GENERAL TERMS AND CONDITIONS OF SALE

Preamble

Pomoneparis.com website (hereinafter referred to as the Site) enables the French company POMONE SAS (hereinafter referred to as POMONE) to market its own cosmetic products, under POMONE Paris brand, designed and manufactured in France (hereinafter referred to as the Products), to Internet users browsing the site (hereinafter referred to as Users).

The Products are based on the power of the apple and contain ingredients extracted from the apple. They offer a high degree of cosmetic expertise with natural, clean and safe formulas and a careful presentation. The Products marketed on the Site comply with French legislation and European Standards in force.

The User, not acting for professional purposes, having validated an order is called the Buyer.

The Buyer acknowledges having read the main and essential characteristics of the Products before placing an order.

Article 1 – Purpose and acceptance of the general conditions of sale

The offer and sale of products on the Site are governed by the present general conditions of sale (hereinafter referred to as GCS) which define the rights and obligations of POMONE, the User and the Buyer.

Any order of Products offered on the Site implies the consultation, prior to the order, of the GCS and their acceptance by the Buyer materialised by a box to be ticked.

POMONE reserves the right to modify the present GCS at any time, without prior notice, it being understood that such modifications will be inapplicable to orders previously validated by the Buyer.

Article 2 – Products on sale on the Site

The Products offered for sale by POMONE are those which appear on the Site, on the day of consultation of the Site by the User, and within the limits of available stocks. The photographs illustrating the Products are not contractual.

The Buyer may, prior to placing an order, take note, on the Site, of the main and essential characteristics of the products he/she wishes to order. The Buyer acknowledges having read the main and essential characteristics of the Products before placing an order.

Article 3 – Prices of products on sale on the Site

Prices of the Products are indicated in euros including all taxes with the VAT rate in force in France.

Products shipped within the European Union will be invoiced in euros including all taxes with the VAT rate in force in France. Products shipped outside of the European Union will be invoiced in euros, excluding taxes.

Prices do not include shipping costs, which will be charged in addition to the price of the Products purchased, nor customs duties and other taxes due in the country of arrival, which will be borne by the Buyer. The shipping terms are specified in Article 6 – Delivery. The delivery costs will be indicated to the Buyer, at the end of his/her selection of Products, according to the delivery method chosen and the delivery address.

POMONE reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of validation of the order by the Buyer, subject to the availability of the Products.

Article 4 – Order

The User, who wants to place an order, must select the different Products he/she wants to order and click on ADD TO BASKET. By clicking on the CART, the User will have access to the list of the different Products he has selected and will be able to modify his order if he so wants to.

If the summary of the order, which then appears on the screen, corresponds to the Products selected, the User may continue with the order by logging in to his/her Customer Account, if he/she is already a customer, by entering his or her e-mail address and password, or by creating a Customer Account by specifying his/her surname, first name, e-mail address and postal address. If the delivery or billing address is different from the postal address of the Customer Account, the Buyer must specify this.

The User will then choose the delivery method according to Article 6 – Delivery. The delivery costs will then appear on the screen.

The User may then validate the order and finalise it by proceeding to payment in accordance with Article 5 – Payment. The validation of the order by the Buyer is subject to the acceptance of these GCS by ticking a box indicating that he/she has read and accepted the GCS.

The entry of the User’s identifiers attests to his/her identity and his/her agreement to finalise the order.

The User may, during the ordering process, modify and correct the data entered such as the composition of the basket, the delivery address and the invoicing address before validating the order.

The order may be placed in French or English.

Article 5 – Payment

The payment of the order by the Buyer is made by credit card (Carte Bleue, Visa, American Express, Mastercard).

The Buyer guarantees that he/she is fully authorised to use the bank card used, that it is valid and that it contains sufficient funds to pay for the order.

POMONE reserves the right to suspend or cancel any order from a Buyer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order.

After validation of the payment, an order confirmation will be sent to the Buyer, to the email address that he/she will have indicated in his/her Customer Account. If the email address has been incorrectly entered by the Buyer or more generally if the order confirmation is not received, POMONE cannot be held responsible.

The Buyer may contact POMONE, via the Contact form on the Site or by email at contact@pomoneparis.com, if he/she has not received the order confirmation within 24 hours.

The order confirmation will specify the Products ordered, the terms of payment and delivery, and the delivery costs. The Buyer may print out the order confirmation and file it at his/her convenience.

The Products will only be sent once POMONE has received payment. The sale of the Products is carried out with reservation of title, the Products remaining the property of POMONE until full payment of the price.

In the event that one or more Products are unavailable after the order has been placed, the Buyer will be informed by email at the address he/she has indicated in his/her Customer Account. The amount of the order will be recalculated and the Buyer will be credited with the amount corresponding to the missing Products via the payment method used when placing the Order.

Article 6 – Delivery

POMONE delivers to metropolitan France, Corsica, France overseas, European Union countries, United Kingdom, Switzerland, Norway, Monaco, United States of America, Canada, South America, Central America, Japan, Singapore, South Korea, Taiwan, Hong Kong, China, Russia, Australia, Eastern Europe, the Middle East … and many other countries.

The Products will be delivered according to the delivery method (Colissimo or Chronopost) defined by the Buyer at the time of ordering. When the parcel is sent, POMONE sends the Buyer, by email, the Colissimo or Chronopost tracking number.

Delivery costs depend on the delivery method and will be indicated to the Buyer before validation of the latter by him/her.

Colissimo delivery costs are free for all orders over 20 € (carriage free 20 €) whose delivery address is in metropolitan France and Corsica.
For other countries, the amount from which Colissimo delivery costs are offered is specified before payment.

Customs duties and other taxes due in the country of arrival are at the buyer’s expense.

POMONE will do its utmost to ensure that the delivery of the order takes place as soon as possible and within 30 days at the most. In case of delivery difficulties, POMONE will inform the Buyer of these.

In case of anomaly concerning the delivery, i.e. in case of defective products or error in the references delivered, the Buyer must, within 3 days following the delivery, send a complaint to POMONE via the Contact form on the Site or by email to contact@pomoneparis.com. POMONE will send, without delay, to the Buyer an email acknowledging receipt of the complaint and will study it as soon as possible.

If the complaint is accepted by POMONE, the Buyer must return the Products, together with the purchase invoice, at the latest within fourteen (14) days of the acceptance of the complaint, to the following address POMONE – 27, rue des Meuniers – 75012 Paris – France.

Products opened or unsealed or damaged by the Buyer after delivery are excluded from any claim. 

After reception and verification of the Products, POMONE will reimburse the Buyer, via the method of payment used at the time of placing the Order, the totality of the sums paid, within fourteen (14) days after reception of the Products. The initial delivery and return costs are included.

In the event of a damaged package (open, crushed, missing products, damaged products…), the Buyer must, within 3 days of delivery, send a complaint to POMONE via the Contact form on the Site or by email to the address contact@pomoneparis.com as well as to the carrier.

Any claim made after 3 days following delivery will not be accepted.

The absence of a complaint by the Buyer means that the products delivered are deemed to be satisfactory and may not be contested at a later date.

Article 7 – Right of withdrawal

The Buyer has a period of fourteen (14) clear days, from the day of receipt of the order, to inform POMONE of his/her will to retract.

Where the period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

To exercise this right of withdrawal, the Buyer must, within this period, inform POMONE of his decision to withdraw by sending the withdrawal form accessible here or a message via the Contact form on the Site or by email to the address contact@pomoneparis.com specifying the subject “Right of withdrawal”. POMONE will send, without delay, to the Buyer an email acknowledging receipt of the withdrawal.

The Buyer must then return, at his/her own expense, the Product(s) together with the purchase invoice within fourteen (14) days of exercising his/her right of withdrawal, to the following address POMONE – 27, rue des Meuniers – 75012 Paris – France.

The right of withdrawal can only be exercised if the Products are returned in their original condition, allowing them to be remarketed. Products opened or unsealed or damaged by the Buyer after delivery are excluded from the right of withdrawal. 

After reception and verification of the Products, POMONE will reimburse the Buyer, via the method of payment used at the time of placing the Order, the totality of the sums paid by the Buyer, within fourteen (14) days of receipt of the Products. The initial delivery costs are included; the return costs remain the responsibility of the Buyer.

Article 8 – Legal guarantees

POMONE guarantees that the Products have been the subject of all the necessary care to ensure their conformity with the description given on the Site. POMONE also guarantees that the Products are in perfect condition as soon as they are handed over to the carrier responsible for delivering them to the Buyer.

The Products supplied by POMONE benefit by right, independently of the right of withdrawal and the commercial guarantee,

– the legal guarantee of conformity (provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code) and

  • the legal guarantee against hidden defects (provided for in articles 1641 to 1648 of the Civil Code) under the conditions and in accordance with the implementation procedures set out in the box below.

Legal guarantee of conformity

When acting under the legal guarantee of conformity, the Buyer :

– has a period of two years from the date of delivery of the goods to act;

– may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;

– is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to twenty-four months, except for second-hand goods.

Guarantee of hidden defects

When acting in warranty against hidden defects in the Product within the meaning of Article 1641 of the Civil Code, the Buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code..

Article 9 – Liability

The Buyer is solely responsible for the choice of Products, their use and their compatibility with any other equipment. Under no circumstances shall POMONE be held responsible for any damage resulting from this.

The Products offered to the Buyer by POMONE on the Site comply with French legislation and European Standards in force. The responsibility of POMONE cannot be engaged in case of non-respect of the legislation of another country where the Products will be used by the Buyer, the French law being exclusively applicable to the sale of the Products between POMONE and the Buyer in accordance with Article 12 below. It is the sole responsibility of the Buyer to check with the local authorities the possibilities of importing or using the Products that he/she intends to order.

POMONE shall not be held liable for any damages of any kind, be it material, immaterial and/or corporal, which may result from improper use, abnormal use or negligence of the Products by the Buyer or any third party.

Article 10 – Protection of personal data

Please refer to our Privacy Policy.

Article 11 – Force majeure

Neither POMONE nor the Buyer (hereinafter referred to as the Parties) shall be held responsible if the non-execution or the delay in the processing of the Order is due to force majeure.

Events beyond the control of the Parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, shall be deemed to be force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.

The processing of the order shall be suspended for the duration of the force majeure event. The more diligent Party shall notify the other Party of the occurrence of such an event within twenty-four (24) hours.

The suspension of the Parties’ obligations in the processing of the Order shall in no event be a cause of liability for non-performance of such obligations, nor shall it result in the payment of damages or penalties for delay.

If, after a period of thirty (30) days from the date of its occurrence, the event of force majeure rendering performance impossible continues, these GCS shall be terminated by operation of law without either Party being entitled to claim damages.

Article 12 – Applicable law

Any dispute, regardless of the place of delivery, which may arise from the interpretation or execution of these GCS shall be subject to French law, regardless of the country of residence of the Buyer and the place where the order was placed.

Any dispute shall be subject to a prior attempt at amicable settlement. The request for an amicable settlement must be made by email to contact@pomoneparis.com

The Buyer is informed that he/she has the possibility of resorting, in the event of a dispute, to the consumer mediation procedure under the conditions provided for in Title I of Book VI of the Consumer Code and, in particular, to the following organisation :

Médiation Solution

222, Chemin de la Bergerie

01800 Saint Jean de Niost

France

Telephone: +33 (0) 4 82 53 93 06

Email : contact@sasmediationsolution-conso.fr

In accordance with Article 14 of Regulation (EU) No. 524/2013, the Buyer is also informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent, out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is available at the following link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage