ARTICLE 1: PREAMBLE
The online store on the website www.pomdapi.fr was put in place by the company Shoemakers which is the operator, hereinafter referred to as the company. Any order validated by the consumer within the Pomdapi.fr shop implies the prior acceptance of these terms and conditions.
Validity of the order
The consumer recognizes being perfectly informed that his agreement concerning the content of these General Conditions does not require a handwritten signature, to the extent that the consumer order online the products that are presented. The consumer states having the full legal capacity allowing him to undertake under these terms and conditions of sale.
Application of the General Conditions of Sale
The consumer has the faculty of safeguarding or publishing these general conditions, being specified that both the safeguard and the edition of this document fall within its sole responsibility, these so-called conditions being subject to change by the Company. In this case, the applicable conditions will be those in force on the site during the validation of the order by the consumer.
The online store set up by the company as part of its website mentions the following information
- Legal notice allowing precise identification of society
- Presentation of the essential characteristics of the proposed property
- indication, in euros (TTC) of the price of the goods and where applicable, participation in the costs of postage and packaging
- Indication of payment and delivery methods
- the existence of a right of withdrawal
- the duration of validity of the offer
All the information of the website www.pomdapi.fr is presented in French and English language.
Validity of the electronic signature
In accordance with the law of 13 March 2000 on the electronic signature, any order form signed by the consumer by "double click" constitutes an irrevocable acceptance which can only be denied in the cases limitedly provided for in these terms and conditions of sale.
The "double click" associated with the authentication procedure, non-repudiation and protection of message integrity constitute an electronic signature. This electronic signature has a handwritten signature value between the parties.
Proof of transaction
Computerized registers, kept in the Company's IT systems under reasonable safety requirements, will be considered evidence of communications, orders and payments between the parties.
ARTICLE 2: PRODUCTS
The Company presents on its website the products to be sold as well as their descriptions allowing to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy.
The prices of the site are indicated in Euros all taxes included (TTC). They are applicable during the validation of the order by the consumer for delivery in a territory of the European Union and do not include participation in the shipping costs, invoiced in addition, and indicated before the final validation of the purchase order.
The prices are subject to the French VAT and any change in the legal rate of this T. V. A will be implicitly reflected on the price of the products presented on the site www.pomdapi.fr, on the date stipulated by the application order referring thereto.
Validity of product offerings
The offers presented by www.pomdapi.fr are valid only within the limit of available stocks. The Company reserves the right to modify the assortment of products, their availability deadlines and their prices.
Product Offering Compliance
The products proposed are in accordance with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the liability of the Company cannot be incurred in the event of error or omission in any of these photographs, texts or graphics, information or characteristics of the products.
ARTICLE 3: ORDER
Contractual information will be confirmed by e-mail.
The Company shall not be held responsible for the breach of the contract concluded in the event of failure of stock or unavailability of the product, force majeure, disturbance, total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire.
In case of unavailability of the product ordered the consumer will be informed at the earliest and will have the possibility to modify or cancel his order. The consumer will then have the option of requesting either the refund of the cashed amounts (intervenor within 30 days after the date of cancellation of the order), or, where applicable, a product exchange, in agreement with the Company. If the new order is higher, the consumer will have to pay for the balance. Conversely, if the amount of the exchange is less than the initial amount, the consumer will receive the refund of the difference.
In case of impossibility of exchange, the Company reserves the right to cancel the order of the consumer and to refund the sums received.
The Company undertakes to inform the consumer of any changes made in its order relating to the time limit, price, characteristics, in order to allow the latter the decision to modify its order accordingly.
The Company recommends to the consumer to keep track of the data relating to his order in paper form or on reliable computer support until the final resolution of his order.
3.2. Anti-fraud controls: impact on the order?
In order to ensure the security of transactions and to respond to the concern of the greatest number to prevent distance selling fraud, we conduct random checks on the placing of orders.
In the framework of a random check, we invite you by email to transmit proof of residence and/or identity (the purpose being to ensure the reality of identity and domicile, for example, an EDF release, a telephone bill, and an identity document) for the perfection of the order.
In the absence of proof or if the documents addressed do not allow to ascertain the identity of the author of the order and the reality of the domicile, we would be obliged to cancel the order to guarantee the security of the online transactions and proceed to the refund of that same order.
ARTICLE 4: PAYMENT
The payment of the order will intervene exclusively by credit card during the final validation of the purchase order via a secure site. No credit card number is retained in the company's files.
The Company reserves the right to suspend any order management or delivery in case of refusal of payment authorization from the financial institutions.
The Company has set up a command verification procedure to ensure that no person uses the bank details of another person without his knowledge. However, the consumer remains advised that the Company can not be held responsible for any malpractice or fraudulent use of any means of payment which would not have been detected by the verification procedure.
ARTICLE 5: DELIVERY
Deliveries are made only:
-in metropolitan France, Monaco + Corsica
-in one of the countries belonging to the European Union, to date: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain (excluding the Canaries, Ceuta y Melilla), Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden.
-In the United Kingdom (excluding the Channel Islands)
-The United States
-In the United Arab Emirates
The DOM-TOM countries not listed above are not delivered.
The products will be delivered by:
-Metropolitan France + Corsica: by COLISSIMO FOLLOW-UP
-countries belonging to the European Union: UPS STANDARD.
-country outside the European Union: by UPS EXPRESS SAVER.
The Company reminds the consumer that he is obliged to ensure that he has mentioned all the information relevant to the delivery of his order and in particular the obligatory telephone number to which he can be reached.
The latter cannot be held responsible for any errors of entry and the consequences which would arise such as a delay and/or a delivery error. In this context, all costs incurred for the reshipping of the order will be entirely the responsibility of the consumer.
All packages opened and/or damaged, whether accepted or not accepted for delivery, must be accompanied by "handwritten reserves". These will have to be notified on the delivery slip by the consumer, who will also have to inform the provider and the Company by mail within two (2) working days following delivery.
Only the damage and anomalies mentioned in the reservations made by the consumer will be taken into account in the resolution of the dispute by the transport provider.
The Company recalls that in the event of a delivery problem, the consumer must keep all the elements received in the state (including packaging and over-packaging) until the complete resolution of his file.
Failure to comply with the rules defined above may give rise to the refusal of the transport provider to take over the dispute.
We advise you to check your shipping address at the order summary. If there is an error on the shipping address, the shipping charge for a new shipment will be the responsibility of the consumer.
ARTICLE 6: RECEPTION
The consumer shall make representations to the Company within two working days following the date of receipt of the package, any claim for error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the purchase order. Any complaint made beyond that period will be rejected without the possibility of recourse for the consumer and will relieve the Company of any liability vis-à-vis the consumer.
In the course of a delivery which is not intended for it, the consumer is required to keep the package in the state and to inform them according to the terms and conditions, the Customer Service of the Company (see " Contact us ")FILE.
In the event of a non-compliant product, the consumer may make this claim in accordance with the terms and conditions of the Customer Service of the Company (see " Contact us ")FILE.
The Company will make every effort to regularize the problem encountered by the consumer as soon as possible. In these specific cases and to the extent that the error emanates from its services, the Company will take care of the return of this product (s) by the mode of transport of its choice.
The consumer is informed that certain documents relating to the package can be claimed and must therefore remain in possession of all the items received (including packaging) until the full resolution of his claim.
ARTICLE 7: RIGHT OF WITHDRAWAL
The Company gives the consumer a cooling-off period of fourteen (14) days to return products that do not suit the consumer. This period runs from the date of delivery of the product to the consumer. This right of withdrawal is exercised without penalty, with the exception of the costs of sending and return which remain at the expense of the consumer (unless proven error on the part of www.pomdapi.fr).
The procedure described in " Article 8: Returns " S applies for the return of the goods.
In the event of the exercise of the right of withdrawal, the consumer has the option of claiming either the refund of the cashed amounts or an exchange of an amount equivalent to the amounts paid or, where applicable, with a bank supplement.
In the event of the exercise of the right of withdrawal, the Company will make every effort to reimburse the consumer within 15 days of receipt of the return. The consumer will then be reimbursed by credit system (secure transaction) in case of payment by credit card.
ARTICLE 8: RETURNS
Any return must first be reported to the Customer Service of the Company (see " Contact us ") Which will provide a return number.
All products must be returned to the Company, in a new state and suitable for resale. Any product that would have been damaged, incomplete, or whose original packaging would be damaged or absent, will not be resumed.
In all cases, the return remains dependent on the risks of the consumer.
Any return shall be sent to the Company within fourteen (14) working days following the return agreement and given in its entirety in its original packaging and in perfect condition, to the address of the Company.
The return number shall be prominently displayed on the return package and the return order shall be printed and slipped inside the package.
No refunding will be accepted, regardless of the reason.
In the absence of compliance with the above procedures, no claim for non-compliance or apparent defect in delivered products will be accepted.