The present sales terms apply to the sales of fashion items from collections created by designers, and sold under brands of Haute Couture, prêt-à-porter, fashion accessory and costume jewellery models (hereinafter the Models), which individual purchasers wish to purchase or order from PRECOUTURE, a simplified joint stock company under French law with capital of 1000 Euros, the registered office of which is located at 3 rue du Plâtre 75004 Paris, registered in the Paris Trade and Companies Register as number RCS 751 715 814.
PreCouture may be contacted on telephone number 09 84 51 06 72 when calling from France and on +339 984 510 672 from abroad.
These general terms may be viewed at any time on the website www.precouture.com (hereinafter the Site)
The act of placing an order, confirmed by means of the confirmation procedure described hereinafter, on the Site, implies that the purchaser accepts the general sales terms and conditions set out below fully and without reservation, excluding all other contrary terms, and their acknowledgement that they are fully familiar with them. PreCouture reserves the right to be able to amend its sales terms at all times. In this case the applicable terms shall be those in force and viewable on the Site on the date of the order by the purchaser.
A purchaser wishing to purchase one or more Model(s), must in all cases:
– complete on the Site the identification form, on which they shall give all requested details, or shall give their client number, if they have one
– complete the online Purchase Order, giving all the references of the selected Models, notably the number, size, measurements required for the model, and the colours;
– confirm their order after having checked it; confirmation shall be definitive only once the payment is made on the terms below.
– make the payment on the terms set out below;
Confirmation of the order entails acceptance by the purchaser of the present sales terms. All the data supplied and the recorded confirmation shall be equivalent to proof of the transaction. Confirmation shall be equivalent to signature and acceptance of the operations made by the purchaser.
Orders confirmed by the purchaser using the procedure described above shall be binding on PreCouture only after written confirmation by the latter; PreCouture's confirmation results from the despatch to the purchaser by PreCouture of the registered confirmation by email to the email address of the purchaser given by the latter in their identification form. PreCouture's confirmation may only be partial. If PreCouture has not given confirmation within a period of seven days from the end of the sale, the down payment paid by the purchaser shall be credited within 15 days to the credit card with which the down payment was paid. 
As stated on the Site, the Models are sold on a pre-order basis.
Manufacture of the Models sold on a pre-order basis is commenced only when this order has been confirmed in accordance with the above paragraph, and payment and receipt of the down payment of 30% of the price have been made, in accordance with the "Payment methods" clause below, and after it has been received by PreCouture.
Any amendment or cancellation requested by the purchaser, except in the cases resulting from application of the public order and right of retraction provisions stipulated below, may be accepted only if it is made on the Site within two days of the confirmation of the order by the purchaser, in accordance with the procedure described above, and subject to PreCouture's agreement sent by email to the email address given by the purchaser in their identification form. If the cancellation is accepted by PreCouture, the sums paid by the purchaser shall be retained by PreCouture, and a credit note for the sum of the cancelled order shall be sent to the purchaser.
The benefit of the order is personal to the purchaser and may not be transferred.
CHARACTERISTICS OF THE OFFERED MODELS
The offered Models are those shown on the Site.
Each Model is accompanied by a description given by the designer and manufacturer; this description includes in particular information concerning the manufacturing material, colours, sizes. The photographs on the Site give as good a representation of the Model as possible, but cannot be perfectly identical to the offered Model.
The prices on our website include VAT for the European countries and non European do not include VAT. Please be aware that VAT will be charged by Fedex on an individual basis directly upon shipment as far as non-European countries are concerned, and will not be refunded by precouture in case the articles are returned.
PreCouture reserves the right to amend its prices at any time, with the understanding, however, that only the price shown on the Site on the date of the order shall be applicable to the purchaser.
The prices given do not include transport and customs costs, if applicable, or delivery costs but they will be automatically applied during your checkout. In the event of delayed delivery for reasons ascribable to the purchaser, the corresponding invoice shall be issued with the price in force on the actual delivery date.
Payment must be made as follows fot the preorder sale:
- 30% down payment on confirmation of the order by the purchaser.
- Balance on receipt of the models by PreCouture. This second payment and its receipt shall be required to activate delivery to the purchaser.
Payments shall be made by bank card and in Euros. They shall be made through the secure Ogone system, which uses the 3D Secure protocol, such that the transmitted data is encrypted by an application, and that no third party may acquire it in the course of transmission through the network. An invoice showing VAT shall be sent to the purchaser. The sale shall be definitive only after PreCouture receives the full sale price.
RIGHT OF RETRACTION
In accordance with the provisions of article L 121-20 of the Consumers Code, the purchaser has a right of retraction for 14 working days from the delivery of the Models to make known by email, sent to the PreCouture Site or on firstname.lastname@example.org, that they are exercising their right of retraction, and that they are returning the Models to PreCouture in order to exchange them or to receive reimbursement for them, on the condition that the Models are returned in their original packaging and in perfect condition, with all their labels, within 14 days of the delivery.
Models which have been worn, or are perfumed, marked or damaged are not accepted.
The return costs are payable exclusively by the purchaser.
When Models are returned they must be accompanied by a return note, available on the package.
The exchange (subject to availability) or the refund will be made within a time frame of maximum 14 days from the moment of the delivery of a proof of shipment or if this is not the case, from the moment of reception by PreCouture, of the returned items.
Delivery of the Models is invoiced at the price in force on the Site, and all particular requests and destinations shall be covered by an estimate drawn up beforehand and accepted by the purchaser.
All the items are submit to our quality service before to be dispatch to assure the good condition of the goods.
Deliveries are made to the address given in the purchase order.
From the time they are given to the carrier, the Models are transported at the purchaser's risk, even those which are shipped carriage paid. In the event of damage during transport, the explanatory complaint must be made to the carrier within a period of three days from delivery.
In the event of late delivery, missing items or defects, the purchaser must immediately take action against the carrier within the two days following the receipt, and inform PreCouture at email@example.com. All complaints must be sent to PreCouture within eight days of delivery at firstname.lastname@example.org. The purchaser must check that the delivered Models are in a satisfactory condition, and make any necessary reservations at the time of delivery, and in the presence of the carrier, without which no redress shall be possible.
PreCouture undertakes to strive to the best of its abilities to deliver the Models ordered by the purchaser within the deadline stipulated in the Purchase order. However, this deadline is given as an indication only, and no failure to meet it may lead to any damages, deduction or cancellation of the order by the purchaser. If the ordered Models are not delivered within a period of TWO months after the indicative delivery date, for any other cause than force majeure, the sale may be cancelled following the written request of the purchaser or of PreCouture. In this case the sums paid by the purchaser shall be returned without delay.
Orders are delivered within a period of one to six months from the order and receipt of the down payment in the case of pre-order models, subject to payment and receipt of the price.
A "Track record" number shall be sent by email to the purchaser at the email address given by them in their identification form. Using this number the purchaser may monitor on the Transporteur's Site the progress of their order.
It is stipulated that until full payment of the price has been received delivery is not made.
Please note that items on sale, the lingerie, the swimwear, the jewelry, the pierced earrings are non-refundable and non-exchangeable. Please note that items purchased on preorder won't be refunded, you will benefit of a gift voucher on the website to exchange your order.
You will have to pay those fees (shipping cost, taxes and duties). If the return falls outside of the 14 days delay, or the item is worn, damaged or not in its original packaging, PreCouture cannot accept the returned items and cannot give a refund. Clothing returns can only be accepted if the original label/ hangtag has not been removed. Please keep the invoice until we'll notify you via e-mail that we've received and processed the returned product(s). Return-shipping fees at your charge.
The delivered Goods are covered by the legal guarantee against hidden flaws due to material defects.
PreCouture's guarantee is limited to the replacement or refund of any Models which are not in conformity, or subject to a hidden flaw as defined above.
The Models sold on the Site comply with regulations in force in France. PreCouture's liability cannot be incurred in the event of non-compliance with the legislation of the country to which the Models are delivered, which it is the purchaser's responsibility to check.
The photographs and illustrations accompanying the Models on the Site have no contractual value and may not therefore incur PreCouture's liability.
PreCouture is released from its obligation of delivery in the event of an accidental case or force majeure of which it may be a victim, notably fire, flood, total or partial strike, or lock-out. In the abovementioned hypotheses the purchaser accepts any partial deliveries of Models which are ready to be delivered.
In the online sale process, PreCouture is bound only by an obligation regarding resources; its liability may not be incurred due to an instance of damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, suspension of service...
All elements of PreCouture's site are and remain PreCouture' s exclusive intellectual property.
No party is authorised to reproduce, exploit, re-broadcast or use in any way whatever, even partially, elements of the site, whether software, visual or acoustic.
All links, whether simple or by hypertext, are rigorously prohibited without PreCouture's express, written agreement.
It is recalled that the personal data for which purchaser is asked is required in order to process their order, and to issue the invoices, in particular.
The processing of data communicated through the PreCouture website was declared to CNIL on 22/06/2012, registered as number 1597519.
In accordance with the national and European regulations in force, the purchaser has a permanent right of access and amendment in accordance with the law relative to computing, files and freedom of 6 January 1978, personal data concerning purchasers may be subjected to automated processing.
The customer can accept or not for their email address to become opt-in to business partners of PreCouture.
Purchasers may refuse permission for disclosure of their data by informing PreCouture thereof.
PreCouture shall archive the purchase orders and the invoices on a reliable and long-term medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.
PreCouture's computerised registers shall be considered by the parties as proof of communications, orders, payments and transactions made between the parties.
SETTLEMENT OF DISPUTES
The present online sales terms are subject to french law.
Any disputes relative to the interpretation or performance of the present document shall be the juridiction of paris commercial court.