Polène - General terms and conditions of sale
Polène - General terms and conditions of sale
Updated June 7th, 2024
ARTICLE 1 – DEFINITIONS
Buyer(s): designates any Site User who is a consumer as defined by local consumer law and placing an Order for Products on the Site.
GTCS: refers to the General Terms and Conditions applicable to the sale of Products.
Sales Order: shall designate the purchase of one or more Products by a Buyer on the Site.
Product(s): designates all items sold by the Seller on the Site, notably fashion accessories and home decoration items.
Customer Service: designates the Seller's Customer Service department, whose contact details are given in article 17 of these General Terms and Conditions of Sale.
Site: designates the Internet distance selling site published by the Seller, accessible at https://www.au.polene-paris.com/.
Territory: refers to the entire world, excluding Belarus, China, Korea (the Democratic People's Republic of), United States of America, United Kingdom of Great Britain and Northern Ireland, Indonesia, Ukraine.
User: designates any person visiting the Site.
Seller: refers to the company LA CADETTE identified in article 2.1 of the GTCS.
ARTICLE 2 - SCOPE OF APPLICATION
2.1 These GTCS apply without restriction or reservation to all sales of Products made by the Seller, LA CADETTE, french law company, with share capital of 29,334 euros, headquartered at 5 rue de la Rochefoucauld - 75009 PARIS, registered with the PARIS Trade and Companies Register under number 810 940 528 - intra-Community VAT number FR01810940528 - contact@polene-paris.com , via its Site.
2.2 The process of distance selling of Products via the Site, as described in these GTCS, is reserved for Buyers as defined in article 1 of the GTCS. Prior to placing an Order, the Buyer declares that the purchase of Products on the Site is limited to strictly personal use and is not related to any commercial activity. Any Order that clearly does not correspond to a retail sale, and more generally any Order that is fraudulent or presumed to be fraudulent, will be considered null and void by the Seller.
2.3 These GTCS apply only to deliveries of Products within the Territory’s destination.
ARTICLE 3 – PURPOSE OF GTCS
3.1 The purpose of these CTCS is, on the one hand, to inform all Buyers of the terms and conditions under which the Seller sells and delivers Products via the Site, and on the other hand, to define the rights and obligations of the Seller and the Buyer in this context.
In particular, they specify the various stages necessary for the Buyer to place an Order, the terms of payment and delivery, and the follow-up of the Buyer's Order.
3.2 Any Product Order implies the Buyer's full and unreserved acceptance of these terms and conditions. This acceptance is in no way conditioned by a handwritten signature on the part of the Buyer.
3.3 The GTCS may be consulted at any time by any person visiting the Site and retained by means of computer recording and/or printing.
3.4 The Seller reserves the right to modify these GTCS at any time without notice, in particular due to changes in regulations, by publishing a new version on the Site.
3.5 Failure by either party to enforce any of the clauses of the GTCS against the other party shall not be construed as a waiver of its application in the future.
ARTICLE 4 – PRODUCTS
4.1 Product information
Information about the Products sold via the Site is available, with their references, on the Site. The Buyer acknowledges that, prior to placing any Order on the Site, he/she has been informed of the essential characteristics of the Product (in particular its nature, function, composition, materials, color, dimensions and precautions for use and care) as well as the price of the Products and any additional costs, in particular delivery costs, to be borne by the Buyer.
It is the Buyer's responsibility to check the list of materials making up the Products on the product data sheet, and to find out about any allergies before placing an Order.
Despite all the care taken by the Seller in the presentation of its Products on the Site, the Seller cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. In particular, slight variations (especially in hue) may occur, notably due to the technical limitations of color rendering on computer equipment. The Seller cannot be held responsible for such variations and they do not affect the validity of the sale.
It is also the Buyer's responsibility to comply with the conditions of use and care of the Products listed on the Product sheets, in accordance with the Seller's instructions and recommendations.
For any questions relating to the Products and their use, any additional questions or requests for advice, the Buyer may contact Customer Service.
4.2 Product availability
The Seller reserves the right to modify the assortment of Products offered for sale on its Site at any time, depending in particular on the constraints of its suppliers.
Products are offered for sale as long as they are visible on the Site on the day of consultation by the Buyer, and as long as they include an "Add to cart" button.
The product sheet informs the Buyer when the Product in question is no longer in stock or requires a longer delivery time. In such cases, the "Add to cart" function will be deactivated for unavailable Products, and the words "Out of Stock - Notify me" or "Preorder" will appear below these Products.
In the event that a Product ordered is unavailable after the Order has been placed, Customer Service will contact the Buyer to inform him/her of this unavailability, of the new estimated delivery time and of the Buyer's right to cancel his/her Order. In the event of an Order cancellation request, the Seller will refund the full price of the Order as soon as possible, and at the latest within fourteen (14) days of the Order cancellation.
ARTICLE 5 – PRICE
5.1 The sale prices of the Products displayed on the Site are indicated :
- all taxes included (TTC) for Metropolitan France and in euros, taking into account the VAT rate in force in Metropolitan France on the day of the Order;
- all taxes included (VAT incl.) for the European Union and in euros, taking into account the taxes in force in the country concerned;
- excluding taxes (HT) outside the European Union and in the local currency;
- excluding delivery charges, invoiced to the Buyer in addition, unless otherwise stated.
Delivery costs are indicated to the Purchaser before the Order is validated.
5.2 Product prices and delivery charges indicated on the Site may be modified at any time by the Seller. The Buyer is advised to consult the GTCS and the Site regularly.
The applicable prices will be those indicated on the Site at the time of validation of the Buyer's Order and reiterated in the Order confirmation.
5.3 If the Seller notices a pricing error displayed on the Site and/or in an Order placed by a Buyer, for whatever reason (computer bug, manual error, technical error), the Buyer will be informed as soon as possible. The Seller reserves the right to cancel an Order for a Product affected by an obvious pricing error. If the Order has been paid for, the Buyer will be immediately reimbursed for the amount paid. The Buyer will be able, if he so wishes, to place the Order again at the corrected and exact price, subject to available stocks.
5.4 The Order must be paid for in accordance with the payment terms set out in article 6.2.4 of the GTCS.
5.5 Upon confirmation of the Order, the Purchaser will receive written confirmation of the price paid, detailing the unit price of the Products and any delivery charges, as well as the total price paid.
ARTICLE 6 – HOW TO ORDER
6.1 General information
Any User of the Site may view the Products without obligation to purchase.
All Users and Buyers are responsible for their own telecommunication costs related to Internet access.
6.2 Steps in the ordering process
6.2.1 Buyer identification
It is not compulsory to open a personal customer account to place an Order on the Site. The Purchaser may place an Order for one or more Products, either via his/her customer account, or as a guest.
If the Purchaser does not have a customer account, he/she will be invited, if he/she so wishes, to create one, indicating his/her exact identity, contact details, as well as a valid e-mail address and password. Once the Purchaser has registered his/her account on the Site, he/she will receive a confirmation e-mail enabling him/her to access his/her account.
If the Buyer already has a customer account on the Site, he/she will be asked to identify him/herself with his/her email address and password.
Login details and passwords are strictly personal. Each Buyer undertakes to keep them securely and not to communicate them to third parties. In the event of loss, theft or any other fraudulent use of his customer account, the Buyer undertakes to inform the Seller immediately. Furthermore, should the Seller have reason to suspect that a third party has tampered with a Buyer's account, password and/or login, the Seller reserves the right to immediately terminate the account concerned and will inform the Buyer by email or telephone.
In the event of modification of the information communicated for the creation of his account, the Buyer will have to update it directly on the Site.
E-mails are sent to the e-mail address provided by the Buyer. The Seller may not be held liable in the event of a typing error or non-receipt of the message confirming shipment or availability of the Order.
6.2.2 Product(s) selection
To place an Order, the Buyer may select one or more Products of his/her choice from the various categories offered (e.g. type, model, color, size, material) and available for sale on the Site on the day of consultation.
The Buyer can add the selected Product to his/her cart by clicking on the "Add to cart" button on the Product page. The cart, located in the top right-hand corner of the screen, informs the Buyer that the selections have been taken into account by indicating the number of products it contains.
As long as the Order has not been definitively validated, the Buyer can consult and access his cart at any time, modify it and correct any errors in the elements entered. The shopping cart does not in itself constitute an Order that is binding on the Seller. At this stage of the Ordering process, the total amount of the Order, including VAT, contains only the price due for the Products selected, excluding delivery costs.
The Buyer acknowledges that in the event of prolonged inactivity during connection, it is possible that the selection of Products chosen prior to this inactivity may no longer be guaranteed.
6.2.3 Order validation
Once the Purchaser has finished selecting the Product(s) he/she wishes to purchase, he/she must click on the "Order" button. The Buyer will then receive a summary of the Order, indicating the total price of the Order in euros, including the unit cost of the Product(s) and delivery charges where applicable.
If he/she is satisfied with the Order summary, the Buyer must then complete the following information (or confirm it if it is pre-filled in the case of a customer account):
- their contact details (surname, first name, telephone number, e-mail address) ;
- their choice of delivery method, with delivery costs varying according to delivery method and delivery location;
- the delivery address (which must be within the Territory defined in article 1 of the GTCS);
- the billing address, if different from the delivery address;
- the selected payment method.
The Buyer guarantees and is responsible for the accuracy and completeness of the information provided.
The Buyer may modify his/her Order and rectify any errors at any time prior to payment of the Order.
6.2.4 Payment
Before definitively validating the Order, the Buyer must accept the GTCS in force on the Site and then click on the "Continue to payment" button.
Unless specific conditions apply depending on the country of destination, payment is made exclusively in euros, at the Purchaser's discretion:
- by credit card (by choosing payment by credit card - CB, Visa, Eurocard/Mastercard network, the Buyer is automatically redirected to the dedicated secure payment site),
- or via their Paypal account,
- or via your Klarna account.
If the payment is accepted, the Buyer will automatically see the Order validation page appear on the Site. If payment is not accepted after five (5) attempts, the Buyer will be redirected to a screen on the Site indicating that payment has been refused using the payment method in question.
Unless otherwise specified, payment is made in full and in a single installment at the end of the Order process.
The Buyer's account will be debited upon confirmation of the Order by the Seller.
The Buyer may not cancel the Order once it has been validated and paid for.
In the event of payment by bank card, the Buyer guarantees the Seller that he/she is the holder of the bank card used to pay for the Order, and that the first and last names appearing on the bank card to be debited are his/her own. In a secure environment on the Internet, the Purchaser communicates the number and expiry date appearing on the front of his/her bank card, as well as the visual cryptogram numbers appearing on the back of his/her bank card. This data is automatically transmitted in encrypted mode for verification to prevent misuse and fraud.
However, at the time of each transaction, the Seller carries out an analysis of the transaction in order to limit the risk of fraudulent behaviour. In the event of an alert, certain orders may be blocked. In this respect, the Vendor reserves the right to ask the Buyer to send proof of identity.
If the Vendor is unable to verify this, the Buyer or the Vendor may cancel the Order.
The Vendor shall not be held liable for any refusal to process an Order that has been blocked due to suspected fraud.
Furthermore, in the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums owed by the Buyer, the Order shall be cancelled immediately.
6.2.5 Order confirmation by the Seller
Once the Buyer has validated his/her Order, the Seller will immediately acknowledge receipt by e-mail to the Buyer.
Once payment has been confirmed and duly made by the Buyer, an Order and payment confirmation will be sent to the Buyer by email. This confirmation of Order and payment will be accompanied by the Order number, the total amount of the Order, details of the Products ordered (nature, quantity and unit price), information relating to the cost and estimated delivery time.
The invoice is available on request from the Buyer to Customer Service.
It is agreed between the Seller and the Buyer that emails will be considered as proof between the parties, as will the automatic recording systems used on the Site, in particular as regards the nature and date of the Order.
The Seller recommends that the Buyer keep the confirmation of Order and payment received on paper or in electronic form.
The Buyer is informed that the emails corresponding to the Order confirmation and the payment confirmation are sent to the email address given by the Buyer at the time of the Order. The Seller shall not be held liable in the event of an error in entering the e-mail address concerned. Should the Buyer fail to receive such emails, he/she is advised to check that they are not in the spam folder.
When an Order is for an amount equal to or greater than one hundred and twenty (120) euros, the Seller shall retain the elements relating to any Order for a period of ten (10) years from the date of delivery. The Seller will make these elements available to the Buyer upon request to Customer Service at contact@polene-paris.com.
6.3 Refusal of orders
The Seller reserves the right to refuse or cancel any Order in the event of a legitimate reason, in particular in the event of :
- Unavailability of the Product ordered.
- Orders of an abnormal nature, notably in the case of a quantity of Products and/or an amount to be paid exceeding the usual or normal average needs of a consumer or a household, in the case of an abnormal flow of Orders to the same invoicing and/or delivery address, or in general, in the case of an Order which would suggest that an economic activity is being carried out by the Buyer in relation to the Products ordered.
- Default of payment or payment incident by the Buyer, including for previous Orders.
- Bad faith on the part of the Buyer (e.g. fraud or attempted fraud relating to the use of the Site, existing dispute with this Buyer, suspicious bank details).
6.4 Pre-orders
Certain Products, specially indicated on the Site, may be offered for "Pre-order Now".
It is possible to include both pre-order and in-stock Products in the same selection.
Subject to the conditions mentioned on the Products available for pre-order page (delivery times and terms), pre-orders will be subject to the same processes and conditions as those for an Order.
Due to unforeseen circumstances in the production of the Products, the Seller may be obliged in certain cases to cancel all or part of the Buyer's pre-order. In such cases, the Seller will inform the Buyer without delay.
ARTICLE 7 – TERMS OF DELIVERY
7.1 General information
Products will only be delivered once payment of the full amount of the Order has been received by the Seller, unless otherwise agreed (e.g. Klarna, PayPal...).
Information concerning delivery terms (delivery costs, delivery time, delivery method) is accessible on the Site and indicated to the Buyer at the time of placing the Order (from the cart validation page and on the Order summary page), up to the Order payment stage.
The risks of loss and deterioration of the Products are transferred to the Purchaser upon delivery.
7.2 Place of delivery
Delivery of the Order means the transfer of physical possession of the Products to the Buyer. Delivery is deemed to have taken place when the Products are hand-delivered to the Buyer at his or her address, as indicated at the time of the Order.
It is reminded that no delivery may be made outside the Territory defined in article 1 of the GTCS, but also, for security reasons, to transit agencies, university campuses, relay points, post office boxes or hotels (other than those appearing on a list which may be obtained on request from Customer Service).
7.3 Delivery charges
Product prices do not include delivery charges. Delivery charges invoiced to the Buyer are defined according to the nature of the Product, the quantity of Product(s) ordered, the delivery method chosen by the Buyer and the place of delivery.
Delivery charges include the processing, packaging, shipping, delivery and tracking of the Order.
7.4 Delivery time
The estimated delivery time appears on the product sheet at the time of purchase and in the Order confirmation email. This is an indicative time corresponding to the average delivery time, which may vary depending on the delivery location and/or delivery method.
Where applicable, the Seller will inform the Buyer by e-mail of any difficulties encountered which may disrupt or delay delivery, and will inform the Buyer of the foreseeable new delivery time.
In the absence of a delivery date indicated by the Seller, delivery shall in any event be made within thirty (30) days of the Order, subject to full payment of the price by the Purchaser. Failing this, the Buyer may request cancellation of the Order and rescission of the sale. The Purchaser will then be reimbursed at the latest within fourteen (14) days of the date of cancellation of the sale.
7.5 Delivery methods
Products ordered by the Buyer are delivered by the Seller or the carrier selected by the Seller (DHL express for France) to the delivery address provided by the Buyer at the time of the Order.
Each Order is assigned a tracking number. By logging on to their customer account on the Site, the Purchaser is provided with a link enabling them to track the progress of their parcel via the carrier's website.
The parcel containing the Products ordered and paid for is hand-delivered to the Purchaser, against signature, at the delivery address given when the Order was placed.
The Buyer is informed by email and/or SMS when the parcel has been picked up by the carrier, and of the delivery date.
In the event of absence, the Buyer may choose a new delivery date, or to have the parcel made available at a nearby post office.
When an international delivery (particularly to a country with customs duties) is refused by the Buyer to the carrier, for any reason whatsoever, the Seller reserves the right to invoice the Buyer for the cost of the return shipment, as well as customs duties (for the return of the Product to its country of origin). The amount of these costs will be directly deducted from the Order refund.
ARTICLE 8 – RIGHT OF WITHDRAWAL AND PRODUCT RETURNS
The Buyer may take advantage of the internal returns policy offered by the Seller to return a Product.
The Buyer has a period of fifteen (15) days from receipt of the Products to exercise his/her right of commercial return using a pre-paid returns label. The terms and conditions for exercising this right are available at the following link: https://support.polene-paris.com/hc/en-au/articles/360010208559-Return-an-online-order
The initial shipping costs will remain the responsibility of the Buyer.
The Buyer benefits from a right of withdrawal on Products purchased, except for the following Products:
- Products made to the Buyer's specifications or clearly personalized;
- Products unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.
In any event, the Buyer undertakes to return Products:,
- in their original packaging, so that the Product is protected,
- in perfect original condition, with no defects (dirt, deterioration, scratches),
- complete and accompanied by all Product accessories (e.g. second removable shoulder strap) and supplied documents (e.g. box containing the Product, pouch, booklet, instructions),
- unused, unworn,
- unsealed, if applicable,
- accompanied by the corresponding return slip.
If the Buyer has ordered several Products in a single Order, or if the delivery has been made in several parts, the withdrawal period only begins to run when the Buyer takes possession of the last Product or the last part of the delivery.
The simple return of Products by the Buyer or the refusal to accept delivery, without prior notification of his decision to withdraw, is not sufficient to express the Buyer's wish to withdraw.
ARTICLE 9 – DEFECTS ON DELIVERY
The present article applies without prejudice to the implementation of the legal guarantees referred to in article 10 of the GTCS.
9.1 Claims
The Buyer is invited to check the apparent condition of the parcel and the Products upon delivery, and to report any anomaly noted on the parcel and/or the Products to Customer Services as soon as possible after receipt of the Order, by e-mail to: contact@polene-paris.com, indicating the Order number and sending any proof of the anomaly (e.g. photographs).
9.2 Returns
Once a complaint has been made to Customer Services, the Buyer will be contacted by Customer Services as soon as possible to discuss the complaint. Once the Customer Service has confirmed the anomaly, it will inform the Buyer of the procedure to be followed.
In order to return a product, the Buyer must create a customer account on the Site.
ARTICLE 10 – LIMITATION OF LIABILITY
The Competition and Consumer Act 2010 (Cth) and other legislation confer rights and remedies in relation to the supply of goods and services which cannot be excluded, restricted or modified. Notwithstanding anything to the contrary in these GTCS, the limitations specified in these GTCS apply only to the maximum extent permitted by such legislation and do not exclude, limit or modify the remedies provided by such legislation.
10.1 Products
The Products offered on the Site comply with current French and European standards.
The Seller may not be held liable in the following cases:
- Loss or damage to the Product after delivery to the Buyer;
- Abnormal use of the Product by the Buyer;
- Failure to maintain the Product or to maintain it in accordance with the Buyer's recommendations;
- Poor storage conditions of the Product by the Buyer;
- Allergies to materials or components of the Products as mentioned in the Product data sheet.
The Buyer must ensure that he has read the label before using the Products and that he complies with all instructions for use of the Products.
The Seller only supplies products via the Site for domestic and private use. The Buyer undertakes not to use the products purchased on the Site for commercial, professional or resale purposes. As previously stated, the Seller reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by resellers, dealers or distributors. To enforce this policy, the Seller may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
10.2 Site access
The Seller reserves the right to make the Site inaccessible if necessary, without prior notice, in particular in the event of necessary updates or maintenance or technical malfunctions.
The Seller cannot be held responsible for events that may prevent the continuity of access to all or part of the Site (interruption of access to the Site, bugs, malfunctions or any other technical problem affecting the Site).
The Seller declines all responsibility for direct or indirect damage resulting from use of and/or access to the Site (inaccessibility, loss of data, deterioration, destruction or computer viruses, breakdowns). It is the responsibility of all Users connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Users of the Site connect to the Site at their own risk.
ARTICLE 11 – FORCE MAJEURE
11.1 In the event of a force majeure event preventing or delaying the performance of the Order or these GTS, the Seller shall inform the Buyer as soon as possible by e-mail and shall be released from its obligations described in these GTS for the duration of the force majeure event, without any compensation whatsoever to the Buyer.
11.2 A case of force majeure is any event beyond the control of the Seller, preventing it from fulfilling the Order, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures.
ARTICLE 12 – RETENTION OF OWNERSHIP
THE SELLER RETAINS FULL OWNERSHIP OF THE PRODUCT SOLD UNTIL FULL PAYMENT HAS BEEN RECEIVED, INCLUDING PRINCIPAL, COSTS, TAXES AND COMPULSORY CONTRIBUTIONS.
ARTICLE 13 – INTELLECTUAL PROPERTY
The trademark and more generally all illustrations, images, logos and sound elements appearing on the Seller’s Products and/or Site, their accessories or packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, logos and sound elements, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype, sound elements or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents owned by the Seller..
The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes, is strictly forbidden. Violation of these provisions exposes the perpetrator to the penalties provided for both in particular for copyright and trademark infringement, and in terms of civil liability.
The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorization of the Seller. Such authorization may be revoked at any time. Sites with a hypertext link to the Site, or to which the Site may refer, are not under the control of the Seller. The Seller therefore declines all responsibility for the access and content of these sites.
ARTICLE 14 – PERSONAL DATA
By using the Site, the Buyer acknowledges that he/she has read the Site’s privacy policy statement and consents to it. The information collected shall be digitally processed for the following purposes: managing and tracking orders (including order taking, invoicing, shipment, reimbursement, claims, after-sales service), managing customer opinions on purchased products, services and content, managing customer accounts (including the loyalty programme, sales promotion, market research, statistics, as well as selecting consumers for product tests).
The purposes and conditions under which the Seller collects and processes personal data are set out in the Seller's "Privacy and Personal Data Protection Policy" and "Cookies Policy" accessible on the Site.
ARTICLE 15 – APPLICABLE LAW - MEDIATION - LITIGATION
15.1 The GTCS are subject to the law of the State of New South Wales and the Commonwealth of Australia
15.2. In the event of a dispute relating to an Order for Products on the Site or any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it, the Buyer may submit a written complaint to Customer Services by e-mail to: contact@polene-paris.com. Either party may by written notice to the other party, undertake to resolve any dispute amicably and in good faith by way of discussion which shall take place within thirty (30) days after the receipt of the written notice, except where the parties agree to a different period.
15.3. In the event that the parties fail to resolve the dispute amicably within two (2) months after the commencement of the discussion, either party may refer such dispute to the courts of New South Wales for resolution, and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales in respect of such dispute.
ARTICLE 16 – CUSTOMER SERVICE
For all information, questions, advice or complaints concerning the GTCS or the Products, the Buyer should contact the Seller’s Customer Service Department:
- Via the "Contact" form accessible on the Site
- Or by email to: contact@polene-paris.com
- Or by post to the address :
LA CADETTE - POLÈNE
Customer Service
5 RUE DE LA ROCHEFOUCAULD
75009 PARIS
If you have any questions about these Terms and Conditions please contact us at legal@polene-paris.com.
