These General Conditions of Sale alone shall govern all dealings between Poltergeist, representing the PORT-ROYAL brand (hereinafter “ourselves”) and any person who visits or purchases goods via the www.port-royal.fr or www.portroyalsport.com sites (hereinafter “you”). Given that these General Conditions of Sale may be modified from time to time, the applicable terms are those which are which shall be in force for the web site on the date on which you place your order.

CONTRACT

ARTICLE 1: Terms governing the placing of orders
You hereby declare that you are aged at least 18 years old and have the legal capacity or the requisite parental authorisation to enable you to place orders on this site. By sending us your order, you agree to be fully bound by these General Conditions of Sale. We reserve the right to reject any order should there be any dispute over the payment of a previous order. Any order placed via the site must correspond to the normal requirements of a household.

ARTICLE 2: description of the commercial web site
The items which are offered for sale on our web site are described and photographed with the greatest possible care. We hereby disclaim liability for any errors in interpreting the information featuring on our site. The photographs representing the goods on sale should be considered as merely indicative due to the fact that changes may occur in the course of transcribing them onto the site. You can see and/or try out our products at our premises at 10 passage Lathuille in Paris, France.

ARTICLE 3: formation of the contract
Once you have placed an order, we will send you an e-mail confirming the elements of your order and informing you of your right to change your order (by adding or removing any items) until the date when the items you ordered have been dispatched. We will send you an e-mail to notify you as soon as the items that you ordered are dispatched. This e-mail shall act as our acceptance or your order and shall mark the formation of the contract of sale between you and us.

ARTICLE 4: availability, price and delivery
We will endeavour to honour your orders subject to availability of the items your order in stock. We will inform you of the availability of the goods sold on our site in the information page for each item. We cannot provide you with any further details about availability. If in spite of our vigilance, the items are unavailable, we will notify you by e-mail as soon as possible of the estimated time you will have to wait until the items are in stock. Should the items be permanently unavailable, and should we be unable to provide you with items of equivalent quality and price, your order will be cancelled automatically. The prices shown on the site are quoted in euros and include all applicable French taxes (French VAT and other taxes at the currently applicable rate). Should the VAT rate change at any moment in time, we will immediately reflect this in our prices.

The prices quoted for our goods include delivery charges. The 2-day average delivery time scale for France and Europe (one week maximum) should be considered as merely indicative.

ARTICLE 5: customs duty
Any order placed via the site and delivered outside France may be subject to taxes and customs duty levied when the parcel reaches the destination country. It is up to you to pay any such taxes and customs duty levied in connection with the delivery of any items you order from us. We have no duty to check up on and inform you of the taxes and customs duty which are levied by the destination country. In order to find out about these, we recommend that you consult the relevant authorities in your country.

ARTICLE 6: payment
You can pay for the goods you order on our site by bank card or by cheque. Should any item not be available, your card will only be debited by the amount of your order minus the value of that item. We will only accept cards issued by banks which are based outside France if these cards are valid abroad. If you pay using a bank card, you will be asked to provide us with your card number and expiry date at the end of the ordering process. Please note that we will check the data you provide via authorisation servers in order to avoid card misuse and fraud. The ordering process on our site takes place in secure mode and all data is encrypted (using Netscape’s SSL protocol). If you decide to pay with a cheque, your order will only be processed upon receipt of that cheque and all time scales quoted for delivery shall apply as of the date on which we receive your cheque. Please note that we must receive your cheque within five (5) days of the date on which you place your order. We will only accept cheques made out in euros and drawn on a bank based in France or in Monaco.
Cheques must be made out to PORT-ROYAL and sent to the following address:
PORT-ROYAL
10 passage Lathuille
75018 Paris
FRANCE

ARTICLE 7: returns
All the items we sell refer to a table of measurements in order to guide you in your choice. However, we will accept a request for a change of size within five (5) days of delivery of your item. Any item which is returned to us in an incomplete, soiled or damaged state will neither be accepted nor returned to you.

In accordance with French law, you have a right to cancel any order you place with us without any need for justification within 7 days of placing your order by returning the items to us provided that they have not been taken out of their packaging.
You are responsible for paying the cost of sending back any returned goods. Please notify us as soon as possible should we deliver an item which does not comply with your order through no fault on your part or should the item be damaged during transit. As soon as we have agreed to replace the item, you must return it to us within fifteen (15) days. We will then exchange the non-compliant or damaged product upon receiving it on our premises and upon acknowledging your claim. Should you fail to send us the item within fifteen days, we will consider that you have accepted the item and the sale will stand. We will not credit your bank card with the price of any damaged or non-compliant item which you fail to return to us.

ARTICLE 8: reservation of title clause
Any items which are delivered to you shall remain ours until you have fulfilled all your obligations towards us, and in particular until you have paid the price thereof in full, plus any interest where applicable.

ARTICLE 9: protection of personal data
We have no choice but to collect personal data as part of the ordering process and in order to allocate your personal access code. We pledge to protect and guarantee the confidentiality of all personal data which we ask you to provide about yourself. In accordance with France’s data protection law dated January 6, 1978, you have the right to access, modify, rectify and remove any personal data relating to you. This right should be exercised by writing to the following address: CNIL no. 1088651.

ARTICLE 10: Licence to access the site
It is strictly prohibited to copy, reproduce, sell or use any part of this site for commercial purposes without securing our prior express written authorisation. When you register on our site, we will provide you with a password which will constitute your license to access our site. You must not use any techniques enabling you to copy our trademark, our logo, our products, the images or any text which is our property without first securing our prior express written authorisation. Any misuse or unauthorised use of our site shall result in the cancellation of your license to access same. However, we hereby authorise you on a non-exclusive and revocable basis to create a hypertext link pointing to the home page of our site provided that this link shall not cause us or our goods and services to be represented in a misleading, false, pejorative or immoral light or in any way which might damage our reputation. We hereby disclaim liability in connection of the content of your site on any grounds whatsoever pursuant to the creation of such a hypertext link. You may only use our logo, trademark or graphic design elements on your site upon securing our prior express written authorisation.

ARTICLE 11: applicable law and settlement of disputes
These General Conditions of Sale shall be governed by French law and by the Vienna Convention on international contracts for the sale of goods. Any disputes arising in connection with the commercial relationship between you and us shall be submitted to the relevant courts in France.


POLTERGEIST S.A.R.L
PORT-ROYAL
10 PASSAGE LATHUILLE
75018 PARIS, FRANCE
EU VAT number: