EXEMPLAIRE brand products from the company EXEMPLAIRE instantaneously on line, for delivery to the countries featured in the list of countries of delivery. Purchase orders from countries not featured in this list, and deliveries within these countries, might not be accepted. You can also place your order by telephone on + 33 1 42 61 35 17 from Monday to Saturday (excluding public holidays), 10.30 a.m. to 7 p.m.

Products which can be viewed on the Website are offered for sale within the limits of the available stock. Exceptionally, errors or modifications might occur if a same product is ordered simultaneously by 2 customers. However, if a product is unavailable after placing your order, we will notify you by e-mail or telephone as soon as possible, inviting you to either choose another item or cancel your order. In the last case, if your bank account has been debited, we will refund you immediately.

We assure you that the description and price of the products displayed on the Website are accurate at the time of sale. However, your order might not be accepted if significant errors have occurred on the Website, in the description of the goods you have ordered or their price. All prices and offers are subject to change.

The products are described and presented as accurately as possible. We have taken the greatest care to ensure that the images and colours of the products featured on our Website are as close as possible to reality, accounting for limitations in the technique and in line with industry standards. However, the images and colours displayed might present minor errors depending on the web browser and/or your computer equipment. As such, we are unable to guarantee the accuracy of the colour of the delivered product, which you recognise and accept.

To complete your order, you must click on "Oui, je confirme mon paiement" (Yes, I confirm my payment). Any Internet order requires you to provide full and accurate information about yourself: title, surname, first name, telephone number, e-mail address, billing and delivery addresses.

Any payment confirmation carries the obligation for the consumer to pay for the products.

Once the order is complete, its acceptance will be notified by a "Confirmation de Commande" (Order Confirmation) e-mail, which will confirm we are able to send you the goods you have ordered, plus their price and the shipment costs to the delivery address indicated by you.

This Order Confirmation should contain all the information about the goods you have ordered. You should read the details in the Order Confirmation and contact us immediately in the case of an error. We recommend you print and keep a copy of this Confirmation. We reserve the right to accept or reject any order.

After sending our Order Confirmation, we will endeavour to deliver your order as soon as possible to the postal address indicated by you. However, we cannot guarantee a precise delivery date. This will depend on the product availability in stock.

3 - Prices

The company EXEMPLAIRE SAS reserves the right, at any time and without notice, to alter the prices of the products offered on the Website www.exemplaire.com. The products will be invoiced at the prices displayed on the Website at the time your order is placed.

Payment

Prices are displayed on the Website in euros. Payments should be made by bank card only. We accept payment with the following bank cards: CB, Visa, Mastercard and American Express. Financial information (such as the bank card number or expiry date) will be transferred to the remote secure electronic payment service of our partner, Ingenico, using an encryption protocol. No third party will have access to the information under any circumstance. EXEMPLAIRE SAS might ask you to provide additional information to prevent instances of fraud.

EXEMPLAIRE SAS will use this information exclusively to fulfil your purchase or to issue refunds if products are returned in accordance with these General Terms and Conditions of Sale, or in the event the information is required to prevent or notify the competent authorities of the occurrence of fraud on the Website. EXEMPLAIRE SAS keeps no financial information on its servers or at its premises.

The order will be inclusive of all taxes. Prices account for the VAT applicable on the order date. Any applicable change in rate will be reflected in the price of the products.

4 – Delivery periods and costs

We will deliver to the address indicated by you provided this is an address situated in a country where we deliver. We deliver our items throughout France and to a limited number of countries across the world (Europe, United States and Canada). As such, you must communicate a full and exact delivery address. Any package returned to EXEMPLAIRE SAS due to an incorrect or incomplete address will be re-delivered at your own cost. Please note that we cannot deliver orders to a postal box as our provider is unable to provide this service.

Deliveries are made by UPS.

Products ordered on exemplaire.com are gift-wrapped and delivered securely in a plain or UPS cardboard box. At the time of delivery, if the original packaging is damaged, destroyed or torn open, you should then check the conditions of the items. If these are damaged, you must refuse the package and note your reservation on the delivery note (package refused as opened or damaged).

Duties and taxes for deliveries outside the European Union

When the package arrives, the purchaser is obliged to pay the local taxes or import duties or government taxes which might be charged on the goods. EXEMPLAIRE SAS is not liable for these charges. The charges should be paid by you under your entire responsibility, in terms of both declarations and payments to your country's competent authorities. The products will remain the property of EXEMPLAIRE SAS until their price is paid in full.

France:
Average delivery period: one (1) to four (4) working days
EUR 25.00

Europe:
Average delivery period: one (1) to six (6) working days
EUR 25.00

International: United States and Canada
Average delivery period: one (1) to six (6) working days
EUR 50.00

These delivery periods are indicative only and subject to changes, particularly during periods of peak demand. EXEMPLAIRE SAS assures you, however, that it will do everything possible to fulfil these periods and do its best to satisfy its customers.

Delivery may only take place with the agreement of the customer, the Ingenico payment centre (payment agreement) and the company EXEMPLAIRE SAS. EXEMPLAIRE SAS reserves the right to refuse any order placed by a customer with whom a dispute existed relating to a past or current order.

EXEMPLAIRE SAS accepts no liability for the direct or indirect consequences of an order cancelation or a delivery delay for any reason whatsoever, notably in the event of disruptions or strikes affecting the postal or transport services and, more generally, in the case of events beyond its control. The delivery period given is indicative only and should a delivery be made outside this period, this may not give rise to damages, the refusal of the goods or the cancelation of the order.

Any delivery delay of more than eight (8) working days should be notified to our customer service. Any claim made more than one month after confirmation of your order might not be processed.

5 – Right of withdrawal

From the date of receipt of the products you have purchased on the Website, you will have a period of fourteen (14) days to exercise your right of withdrawal from the sales agreement entered into with EXEMPLAIRE SAS without the need to justify your decision and without incurring additional costs.

To exercise your right of withdrawal, please complete and send the withdrawal form or any other unambiguous written statement to the EXEMPLAIRE SAS customer service, by e-mail to the following address: contact@exemplaire.com or by post to the EXEMPLAIRE SAS head office – Service Client - 334, rue Saint Honoré – 75001 Paris. The form or statement should expressly state the withdrawal in question, as well as your name, geographic address and, if available, your telephone number and e-mail address.

You must return the products in their original condition, unworn, to EXEMPLAIRE SAS within a maximum period of fourteen (14) days from the date on which you exercised your right of withdrawal

  • by either handing them to the carrier designated by EXEMPLAIRE SAS and respecting the procedures established in article 6.2 scrupulously;
  • or by using the carrier of your choosing, at your own risk and cost. We recommend you retain any proof of this return, which would imply the products are returned by registered mail or by any other means establishing a concrete date. We accept no liability for any loss or damage to the products during their delivery back to us.

The goods should be returned in perfect condition (unused, unworn, unwashed) and in their original packaging (or at the very least in packaging offering equivalent product protection as that of its original delivery packaging). The goods should be accompanied by all accessories and documents attached to the order (identification label still attached to the product with the disposable seal, instructions, guarantee and delivery note on which you should note your Goods Return Authorisation number).

Subject to observing the conditions and return period set out above, and dependent on the confirmation of the satisfactory condition of the products returned, EXEMPLAIRE, at the earliest opportunity and by no later than fourteen (14) days from their reception, will refund you the amounts already debited for the purchase of the products (price of the products plus original delivery charges paid initially to EXEMPLAIRE SAS).

6 - Guarantees

6.1 Conformity

All our goods are guaranteed authentic and are inspected extensively by our quality control department to ensure our craftsmanship requirements and criteria have been fulfilled.

6.2 Return procedures

If you are dissatisfied with a product you have purchased on our Website, please:

  • inform our customer service as soon as possible by e-mailing: contact@exemplaire.com, demonstrating the non-conformity of the product with the order so as to obtain a Goods Return Authorisation (abbreviated to ARM). The ARM must be featured on the return packaging. You will obtain your ARM and the UPS prepaid return label by e-mailing your request to the following address: contact@exemplaire.com.
  • return the product to us in its original condition, unworn, within a maximum period of fourteen (14) days from reception of the package, by handing it to the carrier designated by EXEMPLAIRE SAS using the Return Merchandise Authorization (RMA). The RMA must be featured on the return packaging. As indicated above, you can obtain your RMA and your UPS prepaid return label by e-mailing your request to the following address: contact@exemplaire.com.

To return any item, you must indicate the RMA number on the packaging and use the UPS return label. You should then contact UPS to arrange the return.

We accept no liability for a lost package and we cannot refund a lost product.

Please indicate the reason you are returning the product in your e-mail. The returned goods must be in their original condition and in their original packaging (or at the very least in packaging offering equivalent product protection as that of its original delivery packaging). The goods should be accompanied by all accessories and documents provided (identification label still attached to the product with the disposable seal, instructions, guarantee and delivery note on which you should note your Return Merchandise Authorization (RMA) number).

UPS contacts:

France (non-premium number): 01.73.00.66.61

SWITZERLAND
Tel.: 044 200 41 00 (Switzerland)
Tel.: 0800-88-88-33 (free to Liechtenstein)

UNITED STATES
1-800-742-5877 (1-800-PICK-UPS®) For international shipping, call 1-800-782-7892

CANADA
Tel. (French): 1-800-742-5877

Click link for the numbers to call:
https://www.ups.com/us/en/global.page

Select the country and at the bottom left, click on the "Nous appeler" (Call us) tab.

The sender remains liable for the goods returned until they are received at our premises.

We normally process returns within 3 working days from their reception at our store. During busy periods, the return process might take up to 14 working days. Once your refund is approved, we will send you a confirmation e-mail.

The refund of the full invoiced price (price of non-conforming products returned as per the instructions above plus delivery costs) will be credited to your bank card. In the event of anomalies, the package will be returned to you.

Return costs

Return costs are paid by the customer. Returns should be made with the UPS return label. All returns should be addressed to EXEMPLAIRE, 334 rue Saint Honoré, 75001 Paris - France - tel: + 33 1 42 61 35 17.

Exchanges

Items may only be exchanged if the product is available in another size or colour.

The items for exchange should be returned within 14 days from reception of the order. The product may only be exchanged after it has been returned and quality controlled. The exchanged product will be re-delivered at our cost.

Please note that for any deliveries outside the EU, any customs import duties and taxes that might have been paid will not be refundable for returns or exchanges.

Refunds

Only items correctly returned in line with this policy will be processed for refund. If you opt for a refund, the purchase price will be credited to your credit card (excluding any customs duties and taxes) once we have received the product (on average 7 to 10 days after we have received the product at our premises).

6.3 Faulty products

If you inadvertently receive a faulty product or a product damaged during transport, please contact our customer services as soon as possible and within a maximum period of forty-eight (48) hours after delivery. Please provide the order number featured on the delivery note, your e-mail address and your telephone number. We will do everything possible to replace the item as soon as possible. If the box is delivered damaged or torn, refuse the delivery and contact our customer service immediately by e-mailing: contact@exemplaire.com or by telephoning + 33 (0)1 42 61 35 17.

We will not bill you for delivery costs in the case of an exchange. All refunds will be paid within fifteen (15) days from the return of the package. To request a refund, we would ask you to restate your bank card number. For countries outside the European Union, please specify that the package is a "retour pour non-conformité" (return due to non-conformity) to customs.

6.4 Legal guarantees

Notwithstanding the specific guarantee terms which might be offered with the delivered product, EXEMPLAIRE SAS products are subject to the legal guarantees on non-conformities of the product sold, under the conditions of articles L.211-4 et seq. of the Consumer Code, and on hidden defects of the product sold, under the conditions of articles 1641 et seq. of the Civil Code, reproduced below:

Article L. 217-4 of the Consumer Code: "The seller is obliged to deliver a product conforming to the contract and to address conformity defects which exist at the time of delivery. It must also address 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 responsibility."

Article L. 217-5 of the Consumer Code: "To comply with the contract, the product must:

  • 1) Be appropriate for the use normally expected for such a product and, where appropriate:
    • correspond to the description given by the seller and have the qualities presented to the buyer in the form of a sample or model;
    • have the qualities that a buyer might legitimately expect in view of public statements made by the seller, the manufacturer or its representative, particularly in terms of advertising or labelling.
  • 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the buyer that has been brought to the notice of the seller and which the latter has accepted"

Article L. 217-12 of the Consumer Code: "Action resulting from a conformity defect shall be time barred after two years from the delivery of the item."

Article L. 217-14 of the Consumer Code: "The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the manufacturer of the tangible personal good."

Article L. 217-16 of the Consumer Code: "If the buyer asks the seller, over the course of the commercial warranty granted to it on the purchase or repair of a tangible good, for a repair covered by the warranty, any immobilisation period of at least seven days will be added to the remaining warranty period still to run. This period will commence from the buyer's intervention request or once the good in question is made available for repair, if this availability is subsequent to the intervention request."

Article 1641 of the Civil Code: "The seller is bound by a guarantee on hidden defects of the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have purchased it, or would only have offered a lower price for it, if it had been aware of them."

Article 1648 paragraph 1 of the Civil Code: "The action resulting from critical defects must be brought by the buyer within a period of two years following the discovery of the defect."

If one of these guarantees is exercised, you can return the product(s) observing the procedures established in article 6.2.

7 - Intellectual property

The copyrights and intellectual property rights, for the whole world, are reserved on all models, texts, comments, works illustrations and images reproduced on the www.exemplaire.com Website. Any other use constitutes an infringement and will be penalised in terms of intellectual property unless authorised beforehand by www.exemplaire.com. Any whole or partial reproduction of the www.exemplaire.com catalogue is strictly prohibited.

8 - Personal data confidentiality and processing policy

Collection and processing of personal data

You are informed and accept that EXEMPLAIRE SAS, in order to be able to identify you, open and manage an account for you, respond to your requests, place product orders for you, process your orders, raise the associated invoices, manage your customer service questions and provide the services of www.exemplaire.com reserved for registered users who have stated their wish to benefit from these, and even in order to improve the website or fulfil legal and regulatory obligations, will collect the following personal data (the "data"):

  • opening and management of a customer account: you will be asked for your surname, first name, date of birth, address of normal residence, mobile and landline telephone numbers, e-mail address, payment methods; the use of such data by EXEMPLAIRE SAS is dependent on your consent when creating your account;
  • purchasing on the Website: when you connect to the Website, this will notably register your surname, first name, connection, usage and location data, delivery address, billing address and payment data; the use of such data by EXEMPLAIRE SAS is necessary in order for EXEMPLAIRE SAS to offer you its products and services and fulfil your order;
  • browsing the Website: the Website pages browsed during your visits, the advertising you have clicked on and the possible search terms you entered on the Website might also be collected by EXEMPLAIRE SAS. Cookies are used when users browse the Website. You can deactivate cookies from your browser settings.
  • payment: when you pay for products ordered on the Website, it registers the financial data relating to the bank account or credit card of the user;
  • customer support: EXEMPLAIRE SAS, in the event of a claim or the exercise of your rights (legal guarantees, right of withdrawal, etc.), is required to use your surname, first name, telephone number, e-mail address, postal address, information about your order and, generally speaking, any correspondence with our customer service (e-mails and written correspondence);
  • Website security and fraud detection: EXEMPLAIRE SAS uses your surname, first name, telephone number, e-mail and/or postal address, information about your order and payment methods, as well as the additional items you might be asked for in order to substantiate the data about you. The purpose of this is to ensure the security of the Website, the detection and prevention of fraud on the Website and involving payment methods, the prevention of spam and abusive mail, the prevention and tracking of payment incidents, the combating of money laundering;
  • newsletters: if you subscribe to the newsletter, EXEMPLAIRE SAS uses the data communicated to open and manage your customer account (notably your surname, first name, date of birth, address of normal residence, mobile and landline telephone numbers, e-mail address) and/or during a purchase on the Website (notably your surname, first name, connection, usage and location data, delivery address, billing address) to send you newsletters by e-mail; the use of such data for this purpose by EXEMPLAIRE SAS is dependent on your consent when you create your account and/or confirm your order.

EXEMPLAIRE SAS is responsible for the processing of your personal data within the meaning of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in terms of the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation" or "GDPR").

This data may only be communicated to the contractual providers and partners of EXEMPLAIRE SAS who, as processors within the meaning of the GDPR, intervene and contribute directly to the execution, management, processing and payment of your order and for which access to the data you entered when creating and using your account is absolutely necessary (identity, postal address, telephone number, e-mail address). Processors have limited access to the data. They may only act upon the instruction of EXEMPLAIRE SAS and are contractually obliged to use the data in accordance with the provisions of the applicable regulation.

If required by law, EXEMPLAIRE SAS may transmit data in response to claims made against the Website and to comply with administrative and judicial procedures.

With your consent only, we may process this data for the following purposes:

  • sales solicitation: browsing on the Website and/or using the services provided on the Website builds a profile of you, which may consist of an e-mail address, a postal address, a telephone number and, where relevant, a date and place of birth, your Internet data (URL address, IP address); EXEMPLAIRE SAS, subject to your prior and express consent, may use your data to send you offers on products and services or tell you about special offers and promotions, by e-mail, SMS or MMS, telephone, advertising banners on third party sites or social networks, Internet search engines, etc. This data will also enable EXEMPLAIRE SAS to send you, with your express consent, newsletters telling you about current commercial campaigns, by way of commercial canvassing, targeted advertising, loyalty programmes, commercial offers, newsletters, events organised by EXEMPLAIRE SAS and news feeds. Note that you have the right to refuse these newsletters, either by not giving your consent when you register and/or confirm your order, or, if you had given your consent previously, by freely opposing the use of your data to send commercial offers. You can make your request by clicking on the unsubscribe link in each e-mail message, or by writing to the EXEMPLAIRE SAS postal address mentioned previously or by e-mailing: contact@exemplaire.com.
  • Personalise the Website on the basis of your areas of interest.
  • Conservation
    Your personal data will only be conserved for the period strictly necessary for the purposes explained above. At the end of this period, your data will be irreversibly deleted or anonymised. The conservation period will depend on the purpose of the processing: the data collected when purchasing items on www.exemplaire.com will continue to be processed until the conclusion of the administrative and accounting formalities. After that, it will be archived according to local tax regulations (ten (10) years). The data used to open and manage your customer account will be conserved until you close your customer account. The data used to send you our newsletters will be conserved until you unsubscribe from them as indicated above.

Rights of Website users and exercise of rights

In accordance with the GDPR, you have a permanent right to access, modify, correct, delete and oppose the use of your data. In particular, you may at any time withdraw your consent to processing, view your data in our possession, its source and how it is used, and request its update, correction, modification (notably if the data is inaccurate or incomplete) and, in the cases established by the provisions in force, deletion, processing restriction or opposition to its processing. If necessary, you can ask to receive your personal data in the possession of EXEMPLAIRE in a format readable from an electronic device and, where technically possible, we can transmit your data directly to a third party designated by you. If you think your personal data has been unlawfully processed, you can file a complaint with the Commission Nationale de l'informatique et des Libertés (French Data Protection Authority, abbreviated to the CNIL). If you would like further information about your rights and notably the right to file a complaint, please go to the CNIL site: www.cnil.fr.

To exercise one or more of your rights, please send an e-mail request to the EXEMPLAIRE SAS customer service at the following e-mail address: contact@exemplaire.com indicating your surname, first name, e-mail address and your customer reference details. Your request should be accompanied by a photocopy of an identity document bearing your signature and specifying the address for response. The response to a request made on the basis of one or more rights will be communicated to you within a period of 2 months from receipt of the request.

You may communicate specific instructions to EXEMPLAIRE SAS defining the way you wish your rights to be exercised pursuant to the GDPR following your death.

For any clarification, request or requirement relating to the confidentiality and processing of your personal data, you may contact us at any time by sending an e-mail to the following address: contact@exemplaire.com or by writing to the EXEMPLAIRE SAS head office: EXEMPLAIRE SAS – Service Client- 334, rue Saint Honoré – 75001 Paris.

Changes to this clause

EXEMPLAIRE SAS reserves the right at any time to make any changes to this personal data protection clause. We would therefore invite you to periodically check the content. As far as possible, we will endeavour to inform you of the changes made at the appropriate time.

Security and confidentiality

We undertake to protect and ensure the security and confidentiality of your data in accordance with the GDPR, notably by taking all necessary precautions to prevent such data from being altered or destroyed or accessed by unauthorised third parties. However, we must stress that the Internet is not a completely secure environment, and EXEMPLAIRE SAS cannot control all the risks inherent in the use of the Internet. We would draw your attention to the existence of potential risks inherent in the use and operation of the Website. EXEMPLAIRE SAS accepts no liability for identity theft or the misuse of your account and for the possible consequences that might result.

9 - Liability

The products offered for sale on our Website www.exemplaire.com comply with the French legislation in force. It falls to you to verify the options for importing or using the products you envisage ordering with your local authorities. The Website www.exemplaire.com accepts no liability for the non-execution of the agreement entered into due to a stockout, product unavailability, force majeure, total or partial disruptions or strikes, notably affecting the postal and/or transport and/or communication services, flood, fire etc.

10 - Credits and legal information

VAT no.: FR 39 539 769 604

Host: OVH

Copyright: EXEMPLAIRE SAS

Our website is registered with the CNIL under no. 2008148.

11 - Applicable law- Disputes - Mediation

These General Terms and Conditions of Sale are governed by French law, particularly the French Consumer Code, to the exclusion of the provisions of the Vienna Convention. This applies both to substantive and procedural rules.

The language of these General Terms and Conditions of Sale is French. If they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

In the event of a dispute, you should first contact the EXEMPLAIRE SAS customer service on + 33 (0)1 42 61 35 17 from Monday to Friday except for public holidays or non-working days, between 10.30 a.m. and 7 p.m., or send an e-mail contact@exemplaire.com or postal correspondence (EXEMPLAIRE SAS – Service Client- 334, rue Saint Honoré – 75001 Paris).

If the claim is not resolved with customer service or if the service fails to respond within a period of two (2) months, you can contact the alternative dispute resolution services available to consumers, as stipulated in French legislation.

Please also note that the European Commission has a platform for the extra-judicial resolution of disputes, accessible from the website http://ec.europa.eu/odr.