ARTICLE 1: PREAMBLE
The Shop
The online store on the www.pomdapi.fr website has been set up and is operated by SHOEMAKERS, hereinafter referred to as the Company. Any order validated by the consumer within the pomdapi.fr store implies prior acceptance of these general conditions.
Validity of the order
The consumer acknowledges that he/she is fully aware that his/her agreement to the content of these general conditions does not require a handwritten signature, insofar as the consumer orders the products presented therein online. The consumer declares that he/she has full legal capacity to enter into commitments under these general terms and conditions of sale.
Application of the general terms and conditions of sale
The consumer has the option of saving or editing these general terms and conditions, it being specified that both the saving and editing of this document are the sole responsibility of the consumer, as these conditions may be modified by the Company. In this case, the applicable conditions will be those in force on the site at the time of validation of the order by the consumer.
Contractual information
The online store set up by the Company as part of its Internet site includes the following information
- legal notice enabling precise identification of the Company
- presentation of the essential characteristics of the goods offered
- indication, in Euros (incl. VAT) of the price of the goods and, where applicable, a contribution to postage and packing costs
- indication of payment and delivery terms
- the existence of a right of withdrawal
- the period of validity of the offer
All information on the www.pomdapi.fr is presented in French and English.
Validity of electronic signature
In accordance with the French law of March 13, 2000 on electronic signatures, any order form signed by the consumer by "double click validation" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in the present general terms and conditions of sale.
The "double click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.
Proof of transaction
Computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
ARTICLE 2: PRODUCTS
Information
On its website, the Company presents the products for sale, together with their descriptions, in compliance with Article L 111-1 of the French Consumer Code, which stipulates that the potential consumer must be informed of the essential characteristics of the products he/she wishes to purchase before placing a final order.
Prices / VAT
The prices on the website are indicated in Euros, inclusive of all taxes. They are applicable upon validation of the order by the consumer for delivery within the European Union, and do not include shipping costs, which are invoiced in addition and indicated before final validation of the order form.
Prices are subject to French VAT. Any change in the legal rate of this VAT will be implicitly reflected in the price of the products presented on the www.pomdapi.fr website, on the date stipulated by the relevant implementing decree.
Validity of product offers
The offers presented by www.pomdapi.fr are valid only while stocks last. The Company reserves the right to modify the range of products, their availability times and their prices.
Conformity of product offers
The products offered comply with current French legislation and standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the Company may not be held liable in the event of error or omission in any of these photographs, texts or graphics, information or product characteristics.
ARTICLE 3: ORDERING
Confirmation of order
Contractual information will be confirmed by e-mail.
Non-fulfilment oforder
The company cannot be held responsible for non-fulfilment of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption, total or partial strike, notably of postal services and means of transport and/or communications, flood, fire.
In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and will have the option of modifying or cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid (within 30 days of the date of cancellation of the order), or, if necessary, an exchange of the product, in agreement with the Company. If the new order is for a higher amount, the consumer must pay the balance. Conversely, if the amount of the exchange is less than the initial amount, the consumer will be reimbursed the difference.
If an exchange is not possible, the Company reserves the right to cancel the consumer's order and reimburse any sums received.
Obligations of the retailer
The Company undertakes to inform the consumer of any change in his order relating to time, price, characteristics, in order to give the consumer the opportunity to modify his order accordingly.
Warnings / advice
The Company recommends that the consumer keep a record of the data relating to his order on paper or on a reliable computer medium until the final resolution of his order.
3.2. Anti-fraud checks: impact at the time of ordering?
In order to ensure the security of transactions and to respond to the concern of as many people as possible to prevent fraud in distance selling, we carry out random checks on the placing of orders.
As part of a random check, we invite you by e-mail to send proof of address and/or identity (the aim being to ensure the reality of the identity and address, for example an EDF receipt, a telephone bill, and proof of identity) for the perfection of the order.
In the absence of such proof, or if the documents sent do not enable us to verify the identity of the person placing the order and the reality of his or her address, we will be obliged to cancel the order to guarantee the security of online transactions and proceed with the refund of the same order.
ARTICLE 4: PAYMENT
Payment of the order will be made exclusively by credit card at the time of final validation of the order form via a secure site. No credit card number is stored in the Company's files.
The Company reserves the right to suspend any order processing or delivery in the event of refusal of payment authorization by financial organizations.
The Company has set up an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. However, the consumer is advised that the Company cannot be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected by the verification procedure.
ARTICLE 5: DELIVERY
Restrictions
Deliveries are made only:
- in mainland France, Monaco + Corsica
- in one of the countries belonging to the European Union, i.e., to date : Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta y Melilla), Sweden.
- United Kingdom (excluding Channel Islands)
- Switzerland
- United States
- Canada
- Israel
- United Arab Emirates
- Australia
DOM-TOM countries not listed above are not delivered.
Methods
Products will be delivered by:
- Metropolitan France + Corsica: by COLISSIMO SUIVI
- countries belonging to the European Union: by UPS STANDARD.
- countries outside the European Union: by UPS EXPRESS SAVER.
The company reminds the consumer that he/she must ensure that he/she has provided all the information required for delivery of the order, and in particular the mandatory telephone number where he/she can be reached.
The company cannot be held responsible for any input errors and the consequences thereof, such as a delay and/or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the consumer's expense.
Any opened and/or damaged package, whether accepted or not upon delivery, must be accompanied by "handwritten reservations". These must be notified on the delivery slip by the consumer, who must also inform the service provider and the Company by post within two (2) working days of delivery.
Warnings / advice
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 service provider.
The Company reminds you that in the event of a delivery problem, the consumer must keep all items received in their original condition (including packaging and over-packaging) until the case has been fully resolved.
Any failure to comply with the rules set out above may result in the transport service provider refusing to take charge of the dispute.
We advise you to check your delivery address carefully when summarizing your order. In the event of an error in the delivery address, the shipping costs for a new shipment will be charged to the consumer.
ARTICLE 6: ACCEPTANCE
Terms and conditions
Within two working days of receipt of the parcel, the consumer must notify the Company of any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected without possibility of recourse for the consumer and will release the Company from any liability to the consumer.
Delivery errors
In the event of a delivery that is not intended for the consumer, the consumer is required to keep the parcel(s) as is and to inform the Company's Customer Service department (see "Contact us").
Non-conforming products
In the event of a non-conforming product, the consumer may file a complaint with the Company's Customer Service department (see "Contacting us").
The Company will do everything in its power to rectify the problem encountered by the consumer as quickly as possible. In such cases, and insofar as the error emanates from its services, the Company will take charge of the return of the product(s) by the means of transport of its choice.
Warnings / advice
The consumer is informed that certain documents relating to the parcel(s) may be required of him/her, and must therefore remain in possession of all items received (including packaging) until his/her complaint has been fully resolved.
ARTICLE 7: RIGHT OF WITHDRAWAL
General
The Company grants the consumer a cooling-off period of fourteen (14) days to return products that do not suit him/her. 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 shipping and return costs, which remain the responsibility of the consumer (except in the event of a proven error on the part of www.pomdapi.fr).
The procedure described in "Article 8: Returns" applies to the return of goods.
In the event of exercising the right of retraction, the consumer has the choice of requesting either a refund of the sums collected, or an exchange for an amount equivalent to the sums paid or, where applicable, with a bank supplement.
In the event of exercising the right of retraction, the Company will make every effort to refund the consumer within 15 days of receipt of the return. The consumer will then be reimbursed by a re-credit system (secure transaction) in the case of payment by credit card.
ARTICLE 8: RETURNS
Terms and conditions
All returns must first be notified to the Company's Customer Service department (see "Contact us"), which will provide a returns number.
All products must be returned to the Company in new, resalable condition. Any product that has been damaged, is incomplete, or whose original packaging has been damaged or is missing, will not be taken back.
In all cases, the return remains at the expense and risk of the consumer.
All returns must be sent to the Company within fourteen (14) working days of the agreement to return the product, in its entirety, in its original packaging and in perfect condition, to the Company's address.
The return number must be clearly marked on the return packaging, and the return slip must be printed and inserted in the package.
No cash-on-delivery shipment will be accepted, whatever the reason.
If the above procedures are not followed, no claim for non-conformity or apparent defect of the products delivered will be accepted.
ARTICLE 9: RESIDENTS OUTSIDE METROPOLITAN FRANCE
Intracommunity VAT
All residents of the European Union will be invoiced the amount of French VAT when validating their order.
Terms
As Internet sales are reserved for private consumers, the latter must pay the prices indicated on the www.pomdapi.fr website, inclusive of all taxes.
When placing an order, the consumer must provide a billing address located in a state or country belonging to the European Union.
Special cases
In the event of the relocation of an order or a product to a country other than metropolitan France, the Company reminds the consumer that he/she remains the importer of the product(s) concerned. Any customs duties, other local taxes, import duties or state taxes that may be payable are not the responsibility of the Company. It is the consumer's responsibility to check with the local authorities the possibilities of importing or using the products or services he/she intends to send, with regard to the legislation of the country concerned.
ARTICLE 10: LEGAL NOTICES & CLAUSES
Force majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure.
A fortuitous event or force majeure is considered to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals:
- blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning
- stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Links
Hypertext links may lead to sites other than that of www.pomdapi.fr . The Company declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Intellectual Property - Rights of use
All models presented on the site are reserved under copyright and intellectual property law. The use of the Company's products is granted to the consumer on a private basis. Any other use constitutes an infringement of copyright and is punishable under the Intellectual Property Code without the prior authorization of La Société. Any total or partial reproduction of the catalog is strictly forbidden.
Informatique et libertés
It is compulsory to provide nominative information collected for the purposes of distance selling, as this information is essential for the processing and routing of orders and the preparation of invoices. Failure to provide this information will result in non-validation of the order.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the consumer has the right to access and rectify data concerning him or her, and may exercise this right by sending a letter to the Company.
The user is informed that this automated processing of information, in particular the management of user e-mail addresses, has been declared to the CNIL (Receipt no. 1968465 v 0).
Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.
Applicable law
These general terms and conditions are subject to French law. In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is given to the competent courts of La Roche sur Yon. In the event of a dispute or claim, the consumer should first contact the Company for an amicable solution.
To contact us :
By e-mail: pomdapi@pomdapi.fr
By post :
SHOEMAKERS
9 rue des chouans
85500 CHANVERRIE
France
Please quote your order number in all correspondence.