TERMS OF SALES
POM
Sole Proprietorship, Roxane Bondono
Headquarters 274 Avenue Joseph Roumanille - 13600 La Ciotat - France
Phone number + 33613973042
RCS (or Business Directory) of Marseille
Siret number 52428932700015
General conditions of sale of products sold on the site pöm
Last updated on July 1, 2018
Article 1: object
These conditions govern the sales by the company pöm
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the date of the order), unless otherwise indicated and excluding processing and shipping costs.
In case of order to a country other than metropolitan France you are the importer of the product concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company
Pom. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to find out about these aspects from your local authorities.
All orders regardless of their origin are payable in euros.
The company pöm reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
The products remain the property of the company pöm until full payment of the price.
Warning: as soon as you physically take possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can place an order on the website.
Contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
The company pöm reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problem, or in case of difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the Internet site supposes the adhesion to the present General Conditions. Any confirmation of order implies your full and complete adhesion to the present general conditions of sale, without exception or reserve.
All data provided and the recorded confirmation will be worth proof of the transaction.
You declare to have perfect knowledge.
The order confirmation will be worth signing and acceptance of the operations carried out.
A summary of the information of your order and the present General Conditions, will be communicated to you in PDF format via the e-mail address of confirmation of your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
Payment of your purchases is made by credit card, PayPal, check or bank transfer.
Article 6 - Retraction
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a 14-day cooling-off period from receipt of your products to exercise your right of withdrawal without having to justify any reason or to pay penalty.
Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are your responsibility.
In case of exercise of the right of withdrawal, the company pöm will refund the sums paid, within 14 days of the notification of your request and via the same means of payment as used in the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully performed before the end of the withdrawal period and whose execution began after express prior consent of the consumer and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
Transactions concluded during a public auction.
The supply of digital content that is not provided on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives his right of withdrawal.
Article 7- Availability
Our products are offered as long as they are visible on the site and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability at our suppliers.
In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.
In addition, the website is not intended to sell its products in significant quantities. Therefore the company Pöm reserves the right to refuse orders for large quantities.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the deadline indicated on the order validation page by the post office.
In case of delay of shipment, an email will be sent to inform you of a possible consequence on the delivery time that has been indicated.
In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code.
In case of delivery by a carrier, the company pöm can not be held responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments.
Article 9 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by mail / telephone / postage within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions ...).
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Liability
The products offered are in accordance with the French legislation in force. The responsibility of the company pöm can not be held liable for non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you intend to order.
In addition, the company can not be held responsible for damages resulting from misuse of the purchased product.
Finally the responsibility of the company pöm can not be held liable for all the inconveniences or damages inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
Article 11 - Applicable law in case of disputes
The language of this contract is French. These conditions of sale are subject to French law. In case of dispute, the French courts will be the only competent.
Article 12 - Intellectual property
All elements of the site are and remain the intellectual and exclusive property of the company pöm. No one may reproduce, use, repost, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound. Any simple link or hypertext is strictly prohibited without the express written consent of the company pöm.
Article 13 - Personal data
The company pöm reserves the right to collect personal information and personal data about you. They are necessary to manage your order, as well as to improve the services and information we send you.
They can also be forwarded to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory requirements.
In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data about you, directly on the website.
Article 14 - Archiving Proof
The company will archive the purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized registers of the company pöm will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
MEANS OF PAYMENT
- Credit card
- PAYPAL
- Bank transfer