www.pageantfactory.com

This site is published by:

The company PAGEANT FACTORY, SASU with a capital of 100 euros,

Registered office: 21 rue Henri Barbusse, in Aniche (59 580)

Registered with the Douai Trade and Companies Register under the SIRET number 92299939600018

VAT number: FR19922999396

Site manager: Mrs. Mélanie LaPuce, email: contact@pageantfactory.com

Article 1 – Purpose

These general terms and conditions of sale (CVG) described below detail all the rights and obligations of the company PAGEANT FACTORY and its customer in the context of the sale of the following goods and/or services:

The sale in all its forms of any material, consumables, clothing and accessories, as well as items in particular but not exclusively related to beauty contests.

The GTC apply to all sales concluded by PAGEANT FACTORY (“the Seller”) to buyers who are consumers (“the Customer”) wishing to acquire for their personal use the products and/or services offered for sale by the Seller (“the Products”) on the www.pageantfactory.com website  (“the Website”).

The Seller reserves the right to refuse orders for the same Product in large quantities.

The products presented on the Website are offered for sale in the following territories: France, Europe and the World.

Any service provided by PAGEANT FACTORY therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.

Article 2 – Champ d’application

The GTC specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Client.

The Products offered for sale on the Website are the following:

• Evening dresses, cocktail dresses, suits
• Shoes
• Accessories to match the outfits
• Other items needed for beauty pageants

They are the subject of a detailed description specifying their main characteristics and in particular the compositions, dimensions, maintenance instructions and illustrations on the Website. The Client is required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller.

The GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.

The customer declares that he or she has read the GTC and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general terms and conditions of use of the Website.

As these GTC may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.

Article 3 – Orders

3.1 Process

It is the Customer’s responsibility to select the Products they wish to order on the Website, according to the following terms:

• Registration on the site and creation of a customer account or identification with an existing account;
• Browsing the site and placing the desired products in the basket by indicating the desired quantities;
• Summary of the basket mentioning the prices excluding and including VAT, the amount of VAT;
• Information related to billing and shipping addresses and validation of addresses;
• Acceptance of the T&Cs;
• Validation of the pre-contractual information made available;
• Choice of payment;
• Payment validation.

3.2 Product Availability

Product offers are valid, in the absence of a specific duration, as long as they are visible on the site, within the limit of available stock. When the Products are no longer available or awaiting restocking, the Customer will be notified within 48 hours and will have the option to request a refund or wait for restocking.

In the event of a refund, the Customer will be reimbursed according to the same payment method as that used for the payment. Some Products are only available by specific order. This information is mentioned in the product sheet. The applicable delivery times are brought to the attention of the Client within 24 hours of the order.

3.3 Validation

The sale will only be considered final after the Seller has sent the Seller confirmation of the acceptance of the order by e-mail to the Client and after the latter has received the full price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Customer will be informed of the progress of his order by email.

4. Sale price

The selling prices of the Products are those in force on the day the order is placed. They are denominated in euros, excluding taxes. As a result, they will be increased by the VAT rate and transport costs applicable on the day of the order and mentioned before validation of the order and invoiced in addition.

The total amount due by the Customer is indicated on the order confirmation page.

PAGEANT FACTORY reserves the right to modify its prices at any time. However, it undertakes to invoice the Products ordered at the prices indicated when the order was registered by the Seller. The prices take into account any discounts that may be granted by the Seller on the Website. An invoice is drawn up by the Seller and given to the Client upon delivery of the Products ordered.

No discount will be granted in case of early payment.

5. Payment Terms

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by credit cards: Visa, MasterCard, American Express, other credit cards (such as Ecard bleue).

Payment data is exchanged in encrypted mode using the SSL (Secure Sockets Layer) protocol through the banking application and/or the banking solution of the company PAGEANT FACTORY, or through the STRIPE application.

The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Client. No additional fees, in excess of the costs incurred by the Seller for the use of a means of payment, may be charged to the Client.

6. Late payment

In the event of total or partial non-payment of the Products delivered on the day of receipt, the buyer must pay PAGEANT FACTORY a late payment penalty equal to three times the legal interest rate.

The legal interest rate is the one in force on the day of delivery of the Products. This penalty is calculated on the amount of the outstanding amount, including VAT, and runs from the due date of the price without any prior formal notice being necessary.

6.1 Termination clause

If, within fifteen days of the implementation of the “Late payment” clause, the buyer has not paid the remaining sums due, the sale will be cancelled by operation of law and may give rise to the right to the award of damages in favour of the company PAGEANT FACTORY.

7. Shippings

The Products ordered by the Client will be delivered anywhere in the world, to the address indicated by the Client when placing an order on the Website.

Delivery is the transfer to Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The delivery times are, for all orders placed from Monday to Friday before 11 a.m. and excluding public holiday bears, as follows:

	TIMES
Colissimo Access France Metropolitan France Discount without signature	D+2
Colissimo Expert France Métropolitaine Relise against signature	D+2
Chronopost J+13	D+1
Chronopost Europe	D+3
Chronopost World	D+4
Shop2Shop	D+4
Mondial Relay	D+3
Parcel Relay	D+3

It should be noted that the deadlines run from the date of deposit at the dispatch centre, i.e. at least 48 hours after the order and the validation of the payment.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the deadlines specified above. However, these deadlines are provided for information purposes only and are in no way guaranteed. Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the buyer to:

• The award of damages,
• Cancellation of the order.

If the Products ordered have not been delivered within six (6) working days after the delivery date defined by application of the indicative deadlines mentioned above, for any reason other than force majeure or the Client’s act, the sale may be cancelled at the written request of the Client under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

7.1 The risk of transport is borne in full by the Buyer.

In the event of goods missing or damaged during transport, the buyer must make all necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail with acknowledgement of receipt.

8. Transfer of Ownership – Transfer of Risk

The transfer of ownership of the Seller’s Products to the Client will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.

The company PAGEANT FACTORY retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, PAGEANT FACTORY reserves the right to claim, within the framework of the insolvency proceedings, the goods sold and remaining unpaid.

Regardless of the date of the transfer of ownership of the Products, the transfer of risk of loss and damage therein will only be realized at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s own risk.

9. Right of withdrawal

In accordance with the legal provisions in force, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify any reasons or incur any costs other than those of returning the Products, for the purpose of refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notification to the Seller of the Client’s decision to withdraw.

When the Products on the same order are delivered in instalments, the withdrawal period runs from the delivery of the last batch.

Some products that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene and health protection do not benefit from the right of withdrawal, in accordance with Article L221-28 5e of the Consumer Code.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on the Website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other unambiguous statement expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the standard delivery costs are refunded; the additional delivery costs paid by the Customer who has chosen another delivery method and the costs of returning the Products remain the responsibility of the Customer.

The refund will be made within a maximum of thirty days from the receipt by the Seller of the Products returned by the Client under the conditions set out in this article. The Seller uses the same means of payment as the one used by the Client for the initial transaction.

Practical information on exercising the right of withdrawal can be found on the Website under the heading “Information on the right of withdrawal”.

10. Seller’s Liability – Warranty

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.

The duration of the availability of the spare parts necessary for the repair of the goods is mentioned on the Website.

The Products supplied by the Seller benefit by operation of law and without additional payment, regardless of the right of withdrawal, from the legal guarantee of conformity under the conditions of Article L217-4 et seq. of the Consumer Code, for Products that are apparently defective, damaged or damaged or do not correspond to the order, from the legal guarantee against hidden defects resulting from a defect in material,  of design or manufacture affecting the products delivered and making them unfit for use, under the conditions provided for in articles 1641 et seq. of the Civil Code.

When acting as a legal guarantee of conformity, the consumer:

• has a period of two from the delivery of the property to take action
• may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L217-4 of the Consumer Code
• is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the purchase of the good

The legal guarantee of conformity applies regardless of any commercial guarantee granted. The terms and conditions for triggering the guarantees are recalled in the “Legal guarantees” section of the Website.

11. Data Protection

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions

Pursuant to Law No. 78-17 of 6 January 1978, it is recalled that the personal data that is requested from the Client is necessary for the processing of his order and the establishment of invoices in particular. This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders.

The processing of information communicated through the Website has been declared to the CNIL.

The Client has, at any time, the right to access, rectify and oppose all of his data by writing, by post and providing proof of his identity, to PAGEANT FACTORY, 21 rue Henri Barbusse, 59 580 Aniche.

12. Intellectual Property

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions

The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

13. Applicable law – Language

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions

The CVGs and the operations resulting from them are governed by and subject to French law.

The CVGs are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

14. Litigation – Consumer mediation

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions

All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under the conditions of ordinary law.

The Client is informed that he or she may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Article L534-7 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation for example) in the event of a dispute.

15. Pre-contractual information – Acceptance by the Client

The Products sold on the Website comply with the regulations in force in France relating to the safety and health of people, the fairness of commercial transactions

The Client acknowledges having been informed, prior to placing his order, in a legible and understandable manner, of the CVGs and all the information and information referred to in Articles L111-1 to L111-8, and in particular:

• the essential characteristics of the Product, taking into account the communication medium used and the product concerned;
• the price of the Products and any ancillary costs (e.g. delivery)
• in the absence of immediate performance of the contract, the date or period within which the Seller undertakes to deliver the Product;
• information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
• information relating to legal and contractual guarantees and their implementation;
• the functionalities of the digital content and, where applicable, its interoperability;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal (existence, conditions, deadline, method of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.

The fact that a natural (or legal) person orders on the Website implies full and complete acceptance of the GTC, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

Effective date and duration of the contract:

The contract takes effect from the date of signature of the special conditions and for a period of 12 months, unless otherwise stipulated in the special conditions and/or the specifications. At its expiry, in the absence of termination by one of the parties by registered letter with acknowledgement of receipt at least one month before the end of the term, the contract will be renewed for successive periods of one year each.

Force majeure:

The liability of the company <Company Name> cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Confidentiality:

All information, commercial or of any kind whatsoever, that one of the parties may have collected about the other party, in any form whatsoever and in particular orally, in particular during meetings and interviews, is confidential. Each party undertakes, on the one hand, not to disclose or communicate to anyone all or part of this confidential information and, on the other hand, to take all measures to ensure that this confidentiality is preserved.

Each party, as beneficiary, undertakes not to make any use of the confidential information for any purpose other than the performance of the contract. The parties undertake not to claim any industrial, literary or artistic property rights over the confidential information and the knowledge established from such confidential information. Documents of any kind provided by the parties remain the property of each party that provided them.

The parties undertake to return to each other, on request or in the event of termination of the contract, all documents, parts or products communicated and not to keep copies or reproductions of them. The obligations set out in this Article shall remain in force as long as the confidential information has not fallen into the public domain.

Non-solicitation of staff:

The parties shall refrain from engaging in their service, directly or indirectly, or from having a third party, directly or indirectly, having relations of any kind with one of the parties or carrying out an activity identical or similar to that of one of the parties, an employee of the other party during the term of the contract and for a period of twelve (12) months from its expiry,  regardless of the reasons for its termination or non-renewal.

The party who fails to comply with this obligation shall compensate the other party by paying damages corresponding to three (3) times the gross annual salary received by the employee or employee hired.

Stipulations diverses :

Any time limit set by these general terms and conditions expires on the last day at twenty-four hours. The period that would expire on a Saturday, Sunday, a public holiday or a non-working day is extended until the first following working day. In the event that one of the provisions of these general terms and conditions is considered null and void, it will be deemed unwritten and will not result in the nullity of other provisions.

Access to computerized information:

In accordance with Law No. 78-17 of 6 January 1978, the Client may request the communication of information concerning him or her and have it rectified.

Competent court:

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of DOUAI, France.