Polène - General terms and conditions of sale
Polène - General terms and conditions of sale
The following provisions lay out the general terms and conditions of sale regarding items for sale on the website www.polene-paris.com.
Hereinafter referred to as "Company",
The company La Cadette SAS
Simplified joint-stock company with a capital of €23,193
Registered with the Paris business and companies register under the number 810 940 528
The head office of which is located at 5 rue de la Rochefoucauld 75009 PARIS FRANCE
FR VAT N#: FR-0181940528
The publishing director is Antoine Mothay, legal representative of La Cadette SAS.E-mail: firstname.lastname@example.org
(Hereinafter "La Cadette SAS").
Any non-commercial, natural person who has reached the legal age of majority, having the legal capacity to enter a contract, (hereinafter "the customer") making a purchase on the website.
The website is hosted by Shopify Inc., 150 Elgin St, Office 800, Ottawa, Ontario, K2P 1L4, Canada.
Article 1. Object
The purpose of the present general terms and conditions of sale is to define the conditions for long-distance sales exclusively between the "Polène" brand, firstly, and, secondly, any non-commercial, natural person who has reached the legal age of majority (hereinafter "the customer") making a purchase on the site.
The present conditions are written in English. They especially specify the different steps necessary to the placement of the order by the customer, the conditions of payment and delivery, and the follow-up to the customer's order.
Article 2. Prices
The prices applied to the products are displayed on the website and confirmed with the customer upon confirming the order.
The prices of products are shown in Euros with VAT included for mainland France, excluding delivery costs; it being specified that the value-added tax is the current one in mainland France the day of validation of the order.
Also, the prices of our bags are the same worldwide which means that they exclude international taxes outside of France. French VAT is not applied to our products and therefore cannot be reimbursed following delivery to a country that does not have export taxes.
For example: the price of our "Numéro Un" is $420 USD (tax included) for a delivery to mainland France and $420 USD (excluding taxes) for a delivery to any other country such as Switzerland, the United States, etc.
The amount of additional shipping costs is shown to the customer directly on the "delivery" page. The products remain the property of the seller until the seller's price has been fully collected.
The transfer of the risks of loss and damage to the customer takes effect after delivery and when the customer receives the product.
We reserve the right to modify our prices at any time but we commit to applying the rates shown on the website at the time of your order.
We inform you that in the case that there is a price listing error, where the price is extremely low, whatever the reason (computer virus, manual error, technical error) the order, despite our validation, will be canceled. You will be notified of the cancellation as soon as possible. You will then be able, if you wish, to redo your order with the correct and exact price.
Article 2. Order Process
The customer makes the order by following these six steps:
Step 1: The customer adds the chosen items to the cart after choosing the model and the desired color. The cart is available at any moment for changes and order validation.
Located at the top right of the screen, the cart informs the customer that the selected items have been saved by showing the number of products in it.
Step 2: The customer verifies the details of his or her cart which can still be modified at any moment. The customer then validates the order after choosing the delivery method (delivery or pick-up at our store).
At this stage, the total order amount including taxes contains only the price for items themselves. The delivery costs will be indicated later during the order validation process.
Step 3: The customer creates a customer account by completely entering his or her details (delivery and billing information).
Fields marked with an asterisk (*) are mandatory fields; it must be specified that, unless stated otherwise by the customer, the billing address will automatically be the same as the delivery address.
Step 4: When validating the order summary, the customer expressly accepts the general terms and conditions of sale currently in place on the website.
Step 5: The customer chooses the delivery method (the price varies depending on the product and destination) and then the payment method. The customer is then redirected to the secure payment site where payment details can be entered.
The payment is made online by credit card only. The customer will finalize acceptance upon verifying his or her bank details (credit card number, expiration date, and CVV).
The customer will have to enter his or her credit card number, its validity date, and the 3 CVV digits on the back of the card.
If the payment is accepted, the customer will be redirected to an order confirmation screen on the website.
If the payment fails to go through, the customer has up to five chances to re-enter the correct bank information. Upon being refused five times, the customer will be redirected to a screen on the website, which explains the payment failure.
When a customer places an order, it implies complete and unconditional compliance with the present terms and conditions of sale. Note that the customer is charged when the order has been validated and not when the item has been mailed.
3.1 Order Confirmation
Within an hour of making the order, the customer will receive a confirmation email with:
-record of the order
-the details concerning the items ordered
-the total price
-calculation of shipping and delivery dates
-the chosen method of payment
POLÈNE reserves the right to invalidate the order for:
-abnormal or fraudulent complaints,
-unusual orders regarding quantities ordered,
-abnormal or fraudulent exchanges and returns,
-ongoing dispute(s) with the customer
-suspicious billing information used
3.2 Archiving Orders
The details of the order are archived in accordance with article L.134-2 of with French Consumer Code, for a period of ten years on a secure server. However, no credit card number shall be retained.
Article 4. Terms of Payment
4.1 Payment by credit card
The price of products already bought is payable in cash and in full the very day the customer places the order.
The payment is made online, in United States Dollars (USD), by credit card. The following payment cards are accepted: Carte Bleue, Visa, Mastercard.
The customer’s bank account which corresponds with the credit card used for the payment is charged the day that POLÈNE confirms the order.
In the event of payment failure, a wrong address, or any other problem pertaining to the customer’s account, POLÈNE reserves the right to block the order until the problem has been resolved.
4.2 Securing Payment
All purchases made on the website are protected and secured 7 days a week, 24 hours a day. By clicking on any credit card, the customer is directed to the secured payment website OGONE (Ingenico) which uses the widely recognized standard of security technology, SSL. Upon payment, the customer shall indicate his or her card number, the validity date, and the CVV code on the back of the credit card.
This information is automatically transmitted in encrypted form (SSL protocol) so that it is checked for abusive and fraudulent material.
Article 5. Delivery
5.1 Delivery Areas
POLÈNE delivers any order to mainland France and, following specific conditions, worldwide.
5.2 Delivery Methods and Times
- POLÈNE in-store delivery
You can have orders delivered free of charge in the POLÈNE location at 69 rue de Richelieu 75009 Paris France, except for pre-ordered items not yet available.
You can pick up your purchase the same say, depending on the store (explained on the "Showroom" page). You will receive an email informing you that your order is ready for pick-up at the store. After receiving the email, you have up to 90 days to collect your package with proof of identity and your receipt. In-store delivery may not be available for use during sales periods and/or promotional/exceptional activities (for example, pre-orders).
- Home delivery:
For all orders delivered in France, Europe and outside Europe, the carrier will be DHL express.
For all orders delivered in Russia, the carrier will be Colissimo.
Home delivery- your package will be hand-delivered to you and signed for upon receipt.
If you are not home, you can select a new delivery date or availability in a pick-up point or near-by post-office.
When an international delivery (especially in a country with custom taxes) is refused by a client, the brand has the right to charge the client for the return shipping and custom fees (for the return to sender). The total of the fees will be deducted from the client's refund.
5.3 Delivery Costs
In-store delivery is free of charge. The cost includes processing, packaging, shipping, delivering and tracking your order.
5.4 Conformity with order
Upon receiving the item, it is the customer's responsibility to ensure that the order is correct.
Any irregularities concerning delivery such as:
-products not in compliance with the order,
Must be reported within the legally required term, after receiving the order, and by certified letter or by email to this address: email@example.com
If the items received do not comply with the order, the customer may file a complaint by email or certified letter to receive a "return voucher" free of charge. The incorrect item will then be sent back to the following address:
16 rue Martel
To receive a complimentary return voucher, you can write to firstname.lastname@example.org. You will be provided with a printable voucher. The customer should then print it, paste it to the package, and drop the package off at the post office or at a "pick-up point" near your address.
Any delivery sent by the customer without first submitting a written request to the email address "email@example.com will not result in a refund for delivery costs concerning this return.
The customer is advised to take care of the packaging and to protect the product well enough so that it does not get damaged during transportation. Items must be unworn.
5.5 Product Compliances- Warranty for hidden defects
Products deemed non-compliant are consistent with these criteria:
- model error (for example, ordered Number 1 bag but received Number 3)
- color error (for example, ordered Black Number 1 bag but received Blue Number 1 bag)
- model received does not look like model advertised
- Overall quality subject to validation by customer service and photos sent.
All products are entitled to legal warranty for compliance (L211-1 and in accordance with French Consumer Code) and to warranty for hidden defects (articles 1641 and in accordance with French Civil Code), allowing the Customer to return defective or non-compliant items already delivered.
- Article L211-4 of French Consumer Corder: The seller is liable for delivering a product in compliance with the contract and for responding to compliance errors already present upon delivery. The seller is also responsible for compliance errors resulting from packaging, assembly instructions, or assembly itself when the contract holds the seller liable for the assembly or when the seller oversees the assembly.
- Article L211-5 of French Consumer Code: To comply with the contract, the good must:
- Be fit for the use and purpose for which goods of the same type are normally used:
- Match the description provided by the seller and have the features that the seller presented to the buyer through sample or model;
- Have the features that a buyer might reasonably expect in view of public statements made by the seller, by the producer, or by a representative, especially in advertising or labeling;
- Or present the distinctive features defined by the concerned parties through mutual agreement or be suitable for any particular purpose sought out by the buyer who was supplied relevant information by the seller and the seller accepted.
- Article L211-12 of French Consumer Code: legal action resulting from non-compliance lapses after two years from the date of delivery of the product.
- Article 1641of French Civil Code: The seller is liable for concealed defects that prevent the sold item from being suitable for its intended use, or that reduces this use so much that the buyer would not have acquired it, or would have demanded a lower price had he or she known about them.
- Article 1648, 1st paragraph, of French Civil Code: Legal action arising out of latent defects shall be taken by the buyer within two years of detecting the defect.
-If a customer has been delivered a product non-compliant with the order or exposing a hidden defect, the customer can return the said product to POLÈNE in accordance with the provisions of article 7.
5 rue de la Rochefoucauld
The customer may also return the items in-store at POLÈNE
Returned items must be unworn, unused, and in their original packaging (the box containing the purse must be in excellent condition). They must be accompanied by the receipt.
It is the customer's responsibility to provide proof of purchase for the return.
The customer may request POLÈNE:
- either to deliver a product identical to the one ordered, while supplies last;
- or to deliver a product equivalent in quality and price, while supplies last;
- or to be refunded the price of the ordered product and any initial delivery costs. This refund will be made within 15 (fifteen) days of reception of the returned item at POLÈNE, by crediting the customer's bank account which was used for payment of the order.
POLÈNE will cover the costs of returning the ordered item delivered to the customer as well as the optional delivery of another product.
Complimentary returns are restricted to shipments from mainland France.
In any case, these provisions do not strip the customer of the possibility of exercising his or her right to cancel a sale as indicated in article 6 below.
Article 6. Right to cancel a sale and Return of ordered items
6.1 In accordance with article L 121-20 of French Consumer Code, the customer shall have a period of 14 days upon receiving the ordered items to exercise the right to cancel the sale without having to justify reasons or pay penalty fees.
To return a product, the customer should only send an email to the following address: firstname.lastname@example.org
The email must contain the following:
Title: "Product return"
The customer's last name
Email address associated with the order
If the customer uses his or her right to cancel the sale, POLÈNE will promptly send acknowledgment of receipt of cancellation.
To get a complimentary return voucher, you can write to email@example.com. You will be provided with a printable voucher. The customer should then print it, paste it to the package, and drop the package off at the post office or at a "pick-up point" near your address.
Complimentary returns are restricted to shipments to mainland France.
The first shipment of the product remains at the customer’s expense and will not be refunded. POLÈNE will only be responsible for the costs of the return shipment if the return is made from mainland France.
6.2 Returned products must be new, unused, and, if applicable, in their original box.
Returned items must be unworn, unused, and in their original packaging (the box containing the purse must be in excellent condition).
If any returned item is soiled or damaged by the customer, it will not be accepted.
Upon receiving the package, POLÈNE will determine if the returned product is in as-new condition. No return will be accepted if returned items have been visibly used or damaged by the customer, this use and damage rendering the product unsuitable for sale.
If POLÈNE does not accept the returned item for the above reasons, the item will be then returned to the customer at his or her own expense. The customer may not demand any type of compensation or refund eligibility except, at a later date, when exercising warranty rights on sold products.
Article 7 – Complaints – Information
For any information, questions or advice, Polène's customer service is available to the customer by email at this email address: firstname.lastname@example.org
Article 8. Personal information
8.1 Information submitted by the customer on the website and needed for processing and delivering orders, are reserved exclusively for POLÈNE or its partners following the customer's express consent.
In accordance with the amended Data and Liberties Law of January 6 1978, in respect to data processing, files and liberties, the customer has the right to access, to modify, to correct, and to delete information concerning him or her.
To exercise this right, the customer must make the request by email to the following email address:
email@example.com or by mail to POLÈNE – 5 rue de la Rochefoucauld 75009 PARIS
8.2 The customer can subscribe to the POLÈNE newsletter and choose to be regularly notified about discounts provided by the brand. The customer can unsubscribe at any time by clicking on the link provided in every issue.
8.3 Certain pages of the website may contain web beacons that count the number of visitors to the website and/or provide POLÈNE with a certain number of indicators. These web beacons might be used by some of our partners especially to measure and improve the efficiency of the website. In any case, the information obtained from these beacons that collect statistics about the number of visits to some of the web-site's pages. This is done to serve our customers better.
Article 9. Intellectual property rights
All components of the website, whether visual or audio, including its underlying technology, are the exclusive property of POLÈNE and are subject both to copyright protection and protection afforded by provisions regarding trademark and patent rights.
Reproduction in part or in full of any of these components whatsoever, on any medium whatsoever, and for any reason whatsoever, without the prompt and prior consent of POLÈNE, is strictly prohibited.
Article 10. Force majeure
In case of force majeure as defined by current law, fulfillment of POLÈNE services will be suspended in whole or in part. Force majeure means any external, unpredictable, and insurmountable event preventing POLÈNE from executing its contractual obligations.
In case of the occurrence of an event described as force majeure in the preceding paragraph, POLÈNE commits to informing the customer as soon as possible.
Article 11. Limitation of liability
Placing an order implies knowledge and acceptance of the distinctive features and limits of the Internet, particularly concerning technical performance, the response time for consulting, examining, and forwarding information, the possibility of interruptions, and, more generally, the inherent risks in connecting to, transmitting information on, the internet, the absence of certain information against potential misuse, and the risks of contamination by potential viruses circulating on the internet.
Consequently, in no circumstance would POLÈNE be held liable for any damage directly or indirectly stemming from any interruption, malfunction, or any direct or indirect damage which would result in some fashion from connecting to the website. It is the responsibility of anyone who logs on to the website to take all appropriate measures to protect his or her personal information and/or stored software on his or her computer hardware against any attack. The connection to the website of any person shall be subject to their full liability.
The liability of "La Cadette SAS" in respect to any product bought on the website is strictly limited to the purchase price of that product. "La Cadette SAS" will in no way be liable for the following losses, regardless of their origin:
- loss of income or sale
- loss from operations
- loss of profits or contracts
- loss of savings
- loss of information
- time-loss injury and operating loss
- damage to image
- loss of opportunity
- moral damage
Documents, descriptions, and information related to products featured on the website are not covered by any guarantee, express or implied, except for guarantees provided for by the law.
La Cadette SAS is only responsible for delivering products in compliance with contractual provisions. The products are considered as in compliance with contractual provisions if the following conditions are met: they must follow the description and possess the distinctive features displayed on the website; they must be adapted for the purposes for which products of this kind are designed; they must respond to quality and resistance standards, which are generally agreed upon for products of the same nature and which could reasonably be expected.
Article 12. Amendments to the present general terms and conditions of sale
The present general terms and conditions of sale shall be applied as long as they appear on the site www.polene-paris.com.
POLÈNE reserves the right to change them at any time. The new terms and conditions of sale will be applied only to orders placed after this modification.
Article 13. Disputes – Applicable Law
The present general terms and conditions of sale are governed by French law.
Any dispute which may arise between the parties out of the development, the interpretation, and/or the execution of the present general terms and conditions of sale will be, in the absence of friendly settlement, subject to the sole jurisdiction of the commercial court in Paris (Tribunal de Commerce de Paris).