GENERAL TERMS AND CONDITIONS
Article 1 – General provisions
Date of last update: 12/02/2018
1.1 – These General Conditions (hereinafter referred to as “the GTC”) are applicable to the company POFINEUR, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 823 273, with a capital of 6,000 euros, of which the headquarter is located at 35 rue Lecourbe, 75015 Paris – France (hereinafter referred to as “the POFINEUR company”) and any person visiting or purchasing on the website www.pofineur.com (hereinafter referred to as “the customer”).
1.2 – These conditions apply to the exclusion of all other conditions, in particular those in force for sales at the POFINEUR Showroom.
1.3 – The General Terms and Conditions detailed below apply to all orders placed by natural entities, non-commercial for personal use. They can be consulted at any time on the website.
1.4 – The company POFINEUR reserves the right to adapt or modify the GTC at any time, the version of the GTC applicable to any transaction being the GTC published on the date of the order. Therefore, placing an order by a customer implies full, unreserved acceptance of these terms and conditions.
Article 2 – Order
2.1 – The Customer has the opportunity to place an order online from the website www.pofineur.com
2.2 – The orders relate to the “ready-to-wear” (page Woman/Man) catalog or the “made-to-measure” (page do your own) items.
Ready-to-wear items include jackets, skirts, pants and fashion accessories (card holder, wallet, phone case and luggage) in standard size.
Customized items include jackets and skirts.
2.3 – Any order implies acceptance of the price.
2.4 – The contractual information is presented in French language and will be the subject of a confirmation containing this contractual information at the latest at the time of the validation of order by the customer.
Article 3 – Customer Information
3.1 – The Client declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him to make an order on the Site.
3.2 – The Customer undertakes to communicate to the POFINEUR company the real and necessary information necessary for the realization of the service that is the subject of these conditions as it is requested online and according to his situation, in particular his valid surname, first name, address, phone and e-mail.
The customer is responsible for consequences of false or inncaurated transmitted information or whose recovery would be illegal.
3.3 – Once the order has been placed, the POFINEUR company sends the customer a confirmation e-mail informing them of the expedition of the ordered products.
3.4 – The Customer can modify his data under the heading “my account”.
Article 4 – Validation of the order
4.1 – Any customer wishing to order on the site must have read and accepted these Terms of Sale before placing the order of the customer. Validation of the order by the customer is, therefore, acceptance of these Terms of Sale.
4.2 – A summary of the information of the order of the customer and the General Conditions of Sale, will be communicated to the customer in PDF format via the e-mail of confirmation of the order from the customer.
In any case, the online supply of the credit card number and the validation of the order and its payment will be worth proof of the completeness of said order in accordance with the provisions of the law n ° 2000-230 of March 13th, 2000, and will be worth the sums incurred by the order.
4.3 – The “double click” associated with the checkbox concerning the recognition of the general conditions are consent to contract and constitute irrevocable acceptance.
Article 5 – Availability
5.1 – The company POFINEUR is a retailer and is not intended to sell in large quantities the products offered. As a result, the company POFINEUR reserves the right to refuse orders for the same product in large quantities, from 3 identical Items.
5.2 – The products offered by the company POFINEUR are valid as long as they are visible on the website, within the limits of available stocks excluding promotional operations mentioned as such on the website. In the event of unavailability of products after placing the order, the company POFINEUR will inform the customer by email. The order will be automatically canceled, and no direct debit will be made.
It is specified that the direct debit occurs at the time of the confirmation of the order.
5.3 – For products ordered “made to measure” (page do your own), the company POFINEUR needs a little more time to create the personalized article. The customer must have a minimum of 25 additional business days for custom orders, subject to availability of leather and fabric stock. These delays are likely to be extended during periods of high activity.
Once the processing is completed, the item will be shipped according to the delivery method selected during the order.
Article 6 – Price
6.1 – The prices of POFINEUR products are indicated in euros (€) all taxes included. Prices do not include shipping and delivery charges, which will be added to the selling price of the products and will be charged to the customer.
6.2 – In case of order to a country other than metropolitan France, the customer is the importer of the product concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated inclusive of VAT on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview of the company POFINEUR. They will be the responsibility of the customer and are the sole responsibility of the customer, both in terms of declarations and payments to the authorities and/or competent bodies of the customer’s country. The POFINEUR company advises the customer to inform on these aspects with the local authorities of the customer.
6.3 – The company POFINEUR reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the validation of order.
6.4 – The products remain the property of the company POFINEUR until full payment of the price. The POFINEUR company reminds the customer that when he takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to him.
6.5 – The company POFINEUR is not intended to sell to professionals, products and services sold by the company POFINEUR are reserved for individuals.
6.6 – The prices take account of the VAT applicable on the day of the order and will be definitively confirmed on the confirmation of the reception of the order. Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the products.
Article 7 – Delivery
7.1 – General
The company POFINEUR delivers its products in France and in all the countries of the European Union and can, on request, deliver in any country.
The products are delivered to the delivery address that the customer has indicated during the ordering process, except for delivery restrictions indicated in the “Conditions of delivery” section, within the time indicated on the order validation page by the customer.
In order for these delivery times to be respected, the customer must ensure that he has provided accurate and complete information regarding the delivery address (such as, inter alia: street, building, stair, codes access, names and/or intercom numbers, etc.).
The delivery time corresponds to:
– the shipping time indicated on the article sheet to which is added,
– the processing and delivery time.
In case of ordering several products at the same time and that these have different delivery times, the delivery time of the order will be based on the furthest time. The company POFINEUR, however, reserves the possibility of splitting shipments. Participation in processing and shipping costs will only be charged for one shipment.
In case of delay of shipment, an email will be sent to the customer to inform him of a possible consequence on the delivery time that has been indicated. In case of late delivery, the company POFINEUR will offer the customer by email a new delivery time.
In accordance with the legal provisions, in the event of late delivery, the customer has the opportunity to resolve the contract under the terms and conditions set out in Article L. 216-2 of the French Consumer Code. In the event that the product would have been received, after the cancellation, the company POFINEUR will refund the product and expenses “go” under the conditions of Article L. 216-3 of the Consumer Code.
In case of payment by credit or private card and split deliveries, only the products shipped are debited.
At the moment when the customer physically takes possession of the ordered products, the risk of loss or damage of the products will be transferred.
7.2 – Reservations
The customer must notify POFINEUR all reservations about the delivered product (for example: damaged package, already open …).
7.3 – Delivery costs
In metropolitan France, the delivery time is 2 to 3 working days from the shipment for a “ready-to-wear” item (page Woman/Man). The delivery time for a “made-to-measure” item (page do your own) is 28 working days. In metropolitan France, delivery is offered in “Colissimo” (home or withdrawal at the post office) for 200 euros of purchases on www.pofineur.com. Delivery costs 8 euros for all baskets less than 200 euros.
In, Germany, Belgium, Luxembourg and the Netherlands, Austria, Spain, Portugal, United Kingdom, Ireland, Italy, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden and Switzerland delivery costs 18 euros in “Colissimo”. Delivery time between 3 to 9 working days from the shipment for a “ready-to-wear” item (page Woman/Man) and 28 working days for “made-to-measure” item (page do your own).
In Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania delivery costs 21 euros in “Colissimo”. Delivery time between 5 to 9 working days from the shipment for a “ready-to-wear” item (page Woman/Man) and 28 working days for “made-to-measure” item (page do your own).
Guadeloupe, Martinique, St. Martin, St. Barthelemy, Reunion, Guyana, Mayotte, St. Pierre and Miquelon delivery to 21 euros in “Colissimo”. Delivery time between 5 to 9 days from the shipment for a “ready-to-wear” item (page Woman/Man) and 28 working days for “made-to-measure” item (page do your own).
For all other countries, thank you for contacting us on email@example.com
Article 8 – Payment
8.1 – The validation of the order implies the obligation to charge the customer to pay the price indicated. The payment of the purchase (s) can be made according to the means of payment accepted by the company POFINEUR, by Credit Card or Amex, if necessary the customer recognizes expressly that the communication of his credit card number to the company POFINEUR is the debit authorization of his account up to the amount of the order.
8.2 – The price invoiced to the customer is the price indicated on the order confirmation sent by the company POFINEUR.
The products are payable in cash on the day of the actual order.
The direct debit is made at the time of validation the order.
Article 9 – Security
Our site is the subject of a security system.
POFINEUR have adopted the SSL encryption method and also strengthened all the scrambling and encryption processes to protect all the sensitive data related to the means of payment as efficiently as possible.
Article 10 – Right of withdrawal
10.1 – Legal delay of the right of withdrawal
In accordance with the legal provisions in force, the customer has a period of 14 days from receipt of the products to exercise the right of withdrawal without having to justify reasons or to pay a penalty. After communication of the decision to exercise the right of withdrawal within this period of 14 days, the customer has another period of 14 days to return the product or products concerned by the retraction.
10.2 – Contractual withdrawal period
In accordance with legal provisions, the possibility is offered to customers to exercise their right of withdrawal within 14 days of receipt of products. Then the customer has another period of 14 days from the communication of its decision to retract to return the product concerned to the company POFINEUR.
The procedures for exercising the right of withdrawal are specified in 8.3.
10.3 – Conditions of exercise of the right of withdrawal
Only “ready-to-wear” (page Woman/Man) products, as defined in Article 2, may be the subject of a right of withdrawal.
In case of exercising the right of withdrawal within the time limit referred to in 8.2, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs being borne by the customer.
Returns have to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing to new condition, and, if possible, accompanied by a copy of the purchase invoice for a optimized management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the product, the responsibility of the customer can be engaged.
In case of exercise of the right of retraction of a product from the company POFINEUR, in accordance with the legal provisions, an email must be sent beforehand to the company POFINEUR at the address firstname.lastname@example.org. Then, the company POFINEUR will transmit, as soon as possible, a form of withdrawal to join inside the return package.
10.4 – Products excluded from the right of withdrawal
In accordance with Article L 121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for the so-called “made-to-measure” (page do your own) products, it is POFINEUR products that can be customized (colors, fabrics, sizes …). Orders for personalized items are considered a definitive sale. They are neither taken back nor exchanged (except application of the guarantee).
10.5 – Return address
35 rue Lecourbe – 75015 Paris
10.6 – Refund
In case of exercise of the right of retraction, the company POFINEUR will refund the sums paid (including delivery costs) at the latest within 14 days from the date on which the company POFINEUR is informed of the decision of withdrawal of the customer and according to the same method of payment as the one used for the order (except express agreement of the customer for a refund by another means of payment). This reimbursement date may be deferred until the product is recovered or until the customer has provided proof of the shipment of the product, and the date chosen is the date of the first of these facts.
The POFINEUR company is not required to reimburse the customer the additional costs if it has expressly chosen a more expensive delivery method than the standard delivery method offered on www.pofineur.com.
No sending in cash on delivery will be accepted for any reason.
Article 11 – Guarantees: Conformity of products
11.1 – In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the boxed text below and whose texts are specified in Appendix 1 of these conditions), the company POFINEUR refunds or exchanges the apparently defective products or not corresponding to the customer’s order.
The products must be returned or brought back to the company POFINEUR in the conditions in which the customer received them with all the elements (accessories, labels …) in a packaging allowing transport in good conditions. Shipping costs will be refunded to the customer based on the invoice price and return costs will be refunded to the customer upon presentation of receipts.
11.2 – It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from delivery of the goods to act vis-à-vis its seller;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the lack of conformity of the property during the 24 months following the delivery of the property.
11.3 – It is recalled that the customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
In any case, the provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in Article 8.
Article 12 – Intellectual Property
12.1 – All texts, comments, works, illustrations works and images reproduced or represented on the sites of the company POFINEUR are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use of private use subject to different or even more restrictive provisions of the Code of Intellectual Property is permitted. Any reproduction or total or partial representation of the sites of the company POFINEUR or all or part of the elements found on the sites of the company POFINEUR is strictly prohibited.
12.2 – The corporate names, trademarks and distinctive signs reproduced on the sites of the company POFINEUR are protected under trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
12.3 – Some products such as software are subject to personal and specific rights of use regulating copies, public broadcasts, rentals. The customer must comply with the terms and conditions of sale of these products and www.pofineur.com cannot be responsible for the uses that could be made of products in this context.
Article 13 – Liability
13.1 – The products offered comply with the French legislation in force. The responsibility of the company POFINEUR cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product). It is up to the customer to check with the local authorities the possibilities of importing or using the products or services he plans to order.
Photos are for illustrative purposes. The company POFINEUR invites customers to refer to the description of each product to know the specific characteristics. The company POFINEUR is only responsible for the content of the pages it publishes.
13.2 – The responsibility of the company POFINEUR or the customer cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, because of the other party or a third or external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 14 – Intellectual property
14.1 – The company POFINEUR is the exclusive owner of the intellectual property rights on the products which it markets on the site or in physical shops. It also owns its trademarks, designs, and copyrights associated with such products.
14.2 – It is forbidden to use trademarks, images, designs or any other element on which the company POFINEUR holds intellectual property rights.
14.3 – The intellectual property rights attached to the promotion of the products on the site or any other support, are the exclusive property of the company POFINEUR.
14.4 – Reproduction of any page or content on this site is prohibited without the prior written permission of the company POFINEUR.
Article 15 – Applicable law
15.1 – This contract is subject to French law. The language of this contract is French. In case of dispute, the French courts will be competent.
15.2 – In accordance with the European regulation 524/2013 of 21 May 2013, on the Online Dispute Resolution (RLL) for consumption, you can access the European platform for online dispute resolution by clicking on the following link: http://ec.europa.eu/consumers/odr/.