ARTICLE 1 – WHO WE ARE

We are Polene UK Ltd, trading as Polène.  We are a company registered in England and Wales under company number 15085469, with our registered office at 8th Floor South, 11 Old Jewry, London EC2R 8DU, UK.  

ARTICLE 2 – THESE TERMS

2.1 These General Terms and Conditions of Sale apply to all sales of Polène products (“Products”) made by via its UK website - https://uk.polene-paris.com/ (the "Site”). 

2.2 The Site is reserved for consumers, buying Products for personal use. Prior to placing an order, the buyer declares that the purchase of Products on the Site is for their strictly personal use and is not related to any commercial activity. Any order that clearly does not correspond to a consumer sale, and more generally any order that is fraudulent or presumed to be fraudulent, will be rejected by Polène.

2.3 These terms apply only to online sales of Products in the UK. 

ARTICLE 3 – PURPOSE OF TERMS

3.1 The purpose of these terms is to inform all buyers of the terms and conditions under which Polène sells and delivers Products via the Site, and to define the rights and obligations of Polène and the buyer.

In particular, they explain how to place an order, the terms of payment and delivery, and the follow-up of the buyer's order, including any returns.

3.2 Any order placed by the buyer implies the buyer's full acceptance of these terms and conditions. 

3.3 These terms may be consulted at any time by any person visiting the Site and retained by means of computer recording and/or printing.

3.4 Polène reserves the right to modify these terms at any time without notice, in particular due to changes in applicable laws, by publishing a new version on the Site.  The terms that apply to any order shall be those that were in force at the time that the order was placed. 

3.5 Failure by either party to enforce any of the clauses of these terms against the other party shall not be construed as a waiver of its right to do so in the future.

ARTICLE 4 – PRODUCTS

4.1 Product information

Information about the Products sold via the Site is available, with their references, on the Site. The buyer acknowledges that, prior to placing any order on the Site, they have been informed of the essential characteristics of the Product (in particular its nature, function, composition, materials, color, dimensions and precautions for use and care) as well as the price of the Products and any additional costs, in particular delivery costs, to be borne by the buyer.

It is the buyer's responsibility to check the list of materials making up the Products on the product data sheet available on the Site to find out about any allergens before placing an order. 

Despite all due care taken by Polène in the presentation of its products on the Site, Polène cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. In particular, slight variations (especially in hue) may occur, notably due to the technical limitations of color rendering on computer equipment. Polène cannot be held responsible for such variations and they do not affect the validity of the sale.

It is the buyer's responsibility to comply with the conditions of use and care of the Products listed on the Product sheets and Polène shall not be liable for any damage caused to the Products as a result of the buyer not following such care instructions.

For any questions relating to the Products and their use, any additional questions or requests for advice, the Buyer may contact Customer Service at: contact@polene-paris.com.

4.2 Product availability

Polène reserves the right to modify the assortment of Products offered for sale on its Site at any time.

The product sheet informs the buyer when the Product in question is no longer in stock or requires a longer delivery time. In such cases, the "Add to cart" function will be deactivated for unavailable Products, and the words "Out of Stock - Notify me" or "Preorder" will appear below these Products.

In the event that a Product ordered is unavailable after the order has been placed, Customer Service will contact the buyer to inform them of this unavailability, of the new estimated delivery time and of the buyer's right to cancel their order. In the event of an order cancellation request, Polène will refund the full price of the order as soon as possible, and at the latest within fourteen (14) days of the order cancellation.

ARTICLE 5 – PRICE

5.1 The sale prices of the Products displayed on the Site are:

• In pounds sterling 

• Excluding delivery costs, which are extra charges applicable to the order, unless otherwise stated.      

Delivery costs are indicated to the buyer through the ordering process before submitting their order.     

Following Brexit, certain taxes and import duties are payable on the import of products into the UK.  As the Products are shipped from Spain, additional import duties may be payable on delivery of the Products. 

5.2 Product prices and delivery charges indicated on the Site may be modified at any time by Polène.  

The prices applicable to an order will be those indicated on the Site at the time the order is placed, and will be confirmed in the order confirmation.

If the rate of VAT changes between the order date and the date Polène supplies the Product, Polène will adjust the rate of VAT that the buyer pays, unless the buyer has already paid in full before the change in the rate of VAT takes effect.

5.3 If Polène notices a pricing error displayed on the Site and/or in an order placed by a buyer, for whatever reason (computer bug, manual error, technical error), the buyer will be informed as soon as possible. Polène reserves the right to cancel an order for a Product affected by an obvious pricing error. If the Order has been paid for, the buyer will be immediately reimbursed for the amount paid. The buyer will be able, if they so wish, to place the order again at the correct price, subject to availability.

5.5 Polène accepts the order when it writes to the buyer to confirm its acceptance of the order, the price paid, and any delivery charges.

ARTICLE 6 – HOW TO ORDER

6.1 General information

Any user of the Site may view the Products without obligation to purchase.

6.2 Steps in the ordering process

6.2.1 Buyer identification

Orders can be placed via a customer account, or as a guest. 

If the customer does not have a customer account, they will be invited, if they so wish, to create one, indicating their exact identity, contact details, as well as a valid e-mail address and password. Once the customer has registered their account on the Site, they will receive a confirmation e-mail enabling them to access their account.

If the customer already has a customer account on the Site, they  will be asked to verify their identify with their email address and password.

Login details and passwords are strictly personal. Each customer buyer must to keep them secure and not communicate them to third parties. In the event a customer becomes aware of loss, theft or any other fraudulent use of their customer account, they must inform Polène immediately. If Polène reasonably suspects that a third party has tampered with a customer account, password and/or login, Polène may immediately suspend or terminate the account concerned and will inform the customer by email or telephone.

The customer must update the personal information in their account, should their details change. 

E-mails are sent to the e-mail address provided by the customer. Polène shall not be held liable for any communications not received due to incorrect information being provided. 

6.2.2 Product(s) selection

To place an order, the buyer may select one or more Products of their  choice from the various categories offered (e.g. type, model, color, size, material) and available for sale on the Site.

The buyer can add the selected Product to their cart by clicking on the "Add to cart" button on the Product page. The cart, located in the top right-hand corner of the screen, confirms to the buyer that Products are in the cart by indicating the number of products it contains. 

Until the order is submitted, the buyer can consult and access their cart at any time, modify it and correct any errors in the elements entered. The shopping cart does not in itself constitute an order that is binding on Polène.  

The buyer acknowledges that in the event of prolonged inactivity during connection, it is possible that the selection of Products chosen prior to this inactivity may no longer be guaranteed.

6.2.3 Order validation

Once the customer has finished selecting the Product(s) they  wish to purchase, they  must click on the "Order" button. The buyer will then receive a summary of the order, indicating the total price of the order in pounds sterling, including the unit cost of the Product(s) and delivery charges where applicable.

If they  are satisfied with the order summary, the customer must then complete the following information (or confirm it if it is pre-filled in the case of a customer account): 

• their contact details (surname, first name, telephone number, e-mail address); 
• their choice of delivery method, with delivery costs varying according to delivery method and delivery location;
• the delivery address (which must be within the UK);
• the billing address, if different from the delivery address;
• the selected payment method.

The buyer is responsible for the accuracy and completeness of the information provided.

6.2.4 Payment

Before submitting the order, the buyer must accept the terms in force on the Site and then click on the "Continue to payment" button.

Payment can be made:

• by credit card (by choosing payment by credit card - CB, Visa, Eurocard/Mastercard network, the buyer is automatically redirected to the dedicated secure payment site),
• or via  Paypal,     
• or via       Shop Pay , 
• or via       Apple Pay,     
• or via            Klarna.

If the payment is accepted, the buyer will automatically see the order validation page. If payment is not accepted after five (5) attempts, the buyer will be redirected to a screen on the Site indicating that payment has been refused using the payment method in question.

Unless otherwise specified, payment must be made in full and in a single installment at the end of the order process. 

The buyer's account will be debited upon acceptance of the order by Polène.

The buyer cannot cancel or amend an order once it has been submitted.

In the event of payment by bank card, the buyer confirms that they are the holder of the bank card used to pay for the order, and that the first and last names appearing on the bank card to be debited are their own. In a secure environment on the internet, the buyer must communicate the number and expiry date appearing on the front of their  bank card, as well as the security code appearing on the  card. This data is automatically transmitted in encrypted mode for verification to prevent misuse and fraud.

During each transaction, Polène performs an analysis of the transaction in order to limit the risks of fraudulent behavior. In case of an alert, certain orders may be blocked. In these circumstances, Polène reserves the right to request the buyer to provide proof of identity. 

If verification by Polène is not possible, either the buyer or Polène may cancel the order. 

Polène cannot be held responsible for any refusal to process a blocked Order due to suspected fraud.

In the event that, for any reason whatsoever it proves impossible to debit the sums due from the buyer, the order will be immediately cancelled.

6.2.5 Order confirmation by the Seller

Once the buyer has submitted their  Order, Polène will immediately acknowledge receipt by e-mail to the buyer. 

Once full payment has been made, an order and payment confirmation will be sent to the Buyer by email. This confirmation of order and payment is Polène’s acceptance of the order.  It will be accompanied by the Order number, the total amount of the Order, details of the Products ordered (nature, quantity and unit price), information relating to the cost and estimated delivery dates.

An invoice is available on request from the buyer to Customer Service.

Emails corresponding to the order shall be sent to the email address given by the buyer at the time of the order. Polène shall not be held liable in the event of an error in entering the e-mail address concerned. 

Should the buyer fail to receive such emails, they are advised to check the spam folder in their inbox, and check that the details that they have provided are correct.

6.3 Refusal of order

Polène reserves the right to refuse or cancel any order in the event of a legitimate reason, in particular in the event of:

• Unavailability of the Product ordered.
• Orders of an abnormal nature, notably in the case of a quantity of Products and/or an amount to be paid exceeding the usual or normal average needs of a consumer or a household, in the case of an abnormal flow of orders to the same invoicing and/or delivery address, or in general, in the case of an order which would suggest that an economic activity is being carried out by the buyer in relation to the Products ordered.
• Default of payment or payment incident by the buyer, including for previous orders.
• Suspected bad faith on the part of the buyer (e.g. fraud or attempted fraud relating to the use of the Site, existing dispute with this buyer, suspicious bank details).
• Any breach of these terms. 

6.4 Pre-orders

Certain Products, specially indicated on the Site, may be offered for "Pre-order Now". 

It is possible to include both pre-order and in-stock Products in the same order. 

Subject to the conditions mentioned on the Products available for pre-order page (delivery times and terms), pre-orders will be subject to the same processes and conditions as those for an Order.

Due to circumstances beyond Polène’s reasonable control in the production of the Products, Polène may in certain cases have to cancel all or part of the buyer's pre-order. In such cases, Polène will inform the buyer without delay.

ARTICLE 7 – TERMS OF DELIVERY

7.1 General information

Products will only be delivered once payment of the full amount of the order has been received by Polène the Seller, unless otherwise agreed (e.g. Klarna, PayPal…).

Information concerning delivery terms (delivery costs, delivery time, delivery method) is accessible on the Site and indicated to the buyer at the time of placing the order (on the cart validation page and on the order summary page), up to the order payment stage.

The buyer will be responsible for the Products from the point of delivery. 

7.2 Delivery charges

Product prices do not include delivery charges. Delivery charges vary according to the nature of the Product, the quantity of Product(s) ordered, the delivery method chosen by the buyer and the place of delivery.

Delivery charges include the processing, packaging, shipping, delivery and tracking of the order.

7.3 Delivery time

The estimated delivery time appears on the Product sheet at the time of purchase and in the order confirmation email. This is an indicative time corresponding to the average delivery time, which may vary depending on the delivery location and/or delivery method. 

If, due to circumstances beyond Polène’s reasonable control, difficulties are encountered which may disrupt or delay delivery, Polène will notify the buyer of an estimated new delivery date.   

In any event delivery shall be made within thirty (30) days of the order, subject to full payment of the price by the customer. Failing this, the buyer may request cancellation of the order. The buyer will then be reimbursed at the latest within fourteen (14) days of the date of cancellation of the sale.

7.4 Delivery methods

The Products ordered by the buyer shall be delivered by Polène or the carrier selected by Polène to the delivery address provided by the buyer when placing the Order.

Deliveries cannot be made to transit agencies, PO boxes, hotels, nor to military bases or similar areas, unless otherwise agreed by Polène. The list of restricted delivery locations may be amended at any time according to the practices and restrictions applicable to the carrier.

• Home delivery :

Each order is assigned a tracking number.      

By logging on to their customer account on the Site, the customer is provided with a link enabling them to track the progress of their parcel via the carrier's website.

The customer will be informed by email and/or SMS when the parcel has been picked up by the carrier, and of the delivery date.

All deliveries will require a signature from the buyer or the person designated or authorized by the buyer at the delivery address given when the order was placed. In the event of the absence of the buyer or his/her representative, the buyer may choose a new delivery date, or to have the Products delivered to a relay point or a nearby post office. Where appropriate, the Products may be redirected to a carrier collection point or returned to the sender. In certain circumstances, delivery may also be made without a signature, in accordance with the terms and conditions proposed by the carrier.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND PRODUCT RETURNS

8.1 Right of withdrawal

8.1.1 Exercise of the right of withdrawal

The buyer has the legal right of withdrawal in relation to an order.  This means the buyer can cancel the order for any reason at all, except for the following products:

• Products manufactured to the buyer's specifications or clearly personalised;
• Products that have been unsealed by the buyer after delivery and that cannot be returned for reasons of hygiene or health protection.

The buyer has a period of thirtyfourteen (30) days from the day following receipt of the Products to exercise their right of withdrawal, without having to give reasons for his/her decision.   Please note that the legal right of withdrawal allows consumers 30 days to withdraw from the contract, but Polène allows consumers 30 days to do so as a goodwill extension of the right. 

If the buyer has ordered several Products in a single Order, or if the delivery has been made in several parts, the withdrawal period does not begin until the buyer receives the last Product or the last part of the delivery.

The process under which the Seller may exercise this right is set out at the following link: https://support.polene-paris.com/hc/en-gb/articles/360010208559-Return-an-online-order. After following this process, the Buyer will receive a pre-paid return label (‘Return with a prepaid label from the Seller’).  Please note the costs of this return will be deducted from the refund amount. 

The buyer may also notify Polène of their decision to withdraw from the sale by speaking to Customer Services, by email to the following address: contact@polene-paris.com, before the expiry of the withdrawal period of thirtyfourteen (304) days.  The buyer can do this by either:

• Using the model withdrawal form at the end of these terms,
• or by any other unambiguous statement clearly expressing the wish to withdraw.

The simple return of Products by the buyer or the refusal to accept delivery, without prior notification of their decision to withdraw, is not sufficient.

8.1.2 Return within the scope of the right of withdrawal

To return a product, the buyer must create a customer account on the Site.

The buyer must return the product to the seller no later than thirtyfourteen (301) days after notification of their cancellation decision. The buyer is advised to keep all receipts for this return.

The return fees will be fully borne by the buyer.

In any case, the buyer shall to return the products:

• in the original packaging so that the product is protected,
• in perfect original condition, without defects (e.g. dirt, decay, scratches),
• complete and together with all product accessories (e.g. second detachable shoulder strap) and the documentation supplied (e.g. box containing the product, bag, brochure, instructions),
• unused, unworn,
• unsealed if necessary,
• with the corresponding return slip.

Upon receipt, Polène will check whether the returned product fulfills the above conditions.      

If the Products do not meet the above standards, Polène shall be entitled to deduct from the refund any reasonable sum.  This may equate to the full purchase price of the Product if the Product cannot be resold.  In this instance, the buyer may request the Product is returned to them, but must bear the shipping costs. 

8.2 Reimbursement

If the return is accepted by Polène, Polène will refund the price of the Product in question to the buyer:

• at the latest within thirty (30) days from the day on which the Seller is informed of the buyer's decision to withdraw, provided that the buyer has received the product in question or confirmation via registered post certificate that the buyer has returned the product within this period,
• with the same means of payment with which the Buyer placed the order.

Polène will reimburse the buyer not only for the price of the returned Product, but also for the original delivery costs incurred by the buyer. However:

• If the buyer decides to return the Product at their  own expense, they  will bear the return costs, which will not be reimbursed by Polène .
• If Polène has advanced the return shipping costs to the buyer via a pre-paid label, the corresponding amount will be deducted from the refund to the buyer.
• If the buyer has expressly chosen a more expensive shipping method than the standard shipping method offered, these additional costs will not be reimbursed, only the delivery costs of the cheapest method available shall be refunded.
• If the buyer decides to return part of the Products ordered, the original shipping costs will be refunded to the Buyer on a pro-rata basis for the returned Products.

The returned product cannot be exchanged under any circumstances. The buyer must place a new order.

ARTICLE 9 – DEFECTS ON DELIVERY

9.1 Claims

The buyer is requested to check the condition of the parcel and Products upon delivery and to report any problems or irregularities in the parcel and/or products promptly within one (1) month onf receipt of the order by e-mail to: contact@polene-paris.com, quoting the order number and sending evidence of the irregularity (e.g. photos).

9.2 Returns

Once a complaint has been made to Customer Services, the buyer will be contacted by Customer Services as soon as possible to discuss the complaint. Once the Customer Service has confirmed the anomaly, it will inform the buyer of the procedure to be followed.

In order to return a product, the buyer must create a customer account on the Site.

ARTICLE 10 – LEGAL WARRANTIES

10.1. The statutory warranty rights apply.

All Products must be as described on the Site and comply with legal requirements.  For detailed information on legal rights, the buyer is invited to consult the Citizens Advice website www.adviceguide.org.uk.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product, the buyer’s legal rights entitle the buyer to the following:

• Up to 30 days: if the goods are faulty, then the buyer can get a refund.
• Up to six months: if the goods can't be repaired or replaced, then the buyer is entitled to a full refund, in most cases.
• Up to six years: if the goods do not last a reasonable length of time, the buyer may be entitled to some money back.

10.2. Improper storage of the Products may lead to their deterioration and may invalidate the warranty. Products modified, repaired, integrated or added by the buyer or damaged as a result of misuse or a lack of maintenance attributable exclusively to the buyer are excluded from the guarantees.

ARTICLE 11 – AUTHENTICITY

Polène reserves the right to verify the authenticity and compliance of all returned Products with current standards.

If a Product returned by the buyer to Polène is identified as a counterfeit, it will not be eligible for any refund, exchange, or repair. In accordance with applicable regulations, the Product may be securely and irreversibly destroyed, with no possibility of being returned to the buyer.

Polène reiterates its commitment to combating counterfeiting and ensuring the sale of authentic Products.  

ARTICLE 12 – LIMITATION OF LIABILITY

12.1 Products

Polène will not be held liable for: 

• Loss or damage to the Product after delivery to the buyer;
• Abnormal use of the Product by the buyer;
• Failure to maintain the Product;
• Poor storage conditions of the Product by the buyer;
• Allergies to materials or components of the Products as mentioned in the Product data sheet.

The buyer must ensure that they have read the label before using the Products and that they comply with all instructions for use of the Products.

Polène only supplies products via the Site for domestic and private use. The buyer shall not use the Products purchased on the Site for commercial, professional or resale purposes.

12.2 Site access

Polène reserves the right to make the Site inaccessible if necessary, without prior notice, in particular in the event of necessary updates or maintenance or technical malfunctions.

Polène cannot be held responsible for events that may prevent the continuity of access to all or part of the Site (including interruption of access to the Site, bugs, malfunctions or any other technical problem affecting the Site).

Polène has no liability for any direct or indirect damage resulting from use of and/or access to the Site (inaccessibility, loss of data, deterioration, destruction or computer viruses, breakdowns). It is the responsibility of all users connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Users of the Site connect to the Site at their own risk.

ARTICLE 13 – FORCE MAJEURE

13.1 In the event of a force majeure event preventing or delaying the performance of the Order or these terms     , Polène shall inform the buyer as soon as possible by e-mail and providing it has done so, shall not be liable for any delay.

13.2 A case of force majeure is any event beyond the control of the Seller, preventing it from fulfilling the order, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures.

ARTICLE 14 – RETENTION OF OWNERSHIP

THE SELLER RETAINS FULL OWNERSHIP OF THE PRODUCT SOLD UNTIL FULL PAYMENT HAS BEEN RECEIVED, INCLUDING ALL COSTS AND TAXES. 

ARTICLE 15 – INTELLECTUAL PROPERTY

The trademark and more generally all illustrations, images, logos and sound elements appearing on Polène’s Products and/or Site, their accessories or packaging, whether registered or not, are and shall remain the exclusive property of Polène. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, logos and sound elements, for any reason and on any medium whatsoever, without the express prior consent of Polène, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype, sound elements or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents owned by Polène.

The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes, is strictly forbidden. Violation of these provisions can result in penalties for both copyright and trademark infringement.

The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorization of Polène. Such authorization may be revoked at any time. Sites with a hypertext link to the Site, or to which the Site may refer, are not under the control of Polène. Polène therefore declines all responsibility for the access and content of these sites.

ARTICLE 16 – PERSONAL DATA

16.1 By ordering a Product on the Site, the buyer accepts that Polène collects, uses and processes the personal information provided as set out in the Privacy Policy which can be found at [LINK].  

ARTICLE 17 – APPLICABLE LAW - MEDIATION - LITIGATION

17.1 All orders placed on the Site and these terms are governed and construed in accordance with English Law. 

17.2 In the event of a dispute relating to an order for Products on the Site or to the application and/or interpretation of these terms, the buyer may submit a written complaint to Customer Services by e-mail to: contact@polene-paris.com.

17.4 In the absence of an amicable solution or recourse to mediation, the buyer and Polène agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if the buyer is a resident of Northern Ireland, the buyer may also bring proceedings in Northern Ireland, and if the buyer is a resident of Scotland, the buyer may also bring proceedings in Scotland.  Polène may bring proceedings in the country in which the buyer lives.

ARTICLE 18 – CUSTOMER SERVICE

For all information, questions, advice or complaints concerning these terms or the Products, the buyer can contact Polène's Customer Service Department: 

• Via the "Contact" form accessible on the Site
• Or by email to: contact@polene-paris.com
• Or by post to the address: 

8th Floor South, 11 Old Jewry, London, United Kingdom, EC2R 8DU

LA CADETTE - POLÈNE

Customer Service

60-62 RUE DU LOUVRE

75002 PARIS

If you have any questions about these Terms and Conditions (for only legal issues), please contact us at: legal@polene-paris.com.