General terms & conditions

These terms apply to all users of papillonrebelle.com and their sub-domains (henceforth: the Site). The terms and conditions will be valid for all your future transactions with Papillon Rebelle (henceforth: Papillon Rebelle; may be referred to as ’us’) and visits to the Site. Papillon Rebelle reserves the right to revise these terms and conditions. The date of the latest update is found in the final section of the terms and conditions. Users are responsible for keeping themselves updated with such changes.

 

Disclaimer

We cannot guarantee that colors on the website will be true to life. This depends partly on the color settings of your computer and monitor. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Papillon Rebelle does not guarantee that all items included in the Papillon Rebelle web shop are in stock at the time of your order. In the event that an item is unavailable Papillon Rebelle will contact you shortly by phone or by e-mail. Papillon Rebelle cannot promise that the content of the Site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. Papillon Rebelle may, at any time, amend the content of the Site. Although Papillon Rebelle strives to display the correct texts, images and pricing on the Site and web shop, errors may occur. Papillon Rebelle cannot be held responsible for any damaged caused from using the Site or, for that matter, not being able to use the Site. Papillon Rebelle cannot guarantee problem-free, uninterrupted, and secure access to the Site.

 

Pricing

Prices shown on the Site are in Euros or other currencies and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.

All prices and offers remain valid as advertised from time to time. The prices of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served, as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

Sale

Papillon Rebelle is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Papillon Rebelle account in the form of a store credit, which will be valid for 12 months. 
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

Order acceptance

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

If you have been charged the wrong amount in the web shop, Papillon Rebelle will give you the option of placing a new order with the correct price or canceling your order. Papillon Rebelle, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

Payment

We accept Visa, MasterCard, American Express and Maestro, and any other methods. Payment will be debited and cleared from your account upon dispatch of your order Papillon Rebelle. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Papillon Rebelle, we will not be liable for any delay or non-delivery.

We take reasonable care to make our website secure. All credit/debit card transactions on this site are processed using Mollie, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Papillon Rebelle user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions, which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Papillon Rebelle uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

Cancelling / Returning your order

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order. Please email info@papillonrebelle.com

We will issue you with a full refund excluding the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Items should be returned unused and with all Papillon Rebelle garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to you and/or a refund refused. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 10 days of us receiving your cancellation product in good order.

Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order

 

Privacy policy

All personal information saved at the Site will be handled with the most utmost care. The information that we store will not be sold or used for any purposes other than ensuring the best service possible. It will solely be used for informing you about special offers and other marketing opportunities related to the different divisions of Papillon Rebelle. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purposes described above. When registering with the Site, you have the option not to receive any information from Papillon Rebelle. If you wish to end your Papillon Rebelle subscription, you may make the changes in your account settings or send an email to info@papillonrebelle.com. State your name and email address and a short description of the matter in the email message. You have the right to review your information on file at any time. This can be accessed by emailing info@papillonrebelle.com. If the data is incomplete or incorrect, you have the right to have the information corrected. All customers paying by card are subject to validation checks. Papillon Rebelle reserves the right to delay any order if fraud is suspected. For security reasons, we do not store any payment information in our database.

 

Cookies

Cookies are used on the Site to improve your browsing experience. In addition to use for statistical purposes, a cookie identifies your computer and allows the Site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The web shop cannot be accessed if cookies are disabled.

 

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Papillon Rebelle tries to ensure that the information on this site is accurate and complete. Papillon Rebelle does not promise that Papillon Rebelle’s Content is accurate or error-free.

 

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

TERMS & CONDITIONS FOR WHOLESALERS

Our Contract With You

1.1 These are the terms and conditions (the “Terms”) on which we, Papillon Rebelle (company number 53214226) whose registered office is at Amsterdam, Ijburglaan 639 (“We”, “Us” and “Our”) supply any of Our products (the “Products”) detailed on Our website at www.papillonrebelle.com (the “Site”) to you, in your capacity as a retailer, whether you operate your business via a physical retail shop or e-commerce website.

1.2 We may ask you to prove the existence of your business and the sales methods that you use in order for Us to establish that you are a retailer. This may include, amongst other things, your providing to Us the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which you operate your own e-commerce enabled web store.

1.3 You confirm that you have authority to bind any business or company on whose behalf you use Our Site to order and purchase Products.

1.4 These Terms will apply to any contract between Us for the sale of Products to you and replace and supersedes any previous terms and conditions. We reserve the right to revise these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1.5 We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. While We accept responsibility for statements and representation made by Our duly authorized employees and agents, please ensure that you ask for any variations from these Terms to be confirmed to you in writing to avoid any confusion between us. If you think that there is a mistake or require any changes to be made to these Terms, please contact Us to discuss this as soon as possible.

1.6 Please read these Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate, before you confirm you place an order for Products with Use by making payment to Us in accordance with these Terms. You are responsible for all information provided to Us in relation to the products ordered and We shall not be responsible for any errors or missing information in the details that We receive from you.

1.7 We shall confirm your eligibility as a retailer of Our Products in writing and these Terms shall apply in respect of any orders for Products that you place with Us. If you do not meet Our eligibility requirements as a retailer Our terms and conditions of supply in respect of consumers shall apply to any orders for Products that you place with Us.

1.8 We may at Our sole discretion apply a discount on very large Orders made by you which We shall notify to you in writing at the relevant time.

 

2 Ordering Products

2.1 Your order for Products is made when you submit to Us by email at info@papillonrebelle.com, or trough or Agents confirmation in respect of the each Product that you wish to order from Us, including the following details: (1) the colour; (2) the choice of style; (3) the size; (4) the shipping destination; and (5) the date by which the Products is are required (the “Order”). By submitting your Order, this does not mean that We have accepted it. Our acceptance of the Order will take place as described in clause 2.5.

2.2 There is a minimum order quantity of 10 (per style & color) Products (“MOQ”) in respect of trade orders. We reserve the right to introduce an MOQ without notice although We will endeavor to give notice of any proposed changes in this respect.

2.3 In addition to the provisions of clause 2.2, if you are based in the The Netherlands  as mainland and wish to place an order for Products with Us which is less than the MOQ, We may at Our sole discretion process accept an order of 10 Products if they are mostly from Our existing stock items. If you require a current stock list from Us at any time, please request a copy in writing and We will send you a stock file by email from which you may select Products to order.

2.4 If We are unable to supply you with any Product(s) ordered or if We are unable to comply with the time scale set out in your Order, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid in respect of the relevant Products as soon as is reasonably practicable, where you have already paid for the Products.

2.5 Once your Order is received by Us, it will be added to Our workflow system list for the next available day and scheduled for crafting. We will email you with confirmation of your Order and request that you confirm the details to Us in writing. We will also notify you by email at the time of sending the Invoice of any customizations requested by you that may take a considerable amount of time to fulfill.

2.6 Once you have confirmed that the Order details that We have are correct, We will provide you with an estimated dispatch and delivery date. Please note that any dispatch and/or delivery date provided are estimates only and the time of delivery is not of the essence.

2.7 We endeavor to meet the following delivery time estimates for completion of the entirety of your Order, but at busy times and depending upon the number and extent of customizations required, deliveries may take longer:

2.7.1 up to 100 Products, around 3-6 weeks from the date of your Order;

2.7.2 up to 250 Products, around 3-6 weeks from the date of your Order;

2.7.3 up to 500 Products, around 4-6 weeks from the date of your Order; and

2.7.4 over 500 Products, around 5-7 weeks from the date of your Order.

2.8 Once your Products are ready to be dispatched, We will confirm and accept your Order in writing by replying to your email and sending you an electronic copy invoice (the “Invoice”). The Invoice will confirm the details of your Order, an order number and the amount payable by you in respect of your Order, together with any delivery or other charges applicable to your Order in accordance with clause 3.3 and/or clause 4. Please check the details set out in the Invoice as We shall not be responsible for any errors or missing information once the Order is confirmed by you. Please quote the Order number in all subsequent correspondence with Us relating to the Order. The Invoice will also confirm the options available to you for making payment in respect of your Order which include secure online payment by credit or debit card, bank transfer or cheque, in accordance with clause 810.

2.9 The Invoice provided will only relate to Products that are ready to be dispatched to you in this shipment. Where some Products from your Order can not be crafted or are not ready for dispatch for whatever reason, they will be added to your next Order or shipment.

2.10 We will endeavor to confirm your Order and issue the Invoice within 24 hours of receipt by Us of an Order, or less if the Order is received within normal working hours in The Netherlands (the “NL”). However, please allow up to 48 hours for Us to check and process your Order, and up to 72 hours where an Order is placed over a weekend or public holiday.

2.11 Subject to clause 2.12 , once you receive the Invoice, We must receive payment in accordance with clause 10 should be made to Us promptly and in any event within 14 calendar days of your receipt of the Invoice in full for both the price of the Products ordered and any delivery or other applicable charges (if any) before We accept your Order. Once your Invoice is paid, then your Products will be dispatched to you in accordance with clause 4 scheduled for crafting and will be hand-crafted by Our team. The contract between Us will only be formed and these Terms will be deemed accepted by you once cleared payment from you is received by Us in respect of your Order including any delivery or other applicable charges.

2.12 At Our sole discretion, We may agree to provide credit to you in respect of any Products that you order from Us. In such circumstances, the provisions of clause 10 shall apply in respect of such Products.

2.13 Please tick the relevant checkbox when prompted to do so to confirm you accept these Terms and Our delivery and return and cancellation policies. If you refuse to accept these Terms and Our delivery and return and cancellation policies, you will not be able to order any Products from Our Site.

2.14 If any of these Terms conflict with any term of the Order, the Order will take priority.

2.15 You may make a change to the Order for Products insofar as they are not specially made to order at any time before We dispatch the Products by contacting Us, except in the case of made-to-measure Products. Where this means a change in the total price of the Products, We will notify you of the amended price in writing. You may be able to cancel the Order strictly in accordance with clause 11 in these circumstances.

2.16 We reserve the right to refuse or decline any Order at Our sole discretion.

2.17 Our Products come in many different leathers and finishes. We can supply you with some sample swatches following receipt of a request in writing from you.

 

3 Our Products

3.1 Our Site is solely for the promotion of Our Products and the images of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colors accurately, We cannot guarantee that your computer’s display of the colors accurately reflect the colour of the Products. The Products that you receive from Us may vary slightly from those images.

3.2 Although We have made every effort to be as accurate as possible, because Our Skirts are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our Site have a 2% tolerance. In addition, you should note that We cannot guarantee a uniformed appearance to each Skirt as they are handmade and slight imperfections may occur. Color differences of 2% tolerance may occur since the materials are dyed by hand.

3.3 Once an Order for Products and payment in respect of it is received, the Order details will be added to the workflow system list for the next available day and the Products ordered will usually be crafted within 3 to 7 calendar days of Our receipt of payment from you for your Order, depending upon the customization options chosen by you.

 

4 Delivery Products

4.1 We will deliver the Product(s) ordered by you together with a hard copy of the Invoice, to the address which you give for delivery when you make your Order. If any of the details you have given to Us in your delivery address are incorrect, We are not liable for any items which have not been or are not received.

4.2 Each delivery of Products will be accompanied by a delivery note which shows the date of the Order, all relevant Order numbers, the type and quantity of the Products (including the Product code number where applicable), special storage instructions (if any) and if the Order is being delivered in installments, the outstanding balance of Products remaining to be delivered.

4.3 Please note that time scales for delivery and delivery charges will vary depending on the availability of the Products and your address. Our Products are delivered worldwide, but Our workshops are based solely in Europe and Azia. Please allow extra time for deliveries to be made outside Europe.

4.4 Once an Order has been shipped, you will receive an email from Us notifying you of the dispatch of the Product(s) (the “Dispatch Notification Email”). All Products are shipped using a fully traceable carrier and you will be provided the relevant shipping and tracking details in Our Dispatch Notification Email to enable you to track the Products being shipped.

4.5 Deliveries within the NL are shipped using Post NL overnight couriers and generally arrive at their destination on the next working day following Our issuing of the Dispatch Notification Email.

4.6 International orders are sent using Post NL or DHL.

4.7 Our experience is that when using DHL, deliveries to the United States of America and Central Europe usually take about 2-3 working days to arrive at their destination; deliveries to Eastern Europe and Asia usually take about 4-5 working days to arrive at their destination; and deliveries to Australasia and South America usually take about 5-7 working days to arrive at their destination. Working days means that Saturdays, Sundays or public holidays are not included in this period.

4.8 When using Our standard delivery service, please allow between 10 and 14 calendar days for delivery of your Order.

4.9 Where you require your Order to be delivered quicker than Our standard delivery service We also operate a priority service at an additional charge which you can request when placing your Order. We will confirm any requested prioritized dispatch and cost to you on the relevant Invoice.

4.10 When placing an Order with Us, you can supply Us with delivery instructions such as “leave the Products with our neighbor at number 82, if no answer” and We will pass these instructions on to the courier on your behalf.

4.11 The courier will call you on the contact number (if any) that you provided when placing your Order if they have any issues with making delivery of any Product. A signature is required in order to make and take delivery of the Products.

4.12 All deliveries are scheduled for weekday delivery unless requested otherwise by you when placing your Order. Please speak to Our customer services team if you require a quote for a Saturday delivery.

4.13 If no one is available at your address (or at any alternative address notified by you when placing the Order) to take delivery of the Product(s) the courier will leave you a note at the address set out in the Order to confirm that they have attempted to deliver the Product(s) and requesting that you contact them to rearrange delivery.

4.14 Occasionally Our delivery to you may be affected by an Event Outside Our Control (as defined in clause 12.214.2). If We are unable to meet the estimated delivery date because of an Event Outside Our Control, We will contact you with a revised estimated delivery date.

4.15 Delivery of an Order shall be completed when We deliver the Product(s) to the address (or at any alternative address) that you gave Us in your Order.

4.16 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in installments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in installments, We may charge you extra delivery costs. Each installment shall constitute a separate contract governed by these Terms. If We are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installmen.

4.17 The Product(s) will be your responsibility and owned by you from the point at which We or the courier first attempt delivery, whether you (or any nominated alternative) take delivery or not.

4.18 Where any Product is to be delivered internationally you will be responsible for any and all tax, duties and/or any other amounts payable in respect of the shipping of the Product(s) into the relevant country.

 

5 Goodwill and guarantee of products

5.1 As a gesture of goodwill, once a Product has been delivered to you, if you require any adjustments to be made to it, We will wherever possible but at Our sole discretion, carry out such adjustments free of charge. If We determine that a charge will be applicable to any such adjustments, We will notify you by email before carrying out any work or adjustment in respect of the Product. Any charges payable shall be such amount as We shall determine at our sole discretion is appropriate and shall be payable in accordance with clause 8 and before any work is undertaken by Us.

5.2 If you are not entirely satisfied with a Product for any reason, you may return it to Us at your own cost within 21 calendar days of receipt if you send Us the proof of purchase. We will refund you the price you paid for the Product once We have received the Product back in a sale-able condition.

5.3 Following your receipt of the Products, you will have a period of 72 hours to check for any defects, faults or errors in respect of the Products delivered and to notify Us that you will be returning any Products to Us and the reason for any such returns.

5.4 If you fail to notify Us within the 72 hour period referred to in clause 5.3 that you intend to return any Products to Us, We are under no obligation to accept the return of any such Products from you, but where We do accept their return We do so at Our sole discretion and on such terms as We shall specify to you in writing.

5.5 In respect of your first Order only, as a gesture of goodwill, We may (at Our sole discretion) accept your Order on a sale or return basis, provided that any Products returned to Us are returned in accordance with clause 9.

5.6 If you return any Product to Us, for any reason other than misdescription or fault, where We agree to accept the return of the Product, We may deduct an amount that We consider at Our sole discretion is appropriate from the amount of the refund payable to you. We will notify you of the amount of any deduction that will make and the amount of the refund that We will pay to you, before making any such payment. Any refund payable to you shall be made in accordance with clause 9.810.7.

 

6 Risk and title

6.1 Risk and responsibility for the Products shall pass to you from the point at which We or the courier first attempt delivery, whether or not you (or any nominated alternative) take delivery or not.

6.2 Title to the Products shall not pass to you until We have received payment in full (in cash or cleared funds) for:

6.2.1 all the Products in respect of the delivery ; and

6.2.2 any applicable delivery or other charges.

6.3 Until title to the Products has passed to you, you shall:

6.3.1 hold the Products on a fiduciary basis as Our bailee;

6.3.2 store the Products separately from all other goods held by you so that they remain readily identifiable as Our property;

6.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;

6.3.4 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery (or attempted delivery);

6.3.5 notify Us immediately if it becomes subject to any of the events listed in clause 8.2; and

6.3.6 give Us such information relating to the Products as We may require from time to time,but you may resell or use the Products in the ordinary course of business.

6.4 If, before title to the Products pass to you, you become subject to any of the events listed in clause 8.2, or if We reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold and without limiting any other right or remedy that We may have (including those rights set out in clause 7.1), We may at any time require you to deliver up any Products that you hold and, if you fail to do so promptly, enter any of your premises or of any third party where the Products are stored in order to recover them.

 

7 Insolvency or Incapacity

7.1 If you become subject to any of the events listed in clause 7.2 , or We reasonably believe that you are about to become subject to any of them and We notify you accordingly, then, without limiting any other right or remedy available to Us, We may cancel or suspend all further deliveries under these Terms or under any other contract between you and Us without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due and payable.

7.2 For the purposes of clause 7.1 , the relevant events are:

7.2.1 you suspend, or threaten to suspend, payment of your debts, or you being unable to pay your debts as they fall due or you admit inability to pay your debts, or (being a company) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) you have any partner to whom any of the foregoing apply;

7.2.2 you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with any of your creditors;

7.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;

7.2.4 (being an individual) you are the subject of a bankruptcy petition or order;

7.2.5 any of your creditors or encumbrances attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;

7.2.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;

7.2.7 (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;

7.2.8 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 7.2.1 to clause 7.2.8 (inclusive);

7.2.10 you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business;

7.2.11 your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfill your obligations under these Terms has been placed in jeopardy; and

7.2.12 (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

7.3 Termination of these Terms and any contract between us , however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of these Terms and any contract between us shall continue in full force and effect.

 

8 Return of products

8.1 Where you are returning a Product all postage related charges in respect of international returns are payable by you.

8.2 When returning a Product, please ensure that it is in a securely wrapped parcel with suitable packaging to ensure that the Product does not get damaged in transit whilst being returned. All strapping should be tucked neatly inside the Product and not twisted. You should include written details with the Product being returned that clearly shows your order number, name and address, the reason for the return of the Product (e.g. “It’s too big/small” or “The colour looks different” etc.) and the action you would like Us to take (e.g. “I’d like a smaller size”, “I’d like the same satchel in a darker brown”, “I’d like a refund” etc.).

8.3 Should a Product be received which is not suitably packed for transit We reserve the right to refuse a refund or repair on the grounds that insufficient care has been taken to return the Product to us. If you have returned the Product for a refund, We may decide against this if we are unable to repair and resell. If you have returned the item for repair, We will attempt to complete all repairs as expected, but We may charge for repairs caused by damage in transit (in addition to any charges we have quoted to your for repair, if that is what you have returned the item to us for). We will contact you if that is the case and gain your agreement to full payment before we commence the work.

8.4 When returning the Product, always ensure that you obtain a receipt or proof of posting from the relevant delivery agent so that if the Product does not arrive with Us, you can prove that it was actually posted back to Us and when.

8.5 Products can be returned to the following address:

Papillon Rebelle

Ijburglaan 639

1087 BS Amsterdam

The Netherlands

8.6 Once the Product is received by Us, We will confirm this to you via email within 48 hours of Our receipt and the actions that We will take. If you have any queries regarding the Product returned, please do not hesitate to contact Us and We will endeavor to assist you.

8.7 Exchanges and repairs are usually processed within 10-14 calendar days of Our receipt of the returned Product, but please allow up to 31 calendar days depending upon the exact issue. Most refunds are processed within just a few days of Our receipt of the returned Product, but please allow up to 21 calendar days from the date of Our receipt of the returned Product. Any refund payable to you shall be made in accordance with clause 10.89.8.

8.8 Once you decide to return a Product to Us for whatever reason, the item is your responsibility until it reaches Us and you must not use it and must take reasonable care of it while it remains in your possession. The Product must be returned to Us in a salable condition as received by you, intact and undamaged as soon as is reasonably possible but in any event within 7 calendar days of your receipt of delivery.

8.9 For your own protection, We recommend that you send the Product back to Us using a delivery service that insures you for the value of the Product as We cannot be held responsible for any items damaged or lost in the post.

 

9 Price and Payment

9.1 The price of the Products will be as quoted on Our Site from time to time. Our prices may change from time to time, but price changes will not affect any Order(s) that We have confirmed with you.

9.2 These prices include VAT (where applicable) at the current rates. However, if the rate of VAT changes between the date of the Order and the date of your payment of the Invoice, We will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.

9.3 The prices for the Products exclude any delivery costs (if applicable), which will be added to the total amount due. Our delivery charges are as set out in these Terms and will be confirmed in the Invoice issued to you.

9.4 It is always possible that, despite Our best efforts, some of the Products or delivery costs We sell may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that, where the Products’ correct price or the delivery cost is less than Our stated price, We will charge the lower amount when dispatching the Products to you. If the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a misprizing, We do not have to provide the Products or send them to you at the incorrect (lower) price. If the Product’s correct price or the delivery cost is higher than the price stated in Our Site or in these Terms, We will contact you as soon as possible to tell you about the error and We will give you the option of continuing to purchase the Products at the correct price or amending your delivery specification (where the misprizing relates to delivery charges), or cancelling your Order. We will not process your Order until We have your instructions. If We are unable to contact you using the contact details you provided during the order process, We will treat the Order as cancelled and notify you in writing. We will refund you the full amount paid by you as soon as is reasonable if you have already made a payment to Us.

9.5 You may pay for Products using the following methods:

9.5.1 a debit or credit card (We accept all major credit and debit cards); or PayPal; or

9.5.2  a digital transfer direct to Our bank account (details of which are available on request).

9.6 Subject to clause 2.11, Payment for the Products and all applicable delivery charges is required to be made before your Order is accepted dispatched by Us and in advance of Our starting to manufacture the Product(s).

9.7 Any charges or fees payable to any financial institution or bank for processing payment in respect of your Order are your responsibility and must be paid by you. Any refund payable by Us to you will not include an amount in respect of any such charges or fees.

9.8 Where any credit is provided to you by Us pursuant to clause 2.11 , you shall pay the Invoice in full and in cleared funds in accordance with the terms of credit set out on the Invoice or as otherwise agreed between us in writing and the provisions of this clause 9 in respect of payment generally.

9.9 Time of payment shall be of the essence in respect of any payments to be made by you to Us pursuant to these Terms.

9.10 If you fail to make payment due to Us on the due date for payment (the “ Due Date”), then you shall pay interest on the overdue amount at the rate of 4% per annum above the base rate of Lloyds Bank plc from time to time. Such interest will accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement. You shall be required to pay the interest together with the overdue amount.

9.11 You shall pay all amounts due under these Terms and any contract with Us in full and without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by you against any amount payable by Us to you.

 

10 Your obligation to us

10.1 We shall notify you of Our wholesale pricing tables from time to time which set out:

10.1.1 the minimum recommended price of Our Products (the “MRP”) which is the minimum price for which you are permitted to sell Our Products without Our express prior permission in writing. The MRP is the price that We sell the Products for when consumers contact Us direct (plus an amount in respect of any duties, taxes or shipping that are applicable);and

10.1.2 the recommended retail price of Our Products (the “RRP”) which is the price that We recommend you sell the Products for on the high street outside of the UK.

10.2 You may sell Products for a price in excess of the MRP, but you are not permitted to sell any Products for less than the MRP without Our express prior written permission because, amongst other things, it may damage Our brand.

10.3 You agree , undertake and covenant to Us that where you intend to sell any of Our Products to any third party, you shall:

10.3.1 not apply any discounts or sales to, or in respect of , any of Our Products unless agreed with Us in writing in advance;

10.3.2 confirm to Us in writing the names of any businesses or individuals or other resellers (the “Resellers”) who are intending to or will sell Our Products on to any third party and update Us as and when any new Resellers place any orders or requests for Our Products with you. You require Our express permission to sell Our Products on any third party website or sales channels;

10.3.3 where We notify you of any list of Resellers, businesses or individuals who We do not want you to sell Our Products to (for whatever reason and at Our sole discretion), including at the date of these Terms, Amazon, eBay, Etsy and Gumtree, immediately cease to make sales or provide any of Our Products to such Resellers, individuals or businesses, including for the avoidance of doubt, the fulfillment of any outstanding orders or the provision of any samples or gifts to them; and

10.4 Where you fail to comply with the provisions of clause 10.1 to clause 10.3 (inclusive), We may and reserve the right at Our sole discretion to give you a warning for your failure to comply with those provisions and/or cease providing you with any of Our Products and Our trading relationship with you.

 

11 Information about us and how to contact us

11.1 If you have any questions or if you have any complaints, please contact Us by telephoning Our customer service team at +31 (0)681438126 email Us at info@papillonrebelle.com.

We will confirm receipt of any such notice by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in the Order process. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

 

12 How we may use your personal information

12.1 We will use the personal information you provide to Us to:

12.1.1 provide the Products;

12.1.2 process your payment for such Products; and

12.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us in writing.

12.2 We will not give your personal data to any other third party.

 

13 Intellectual property rights

13.1 The Site design and all intellectual property rights in the Site, including all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are either the property of, or used with permission by, Us and are protected by copyright, trademark and other laws and may not be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for in these Terms and unless you obtain the prior written consent of the owner of such material. All such rights are reserved.

13.2 Our status (and that of any identified contributors) as the author s of material on the Site must always be acknowledged.

13.3 The copyright in any translation of any materials on the Site shall be are owned by Us, however loose and including a gist or précis, shall remain Our property.

13.4 You may not modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

13.5 Certain trademarks, trade names, service marks and logos used or displayed on the Site are Our registered and unregistered trademarks, trade names and service marks. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppal, or otherwise, any license or right to use any trademarks, trade names or logos displayed on the Site without Our written consent or the written consent of such third party owner.

13.6 If you print off, copy , translate or download any part of the Site or the materials displayed on it in breach of these Terms, your right to use the Site will immediately cease and you must, at Our option, return or destroy any copies of the materials that you have made.

 

14 Other important terms

14.1 We may transfer, assign, charge, subcontract or deal in any other manner with all or any of Our rights and obligations under these Terms to another organization but this will not affect your rights or Our obligations under these Terms. You may only transfer, assign, charge, subcontract or deal in any other manner with all or any of your rights or your obligations under these Terms to another person if We agree in writing.

14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision or part-provision shall, to the extent required, be deemed or deleted, and the remaining paragraphs will remain in full force and effect.

14.4 If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

14.5 A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.6 Except as set out in these Terms, any variation to these Terms shall only be valid and binding when agreed and confirmed in writing by Us.

14.7 These Terms are governed by Dutch law and any contract for the purchase of Products between Us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) will be governed by Dutch law.

14.8 You and We both agree to submit to the exclusive jurisdiction of the Dutch courts however, We reserve the right to bring proceedings against customers in the countries of their residence.