Terms and Conditions of Sales

Legal Notices

The purpose of these Terms and Conditions of Sale (hereinafter "T&C”) are, first, to inform any purchaser (the “Customer”) of the terms and conditions under which Jean Patou (hereinafter “PATOU” or the “Vendor”) sells and delivers the products ordered on its www.patou.com website (the “Site”) and, second, to set out the rights and obligations of the Customer and the Vendor (jointly the “Parties”) with regard to such sales. These T&C apply, without limitation or reservation, to all orders of products offered for sale by PATOU on its Site (the “Orders”).

In order to make a purchase on the Site, the Customer must unreservedly accept these T&C.
The T&C applicable to the Order are those accepted by the Customer when placing the Order.

These T&C are supplemented by the Terms of Service (ToS) of the Site and by the Privacy & Cookies Policies.

Update

Last update in March 2020

Article 1 : Identity of the Vendor

Name: Jean Patou SAS,

Address: 24-32 rue Jean Goujon, 75008 Paris, FRANCE

Siren: 831 242 359

Phone: +33 (0)1 42 01 23 69

E-mail: information@patou.fr

Article 2 : Products, Prices and Payment Terms

2.1 Description of the Products

The Customer may select one or more products from among the different categories presented on the Site (the “Products”).

PATOU may, at any time, change the range of Products offered for sale on its Site, depending, in particular, on supplier-related constraints, without this however having an effect on the Orders in progress.

The Customer may, prior to placing an Order, take note, on the Site, of the main characteristics of the Product(s) that they wish to order.

PATOU takes the greatest care to present Products on the Site which meet the requirements of applicable laws. However, although all efforts are made to ensure that the hue, colour or brightness of the Products, photos of which are displayed on the Site, are faithful to the original Products, variations may occur, particularly due to the technical limitations of the colour renderings of a computer device.

If you have any questions regarding the Products and their use, any additional questions or advice requests, you may contact the PATOU team of advisers by using the “Contact Us” section of the Site or by sending an email at the following address: information@patou.fr.

2.2 Availability

The Product offerings presented on the Site are valid within the limits of available stocks. PATOU reserves the right to refuse some Orders.

Should the Products be totally or partially unavailable after placing the Order, the Customer will be notified by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of their Order.

In this case, the Customer will be reimbursed for the price of the unavailable ordered Product promptly and, at the latest, within 30 days of payment of the amounts already paid by them.

2.3 Price of the Products

The price of each Product is shown in Australian Dollars including all taxes and duties. . Preparation and shipping costs are offered for free.

2.4 Placing an Order and Payment

Before validating their Order, by clicking on “Confirm Order”, the Customer always has the option to check the details of their draft Order and correct any mistakes.

To validate their Order, the Customer must check the box opposite the message “By checking the following box, I acknowledge that I have read and accepted the Terms and Conditions of Sale”. They must then choose one of the proposed payment methods shown on the same page.

Once this step is validated, the Order will be confirmed to the Customer by email.

Payment of Orders is made by PayPal, AMEX or credit card (cards of the Visa, Mastercard, Maestro networks), JCB, UnionPay. The Customer should ensure that they are familiar with the terms and conditions of any third party payment site such as PayPal. The Customer’s bank card is debited when the Order is accepted. If a Product that is ordered is unavailable, it will not be charged or debited, or where a Product is unavailable after an Order has been placed a full refund will be given to the Customer for the amount paid for that Product.

Once payment has occurred Patou will provide the Customer with a copy of their Order and payment confirmation.

The Customer will be notified of dispatch of their Order by email.

IMPORTANT:

The Products made available on the Site are intended for non-professional individual customers for their own use (or for gift purposes), which is why PATOU sells its Products only in quantities corresponding to the usual average needs of a household. PATOU reserves the right to refuse or cancel, for a legitimate reason, any Order for which the number of Products (for a single Order or several Orders combined) does not correspond to the usual average use of a household, or any Order which may indicate that an economic activity is carried out by the Customer in connection with the Products ordered. Where PATOU does so, it will use reasonable efforts to notify the Customer as soon as possible of such cancellation.

Finally, PATOU reserves the right to suspend or cancel fulfilment of an Order and/or delivery, regardless of its nature and level of fulfilment, in the event of no or partial payment of any sum due by the Customer, in the event of a payment incident, or r or in the event of fraud or attempted fraud relating to the use of the PATOU Site. If your credit card has already been charged for the purchase and your order is cancelled before shipment, we will issue a credit to your credit card account.

Article 3 : Delivery of Products

3.1 Delivery Arrangements

Place of Delivery

Delivery is made by courier (including DHL Express) to the address indicated by the Customer in Australia.

The different possible delivery methods are listed on the Site in the “Delivery” section.

Delivery Lead Time

The Customer's order will be delivered to the Customer no later than 30 days from the order confirmation email (excluding pre-orders).

In the event PATOU cannot ship within this time frame PATOU shall contact you via email to obtain your consent to new shipping and delivery dates. If you do not agree with the new shipping date, you will have the right to cancel the Order for a full refund of your payment for the unshipped products.

Should the specified delivery date be exceeded after Customer having received email confirmation that the Products have been shipped, please promptly contact the Customer Service department at: information@patou.fr.

In the event of the delivery lead time being exceeded not due to a force majeure event, the Customer will be able to cancel their Order by contacting Customer Service at: information@patou.fr. PATOU will first attempt to make the delivery within a reasonable additional period of time. If the delay of delivery, or non-delivery is due to fault of the Vendor, PATOU will refund the amounts paid by the Customer and collected by PATOU for the Order in question.

The refund will be made to the same method of payment used as soon as possible and no later than 14 days after the date on which the purchaser exercised their right to obtain cancellation of their Order.

Delivery Charges

All costs of preparing and shipping the Order will be communicated to the Customer prior to payment.

The price of the different possible delivery methods is listed on the Site in the “Delivery” section.

Receipt of Products & Complaints – defects, missing items, damaged packages –

The Customer must check the condition of the packaging and the number of packages on receipt of the Products.

The Customer shall be informed by email if partial shipments are necessary. If partial shipments will exceed the originally quoted shipment and delivery times, we will contact you via email for your consent to the new shipping dates. If you do not accept the new dates, you may cancel the delayed unshipped portion of your Order.

If the Customer notices a defect in the package (damaged package, open package, trace of liquid, etc.) they must, contact PATOU as soon as possible and no later than 3 working days from delivery, either by email at the following address, information@patou.fr or any other method indicated in the “Contact Us” section of the Site.

PATOU will then carry out all necessary checks and may, as appropriate, subject to return by the Customer of the entire package in question, either:

• Replace the Products purchased in the Order
• Cancel and refund the Order.

The refund will be made to the same method of payment used, as soon as possible and no later than 14 days after the date on which the package was returned by the Customer.

If the Order is not returned in full, or if the investigation does not reveal any fault attributable to PATOU or to the carrier, the Customer will not be entitled to a refund of the amounts paid, unless the Customer demonstrates, by any means, that it is not responsible for this situation.

3.2. Transfer of Risks

The transfer of title and risk in a Product from PATOU to the Customer takes place upon receipt of the Order by the Customer at the place of delivery designated by the Customer. PATOU bears the risk of storage and carriage to the place of delivery designated by the Customer.

Article 4: Product Return and Cancellation Right

PATOU offers to the Customer the right to cancel their Order within 30 days of receipt or collection of their Product, without having to give reasons and without penalty. See article 5 for details of returns of defective products.

For a single Order, delivered by separate deliveries, the period runs from receipt of the last Product included in the same Order.

The Customer must return the Product in question within fourteen (14) days of the date on which they have expressed their wish to cancel.

However, the cancellation right cannot be exercised for Products that are:

- opened or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection (in particular cosmetics and hazardous products subject to approved packaging);

- made according to the Customer's specifications or clearly customised.

To exercise their cancellation right, the Customer must contact the Customer Service department either by email at the following address information@patou.fr, or as indicated in the “Contact Us” section of the Site.

The Customer must use the return label provided for this purpose, and then prepare their return package according to the instructions given by the Customer Service department. In such case, the return will be free of charge for the Customer and return costs are borne by PATOU. If Customer choices to return the Products using any different method, then the Customer shall be solely liable for the costs and risks of such return.

Collect-shipment or Freight-collect packages will not be accepted, and Products must be returned complete (accessories, instructions, labels, certificates of authenticity, etc.), in perfect condition, in their original wrapping and packaging. The Customer must attach the return voucher with their package. Without these items, the return will not be accepted.

It should be noted that the Customer may also return the cancellation form by postal mail, or (ii) by making any other unambiguous written cancellation request to 24-32 rue Jean Goujon, 75008 Paris or to the email address: information@patou.fr.

The Vendor will, in return, send the Customer an acknowledgement of receipt to confirm that their cancellation request is being considered.

It is the Customer’s responsibility to retain proof of this return. Mailing and/or carriage of the returned Products is the Customer’s responsibility.

On receipt of the returned Products, an email will be sent to the Customer to inform them of the result of the quality control prior to any refund.

Subject to compliance with the above conditions, Customer can choose:

• for the return of all Products included in the Customer’s Order; the Vendor will refund the Customer all amounts paid in connection with the cancelled Order,
• for a return of only part of the Products included in the Customer’s Order, the Vendor will refund the Customer the purchase price of the Product(s) returned within the context of their cancellation request.

The refund is always made according to the original payment method used for the purchase. The refund of returned Products will be made within fourteen (14) days from the date on which the Vendor has recovered the Products or on receipt, at the address referred to above, of proof of shipment of the Products, whichever date is earlier. Products returned incomplete, spoilt, damaged, degraded or soiled by the Customer will not be refunded.

For any question about the return conditions and cancellation right, the Customer may contact PATOU either by email at the following address information@patou.fr, or as indicated in the “Contact Us” section of the Site.

Article 5: Guarantees

Existing guarantees

Nothing in these terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This may include the Australian Consumer Law (which contains guarantees that protect the purchasers of goods and services in certain circumstances).

If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and we are able to limit your remedy for a breach of such a Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option:

• the replacement of the ordered Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the purchased Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired.

Specific commercial guarantees may apply to the Products. They are indicated on the Site and given to the Customer with the delivered Product.

These commercial guarantees do not, however, affect the Customer’s rights under the above-mentioned legal guarantees, which in all cases remain applicable to the Customer.

Article 6: Liability

The Customer alone is the judge of the appropriate character, in line with their needs and their consumption, of the Products that they order on the Site. PATOU, to the extent permitted by applicable laws, disclaims all liability for any use of the Products that is not in accordance with their intended use.

PATOU disclaims all liability with respect to the obligations of these T&C should the non-performance of its obligations be attributable to a third party, to the fault of a Customer, or to the occurrence of a force majeure event, to the extent permitted by applicable laws.

To the maximum extent permitted by applicable law, in no event shall Patou be liable to Customer for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Patou knows there is a possibility of such damage.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law

Article 7: Complaints - Information

For any information, complaint or question regarding the Terms and Conditions of Sale on the Site or the Products themselves, the Customer may contact the Customer Service department via the “Contact Us” section of the Site or by email at the following address information@patou.fr

Article 8: Personal Data

Personal information relating to Customers is collected and handled by PATOU in accordance with its Privacy Policy. For more details on how PATOU processes its Customers’ personal information and on Customers’ rights regarding personal data protection, please refer to PATOU’s Privacy & Cookies Policy.

IMPORTANT: It is the Customer’s responsibility to keep their contact information up to date. PATOU disclaims all liability should a delivery not be made due to an error in the Customer’s contact information.

Article 9: Force Majeure

The performance by the Vendor of all or part of its obligations will be suspended in the event of a fortuitous or force majeure event that obstructs or delays its performance. The Vendor will not bear any responsibility for this suspension.

Article 10: Disputes - Applicable Law

These T&C are governed by and subject to the laws of New South Wales, Australia.

In the event of a dispute, the Customer may if they wish, use of any alternative dispute resolution mechanism including a mediation procedure, to reach a non-judicial resolution to the dispute. The Customer is free to accept or refuse the use of mediation and, in the event of mediation, each party is free to accept or refuse the solution proposed by the mediator.

In the absence of a non-judicial solution or mediation, all disputes to which the purchase and Sale transactions concluded pursuant to these Terms and Conditions of Sale may give rise, in respect of their validity, interpretation, performance, cancellation, consequences and follow-up, will be referred to the courts with jurisdiction.

Article 11: Various

11.1 Partial Non-validity

If one or more of the provisions of these T&C are judged invalid or declared as such pursuant to an applicable law, regulation, or following a final decision of a court with jurisdiction, the other provisions will retain all their force and scope.

11.2 Non-waiver

Should one of the Parties not require the other Party to perform any of the obligations provided for in these T&C, this will not be construed for the future as a waiver of the obligation in question.

Terms and Conditions of Use

Purpose of the General Terms and Conditions of Use

Access to the Website and use of the Website content are governed by these general terms and conditions of use (hereinafter the “GTCU”).

The purpose of these GTCU is to establish the terms and conditions for use of the Website and the user’s rights and obligations.

Please read these GTCU carefully before using this Website. By accessing the Website, you agree to comply with these GTCU, which apply to all of the services available on the Website, each time you visit the Website.

Accordingly, you must agree to these GTCU in their entirety, without reservation, before using the Website. If you do not, you shall not use the Website.

PATOU retains the right to update or modify the information and content of the Website, including these GTCU, without notice, at any time. Any change will take effect from the time of publication. Such changes are deemed to be agreed to, without reservation, by any user who accesses the Website after the changes are published online. We advise you to reread the GTCU regularly in order to stay informed of any such changes. Nonetheless, you will be notified of any substantial change.

Access to the Website

Access to the Website is free of charge. Charges for access to and use of the telecommunication network shall remain the responsibility of the user, under the terms and conditions determined by access providers and telecommunications operators.

Intellectual Property

This entire Website is subject to international legislation on copyright, trademarks and intellectual property more generally, in respect of both its form (choice, site map, arrangement of subjects, methods of accessing data, databases or any organization of data, etc.) and each of the components of its content (trademarks, texts, images, videos, etc.). That content, which appears on the pages of this Website, is the exclusive property of PATOU and its contributors, who grant no license or any right other than the right to visit the Website. Reproduction of any content published on the Website is authorized only for informational purposes to the extent that it is intended solely for personal and private use. Any reproduction, extraction or use of content for other purposes is expressly prohibited. In exceptional cases, certain content (texts, images) remains the property of its respective authors but is still subject to the same rules and restrictions as the content referred to above.

The use of all or part of the Website, in particular arising from the download, reproduction, transmission or performance, for purposes other than for personal and private use for a non-commercial purpose is strictly prohibited. Anyone who violates these provisions shall be liable both for copyright infringement (and trademark counterfeiting.

Hypertext links to any of the pages or elements of the Website may be created only with our prior written authorization, which may be revoked at any time. Websites that have a hypertext link to the Website or to any of its elements are not under the control of PATOU and PATOU declines any responsibility (in particular editorial responsibility) arising from the access to, and the content of, such websites.

The Website may feature links to other websites or other Internet sources. Since PATOU cannot control those external websites or sources, PATOU shall not be held liable for having made those websites and external sources available and declines any liability arising from the content, advertisements, products, services or any other information or data that is available on or via those external websites or sources. Additionally, PATOU shall not be held liable for any actual or alleged damage or losses caused by or arising from the use of or reliance on the content, products or services available on those external websites or sources.

Obligations of the User

You agree not to (a) use or permit the misuse of the Website or the use of the Website for unlawful, fraudulent or malicious purposes, in particular, but without limiting the generality of the foregoing: (i) by hacking the Website or introducing malware, including viruses, or harmful data into the Website or any operating system; (ii) by using a web crawler or any other system, device or program (whether automated or otherwise) to extract data or information from PATOU’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) by interfering with or damaging the integrity or performance of the Website and the data it contains; (v) by attempting to obtain unauthorized access to the Website or to its associated systems or networks; or (vi) by attempting to obtain unauthorized access to the accounts or personal information of other users.

PATOU may, at any time and for any reason, implement any measure to terminate, without notice, the use of the Website by any visitor that violates these GTCU, without prejudice to any damages that PATOU retains the right to claim from such a visitor in that regard.

Liability of Patou

PATOU will make its best efforts to ensure that the information published on the Website is accurate and up to date. PATOU reserves the right to correct that information at any time and without notice.

Where permitted by applicable law, we may not be held liable for:

- any vagueness, inaccuracy or omission in connection with the information available on the Website, or

- any damage resulting from an intrusion by a third party leading to the alteration of the information published on the Website or making access impossible.

ADDITIONALLY, PATOU DOES NOT GUARANTEE THE CONTINUOUS OPERATION OF THE WEBSITE OR warrant THAT IT WILL BE FREE OF BUGS OR VIRUSES. IN THIS REGARD, THE USER REPRESENTS THAT he or she AGREEs TO THE CHARACTERISTICS AND LIMITATIONS INHERENT TO THE Internet.

Availability; Maintenance

PATOU will make its best efforts to maintain the Website at a reasonable level of functioning and availability. PATOU reserves the right to limit access to the Website and use of the Website by the user at any time, without notice, in order to carry out maintenance or make changes. PATOU shall not be liable in the event that access is interrupted as a result of such maintenance or update.

Personal Information

PATOU will protect the personal data of Website visitors and customers. PATOU invites Website customers and visitors to read the Personal Data Protection Policy, which includes provisions for the methods by which their personal data is collected, processed, used, transmitted, retained and protected.

Minors

The Website is not designed for children and PATOU does not intentionally collect information on the Website from children. By using this Website, you represent, acknowledge and agree that you are at least the legal age of consent in your country, or if you are less than the legal age of consent in your country but more than 13 (a “Minor”), that you are using the Website with the consent of your parents or legal guardian and that you have received your parents’ or legal guardian’s permission to use the Website and agree to these GTCU. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these GTCU and to fully indemnify and hold harmless PATOU if the Minor breaches any of these GTCU. If you are not at least 13 years old, you may not use the Website at any time or in any manner or submit any information to PATOU or the Website. If PATOU discovers that a child under 13 has provided with personal information, such information will be deleted from the systems and associated account.

Applicable Law; Language

Subject to any other applicable mandatory laws, these GTCU are governed by and subject to the laws of New South Wales, Australia..

Reporting Inappropriate Content

You can report any content that you find inappropriate to the following address: information@patou.fr