General Conditions of Sale
General Conditions of Sale (GCS):
Article 1: Preamble
The online boutique of the www.pomdapi.fr website has been set up by the SHOEMAKERS company, which is the operator, hereunder referred to as the Company. All orders validated by the consumer within the www.pomdapi.fr boutique imply prior acceptance of the present general conditions.
Validity of the order
The consumer acknowledges having being completely informed of the fact that his/her agreement concerning the content of the present general conditions does not require a handwritten signature, in so far as the consumer is ordering online the products presented. The consumer declares him/herself to be fully legally competent, which enables him/her to accept the present general conditions of sale.
Application of the General Conditions of Sale:
The consumer has the ability to save or print out the present general conditions. Given that this is the sole responsibility of the consumer, the said conditions are liable to be modified by the Company. In this case, the conditions applicable will be those in force on the website during confirmation of the order by the consumer.
The online boutique set up by the Company in he context of its website mentions the following information
- legal notice enabling exact identification of the Company
- presentation of the essential characteristics of the goods on offer
- indication, in Euros (inclusive of tax) of the prices of goods and if necessary, contribution to the packaging and delivery costs.
- indication of payment and delivery methods
- the existence of the right to retract
- the validity period of the offer
All information on the www.pomdapi.fr site is presented in the French and English languages.
Validity of the electronic signature
In compliance with the law dated 13th March 2000 concerning electronic signatures, any order form signed by the consumer by the 'confirmation double click' constitutes irrevocable acceptance which can only be called into question in the limited circumstances defined in the present general sales conditions.
The "double click" brings together the procedures of authentication, non-repudiation and protection of the integrity of messages, and constitutes an electronic signature. This electronic signature is the legally binding equivalent of a handwritten signature between the parties.
Proof of transaction
The computerized registers, kept in the Company's information systems in reasonably secure conditions, will be considered to be proof of communications, orders and payments having taken place between the parties.
Article 2: Products
On its website, the Company presents products for sale along with their descriptions, enabling compliance with article L 111-1 of French Consumer Law (Code de la Consommation). This article states that the potential consumer should be informed of the essential characteristics of the products s/he wishes to buy, prior to making a definitive order.
Prices / VAT
Prices on the website prices are shown in Euros inclusive of all tax (TTC). They are applicable on confirmation of the order by the consumer for delivery anywhere in the European Union, and do not include any charge for delivery costs, which are invoiced in addition, and displayed prior to final confirmation of the order form.
Prices are subject to French VAT and any change in the legal rate of this VAT will implicitly affect the prices of the products presented on the www.pomdapi.fr website, on the date stipulated by the relevant implementation decree.
Validity of product offers
The offers presented by www.pomdapi.fr are valid only within the limit of available stock. The Company reserves the right to modify the selection of products, their availability timescales and their prices.
Compliance of product offers
The products on offer are compliant with current French legislation and standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products on offer are not contractual. In consequence, the Company cannot be held responsible in case of any error or omission in one of these photographs, texts or graphics, or in information about or characteristics of the products.
Article 3: Order
The contractual information is the subject of an email confirmation.
Nonfulfilment of the order
The Company may not be held responsible for nonfulfilment of an order concluded in case of: a rupture in stock, unavailability of the product, force majeure, disruption, total or partial strike action – particularly concerning postal/transport/communication services - flood or fire.
If the product ordered is unavailable, the consumer will be informed of this as soon as possible, and will have the opportunity to either modify or cancel the order. The consumer is then offered the choice of requesting either a refund of the sum paid (which will be made 30 days at the latest after the order cancellation date), or another product in exchange, to be agreed with the company. If the new order is more expensive, the consumer will have to pay the outstanding amount due. If, on the other hand, the new order is less expensive than the initial order, the difference will be refunded to the consumer.
If it is impossible to exchange the product, the Company reserves the right to cancel the consumer's order and to refund the sum paid.
The Company undertakes to inform the consumer of any change affecting the order relating to delivery timescale, price, or characteristics, in order to enable the consumer to decide to modify his/her order in consequence.
The Company recommends that the consumer keep a paper or reliable computerized record of the data relating to their order until definitive resolution of the order.
Article 4: Payment
Payment for orders can only be made by bank card at the point of final validation of the order form, and via the intermediary of a secure website. No bank card numbers are conserved in Company files.
The Company reserves the right to suspend handling of any order or delivery in case of a refusal by the financial institutions to authorise payment.
To ensure the security of transactions and in order to prevent any kind of fraudulent
actions by selling through the internet, we conduct some random checks on some orders.
In a random check, we'll ask you to provide us a proof of residence and identity (the aim being to make the
real identity and delivery adress match-such as electricty bill, phone bill and an identity document) for the
confirmation of order.
A lack of evidence or if the documents sent can not prove the identity of the purchaser, we would
have to cancel the order to ensure safety online transactions.
The Company has set up a procedure for order verification intended to ensure that no-one is able to use the banking details of another person without their knowledge. However, the consumer is advised that the Company cannot be held responsible for any embezzlement or fraudulous use of any means of payment that should escape detection by the verification procedure.
Article 5: Delivery
Deliveries are only made to:
- Metropolitan France, Monaco + Corsica
- any of the European Union countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain (not including the Canary Islands, Ceuta y Melilla), Sweden.
- The United Kingdom (not including the Channel Islands)
- The United States
- The United Arab Emirates
The DOM-TOM countries and countries not listed below are not delivered to.
Details of delivery methods
Products will be express-delivered to:
- Metropolitan France + Corsica: via COLISSIMO FRANCE
- in European Union countries: by UPS STANDARD.
- Outside the European Union: by UPS EXPRESS SAVER.
The Company reminds the consumer that s/he is required to ensure that all information necessary to delivery of the order be provided. In particular a telephone number at which s/he can be reached MUST be supplied.
The Company cannot be held responsible for any typing errors, nor for any ensuing consequences, such as a late delivery or delivery to the wrong address. In this context, all costs incurred by re-dispatching the order will be entirely at the charge of the consumer.
Any open and/or damaged parcel, whether accepted or not on delivery, should be accompanied by "written reservations". These should be notified on the delivery slip by the consumer, who should also inform both the service provider and the Company in writing within two (2) working days of the delivery.
Only the damages and anomalies mentioned in the reservations emitted by the consumer will be taken into account in resolution of the dispute by the transport provider.
The Company reminds you that in case of a delivery problem, the consumer must imperatively conserve all the elements received as they were received (packaging and outer packaging included) until the issue has been completely settled.
Any failure to comply with the above-defined rules may result in a refusal by the transport provider to handle the dispute.
We strongly advise you to check your delivery address on the order summary closely. In case of an error in the delivery address, the delivery charges engendered by a new dispatch will be at the consumer's charge.
Article 6: Reception
Any complaint - regarding a delivery error and/or non-compliance of products, in terms of nature or quality in relation to the information appearing on the order form, must be addressed to the Company within two working days of reception of the parcel. Any complaint made beyond this period will be rejected without any possibility of recourse for the consumer, and will release the Company of all responsibility towards the consumer.
In case of receipt of a delivery that was not intended for you, the consumer must keep the parcel(s) in arrival condition and inform the Company's Customer Service according to the methods detailed in 'Contact us'.
In case of a non-compliant product, the consumer should address a complaint to Company's Customer Service according to the methods detailed in 'Contact us'.
The Company will do everything in its power to resolve the consumer's problem within the shortest possible time. In these exact circumstances, and in so far as the error emanates from its services, the Company will pay for the return of the product(s) via the means of transport of its choice.
The consumer is informed that certain documents related to the parcel(s) may be requested and must therefore retain all elements received in his/her possession (including packaging) until the complaint has been thoroughly resolved.
Article 7: Right to retract
The Company allows the consumer a retraction period of seven (7) days in which to return any products that are unsuitable. This 7-day period is counted from the date of delivery of the product to the consumer. This right to retract can be exercised without attracting any penalty, except for the costs of delivery and return, which remain at the consumer's expense (unless www.pomdapi.fr has made an acknowledged error).
The procedure described in 'Article 8: 'Returns' applies to the return of merchandise.
In the event of the right to retract being exercised, the consumer has the choice of either requesting the refund of sums paid, or requesting an exchange for an equivalent amount of money, or, if the item chosen is more expensive, with payment of the difference.
In the event of the right to retract being exercised, the Company will make every effort to refund the consumer within 15 days of reception of the return. The consumer will then be refunded by the re-credit system (secure transaction) in case of payment by bank card.
Article 8: Returns
The company's Customer Service Department must be informed of all returns before they are made (see the "Contact us" category). They will supply you with a return number.
All products returned to the Company must be in new condition and fit for resale. Any product which has been damaged, is incomplete, or whose original packaging is damaged or absent, will not be taken back.
In all circumstances, the return remains at the consumer's own cost and risk.
All returns must be sent to the Company within fourteen (14) working days following the return agreement, and must be in perfect condition and entirely enclosed in its original packaging, to the Company's address.
The return number allocated should be clearly marked both on the outside of the parcel and on the return coupon, which should be slipped inside the parcel.
No C.O.D. deliveries will be accepted, for any reason whatsoever.
Unless the above-described procedures are respected, no complaint for non-compliance or obvious defect in the delivered products will be accepted.
Article 9: Residents outside of Metropolitan France
All residents of the European Union will be invoiced for French VAT when their order is confirmed.
Because internet sales are reserved for individual consumers, the consumer must pay the prices shown inclusive of tax (TTC) on the www.pomdapi.fr website (as well as delivery charges).
An invoicing address situated in a state or country that is part of the European Union must be included with the order.
Should an order originate from, or a product be delivered to, a country other than Metropolitan France, the Company reminds the consumer that s/he then becomes an importer of the product(s) in question. Any customs duty, other local taxes, import duty, or state taxes liable to be payable are not the responsibility of the Company. It is up to the consumer to verify the possibilities for importation or use of products or services that s/he envisages bringing in, with regard to the legislation of the country in question.
Article 10: Legal information & notices
Neither party will have failed to meet its contractual obligations insofar as the fulfilment of its obligations will be delayed, hampered, or prevented by a case of force majeure.
Only compelling facts or circumstances will be considered to be a case of force majeure. These facts and circumstances must be compelling, beyond the control of the parties, unpredictable, unavoidable, independent of the will of the parties and which the parties are unable to prevent, in spite of all reasonably possible effort being made.
Explicitly, the following circumstances are considered to be cases of force majeure, other than those usually retained by the jurisprudence of French courts and tribunals:
- the blockage of means of transport of provisions, earthquake, fire, hurricane, flooding, lightning
- the shutdown of telecommunications networks, or the telecommunications networks' own difficulties in providing a service to external customers.
Hypertext links may send you to sites other than that of www.pomdapi.fr. The Company cannot be held responsible if content of these sites contravenes legal and regulatory measures in force.
Intellectual Property – Rights of use
All models presented on the website are protected in terms of both copyright and intellectual property. Use of the Company's products is accorded to the consumer as a private individual. Any other use constitutes piracy and is penalized under the law governing Intellectual Property, unless the Company has given prior authorisation. Total or partial reproduction of the catalogue is strictly forbidden.
Data Protection and Liberties
The completion of nominative information collected for the purpose of mail order sales is compulsory, given that this information is indispensable in order to process and dispatch orders, as well as for invoicing purposes. Any failure to supply the relevant information will result in non-confirmation of the order.
In compliance with the French 'Informatique et libertés' (Data Protection and Liberties)law, no. 78-17 dated 6 January 1978, the consumer has a right of access and rectification to data concerning him/her, and may exercise this right by sending a letter to the Company.
The user is informed that this automated information processing, and in particular the management of users' email addresses, has been declared to the CNIL(French National Commission for Data Protection and Liberties) (receipt no. 1968465 v 0).
If one or several of the provisions made in the present general conditions should be held to be invalid by the application of a law or regulation, or following the definitive decision of a competent court, the other stipulations will retain all their force and scope.
The present general conditions are subject to French law. The attribution of competence in case of dispute and failure to reach an amicable agreement between the two parties, is given to the competent tribunals of La Roche sur Yvon. In case of dispute or complaint, the consumer should first address the Company to obtain an amicable solution.
by phone : +33 (0)2 52 61 02 11
from Monday to Friday, 09AM to 12AM
by E-mail : firstname.lastname@example.org
by Post :
POM D'API Online Shop
9 rue des Chouans
Please give your order number in all your message