TERMS OF SALES

ARTICLE 1: PREAMBLE

The Boutique
The online store of the website www.pomdapi.fr was set up by the SHOEMAKERS Company which is the operator, 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 being fully informed of the fact that its agreement regarding the content of these general conditions does not require a handwritten signature, to the extent that the consumer orders the products presented therein online. The consumer declares to have the full legal capacity allowing him to commit under these general conditions of sale.

Application of the general conditions of sale
The consumer has the right saving or editing these general conditions, it being specified that both the saving and the editing of this document are its sole responsibility, these said conditions being subject to modification by the Company. In this case, the applicable conditions will be those in force on the site when the consumer validates the order.

Contractual information
The online store set up by the Company as part of its website mentions the following information
- legal notice allowing precise identification of the Company
- presentation of the essential characteristics of the goods offered
- indication, in Euros (including tax) of the price of the goods and where applicable, contribution to postage and packaging costs
- indication of the payment and delivery terms
- the existence of a right of withdrawal
- the period of validity of the offer
All information on the site www.pomdapi.fr is presented in French and English.

Validity of the electronic signature
In accordance with the law of March 13, 2000 on the electronic signature, any order form signed by the consumer by "double click of validation" constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale.
The “double click” associated with the procedure of authentication, non-repudiation and protection of the integrity of messages constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.

Proof of transaction
The computerized records, 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
The Company presents on its website the products for sale as well as their descriptions allowing it to comply with article L 111-1 of the Consumer Code, which provides for the possibility of potential consumer to know before taking the final order the essential characteristics of the products he wishes to purchase.

Price / VAT
The prices on the site are indicated in Euros all taxes included (incl. VAT). 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 the contribution to shipping costs, invoiced in addition, and indicated before the final validation of the order form .
Prices are subject to French VAT and any change in the legal rate of this VAT will be implicitly reflected in the price of the products presented on the site www.pomdapi.fr, on the date stipulated by the implementing decree therein. referent.

Validity of product offers
The offers presented by www.pomdapi.fr are only valid while stocks last. The Company reserves the right to modify the assortment of products, their availability times and their prices.

Compliance of product offers
The products offered comply with 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 Company cannot be held liable in the event of an error or omission in any of these photographs, texts or graphics, information or product characteristics.

ARTICLE 3: ORDER

Confirmation of the order
Contractual information will be confirmed by email.

Non-execution of the order
The Company cannot be held responsible for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption, total or partial strike, particularly postal services and means of transport and/or communications, flooding, fire.

In the event of unavailability of the ordered product, the consumer will be informed as soon as possible and will have the possibility of modifying or canceling their order. The consumer will then have the choice of requesting either a refund of the sums collected (occurring within 30 days at the latest following the date of cancellation of the order), or, where applicable, an exchange of the product, in agreement with the Company. If the new order is for a higher amount, the consumer will have to pay the balance. Conversely, if the amount of the exchange is less than the initial amount, the consumer will receive a refund of the difference.

If an exchange is impossible, the Company reserves the right to cancel the consumer's order and refund the amounts collected.

Obligations of the reseller
The Company undertakes to inform the consumer of any change in their order relating to the deadline , price, characteristics, in order to leave the latter the decision to modify his order accordingly.

Warnings / advice
The Company recommends that the consumer keep a trace of the relative data to his order on paper or on reliable computer support until the final resolution of his order.

3.2. Anti-fraud controls: implications when ordering ?

In order to ensure the security of transactions and to respond to the concern of the greatest number of people 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 email to send proof of address and/or identity (the aim being to ensure that you the reality of identity and domiciliation for example an EDF receipt, a telephone bill, and an identity document) for the completion of the order.

In the absence of proof or if the documents addressed do not make it possible to ensure the identity of the author of the order and the reality of the domiciliation, we would be obliged to cancel the order to guarantee the security of online transactions and to reimburse the this same command.

ARTICLE 4: PAYMENT

Payment of the order will take place exclusively by credit card during final validation of the order form via a secure site. No bank card number is kept in the Company's files.

The Company reserves the right to suspend any order management or delivery in the event of refusal of payment authorization from the financial organizations.

The Company has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. However, the consumer remains informed that the Company cannot be held responsible for any embezzlement or fraudulent use of any means of payment which 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, to date: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain (excluding Canary Islands, Ceuta and 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)

- In Switzerland

- In the United States

- In Canada

- In Israel

- In the United Arab Emirates

- In Australia


Overseas territories and countries not listed above are not delivered.

Terms
The 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 recalls to the consumer that he is required to ensure that he has mentioned all the information useful for the delivery of his order and in particular the obligatory telephone number at which he can be reached.
The latter cannot be held responsible for any possible entry errors and the resulting consequences such as a delay and/or delivery error. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the consumer.

Any open and/or damaged package, accepted or not on 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 mail within two (2) working days following delivery.

Warnings / advice
Only the damages and anomalies mentioned in the reservations expressed by the consumer will be taken into account in the resolution of the dispute by the transport provider.
The Company reminds that in the event of a delivery problem, the The consumer must keep all items received as is (including packaging and excess packaging) until their file is completely resolved.
Any breach of the rules defined above may result in refusal to handle the dispute by the transport provider.

We advise you to carefully check your delivery address when summarizing the order. In the event of an error on the delivery address, the shipping costs for a new shipment will be the responsibility of the consumer.

ARTICLE 6: RECEIPT

Terms

The consumer must make to the Company, within two working days following the date of receipt of the package, any claim of delivery error and/or non-compliance conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made beyond this period will be rejected without possibility of recourse for the consumer and will release the Company from any liability towards the consumer.

Delivery errors
In in the context of a delivery which is not intended for him, the consumer is required to keep the package(s) in the same condition and to inform the Company's Customer Service according to the terms and conditions (see “Contact us”) .

Non-compliant products
In the event of a non-compliant product, the consumer may make this complaint according to the terms and conditions, to the Company's Customer Service (see “Contact us” ).
The Company will make every effort to resolve the problem encountered by the consumer as quickly 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.

Warnings / advice
The consumer is informed that certain documents related to the package(s) may be requested from him and must therefore remain in possession of all items received (including packaging) until his complaint is completely resolved .

ARTICLE 7: RIGHT OF WITHDRAWAL

General
The Company grants the consumer a withdrawal period of fourteen (14) days to return products that do not suit them. 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 (unless an error is proven on the part of www.pomdapi.fr).
The procedure described in l ' "Article 8: Returns" applies to the return of the goods.

In the event of exercising the right of withdrawal, the consumer has the choice of requesting either reimbursement of the sums collected, either an exchange of an amount equivalent to the sums paid or, where applicable, with a bank supplement.
In the event of exercising the right of withdrawal, the Company will make every effort to reimburse the consumer within 15 days following receipt of the return. The consumer will then be reimbursed by re-credit system (secure transaction) in the event of payment by bank card.

ARTICLE 8: RETURNS

Terms
Any return must first be reported to the Company's Customer Service (see “Contact us”) who will provide a returns number.

All products must be returned to The Company, in new condition and suitable for resale. Any product which has been damaged, which is incomplete, or whose original packaging is damaged or missing, will not be taken back.
In all cases, the return remains the responsibility and risk of the consumer.
In all cases, the return remains the responsibility and risk of the consumer.
t495>
Any return must be sent to the Company within fourteen (14) working days following the return agreement and delivered in its entirety in its original packaging and in perfect condition, to the Company's address .
The granted return number must appear visibly on the return packaging and the return slip must be printed and slipped inside the package.

No cash on delivery will be accepted , whatever the reason.

Failure to comply with the procedures cited above, no claim for non-compliance or apparent defect of the delivered products will be accepted.

ARTICLE 9: RESIDENTS OUTSIDE METROPOLITAN FRANCE

Intra-community VAT
All residents of the European Union will be billed the amount of French VAT when validating their order.

Terms
t205>
Internet sales being reserved for individual consumers, the latter must pay the prices indicated all taxes included (TTC) on the website www.pomdapi.fr.
The consumer must mention when ordering, a billing address located in a state or country that is part of the European Union.

Special cases
As part of the relocation of an order or a product to a country other than mainland France, the Company reminds the consumer that they remain the importer of the product(s) concerned. Any customs duties, other local taxes, import duties, or state taxes that may be payable will not be the responsibility of the Company. It is up to the consumer to check with local authorities the possibilities of importing or using the products or services they plan to transport with regard to the legislation of the country concerned.

ARTICLE 10: LEGAL NOTICES & LEGAL CLAUSES

Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure .
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as fortuitous event or force majeure. t509>Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
- the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning
- the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Links
Hypertext links may refer to sites other than www.pomdapi.fr. The Company disclaims all liability 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 is reserved under copyright as well as Intellectual Property. The use of the Company's products is granted to the consumer on a private basis. Any other use constitutes counterfeiting and is punishable under Intellectual Property law without prior authorization from the Company. Any total or partial reproduction of the catalog is strictly prohibited.

Computers and freedoms
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders as well as the preparation of invoices. Failure to provide information results in non-validation of the order.
In accordance with the French law “Informatique et libertés” n°78-17 of January 6, 1978, the consumer has the right to access and rectify data concerning him and can 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 users' email addresses, has been the subject of a declaration to the CNIL (Receipt No. 1968465 v 0).

Non-partial validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

Applicable law
These general conditions are subject to French law. Jurisdiction in the event of a dispute and in the absence of an amicable agreement between the parties is given to the competent courts of La Roche sur Yon. In the event of a dispute or complaint, the consumer will contact the Company as a priority to obtain an amicable solution.

To contact us :

By E-mail: pomdapi@pomdapi.fr

By Mail:

SHOEMAKERS
9 rue des chouans
85500 CHANVERRIE
France


Please indicate your order number in all correspondence.