TERMS AND CONDITIONS

These Terms and Conditions of sale (hereinafter the “Terms and Conditions”) apply to any purchase made by a user / physical person (hereinafter the “CUSTOMER”) on the website www.poleandmepolewear.com and its variations (hereinafter the “WEBSITE”) with Sagittale SAS registered in the Register of Commerce and Societies Grenoble under the number 814098687, having its registered office at 16 rue Alphonse Allais 38400 Saint Martin d’Hères, France Tel: +330687041713, email: contact@poleandme.com (hereinafter the “SELLER”). They are valid from 01 November 2017.

IMPORTANT
Any order placed on the WEBSITE implies the unconditional acceptance of the CLIENT of these terms and conditions of sale.

Article 1. Definitions

The following terms have the following meanings in these Terms and Conditions:

“CUSTOMER”: designates the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that this CLIENT acts outside any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
“PRODUCTS”: refers to all the products available on the SITE.
“TERRITORY”: refers to Metropolitan FRANCE (excluding DOM / TOM).

Article 2. Object

These General Conditions administrate the sale by the SELLER to his CLIENTS of the PRODUCTS.

The CLIENT is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions

Article 3. Acceptance of terms and conditions

The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the WEBSITE.

These General Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions with each new order, the last version of the said Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. Purchase of products on the website

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he/she is minor, be able to justify the agreement of his/her legal representatives.

The CUSTOMER will be invited to provide information to identify himself /herself by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT’s order to be processed by the SELLER. The CLIENT can check on the WEBSITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the online tools of follow-up of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail, to the address contact@poleandme.com, in order to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, his/her eligibility and the information provided.

Article 5. Orders

Article 5.1 Characteristics of products

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these Terms and Conditions).

The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE.

Unless expressly stated otherwise on the WEBSITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.

Article 5.2. Order procedure

Orders of PRODUCTS are directly placed on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note however that depending on the CUSTOMER’s start page, the steps may differ slightly).

Article 5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT’s cart. The latter can then add to his/her cart as many PRODUCTS as he/she wants.

Article 5.2.2. Orders

Once the PRODUCTS selected and placed in his basket, the CLIENT should click on the cart and check that the contents of his order is correct. If the CLIENT has not done it yet, he/she will then be asked to identify himself /herself or to register.

Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be brought to his/her attention an online form completed automatically and summarizing the price, applicable taxes and, if applicable, the costs of delivery.

The CUSTOMER is invited to check the content of his/her order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CLIENT must also select the delivery method chosen.

Article 5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct. .

The SELLER does not send any order confirmation by post or fax.

Article 5.2.4. Billing

During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER’s order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.

The CLIENT must then specify the payment method chosen.

Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS, inside the package.

Article 5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE begin to run only from this date.

Article 5.4. Price

For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transportation chosen).

Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. For customers outside the European Union, products will be invoiced excluding VAT. They will have to be in good standing with the tax authorities of their place of residence

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided in the “withdrawal policy”, available in Appendix 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.

Article 7. Payment

Article 7.1. Means of payment

The CUSTOMER may pay his PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.

The CLIENT guarantees to the SELLER that he/she holds all the authorizations required to use the means of payment chosen.

The SELLER must take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the WEBSITE.

It is specified that all payment information provided on the WEBSITE is transmitted to the bank of the WEBSITE and are not processed on the WEBSITE.

Article 7.2. Payment date

In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the order of PRODUCTS is placed on the WEBSITE.

In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER at the earliest when the first parcel will be shipped. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms ans Conditions.

Article 7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other means of payment.

In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the CUSTOMER would be impossible, the order will be canceled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CLIENT corresponding to an order of an amount greater than 120 euros (including VAT)  will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information in order to follow up transactions and to produce a copy of the contract at the CLIENT’s request.

In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.

The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him/her, or by a third party designated by him/her other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation, ownership, as well as the risk of damage they may cause.

Article 10. Delivery

The terms of DELIVERY of the PRODUCTS are provided in the “delivery policy” referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.

Article 11. Packaging

The terms of DELIVERY of the PRODUCTS are provided in the “delivery policy” referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.

Article 12. Garantees

Article 12.1. Compliance guarantee

Article L.211-4 of the Consumer Code: “The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. ”

Article L.211-5 of the Consumer Code: To be in conformity with the contract, the property must:

1 ° Be fit for the usual expected use of a similar good and, where appropriate:

– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;

– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

The SELLER is required to deliver a compliant PRODUCT that fit for the expected use of a similar good and corresponding to the description given on the WEBSITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertising and labeling.

In this context, the SELLER is likely to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was put in his charge or was carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)

In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his/her choice. However, if the cost of the CLIENT’s choice is manifestly disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the option chosen  by the customer.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT at the following address 16 rue Alphonse Allais 38400 Saint Martin of Hères, France.

Finally, the CLIENT is exempted from reporting the proof of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good. Normal wear resulting from normal use, or deterioration due to abnormal use, does not constitute a lack of conformity.

It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if necessary, on the PRODUCTS.

Article 12.2. Hidden defects warranty

The SELLER is bound by the guarantee for hidden defects of the sold PRODUCT which makes it unfit for the use for which it is intended, or which diminish so much this use that the CUSTOMER would not have acquired it, or would have given it a lower price, if  he/she was aware of them. (Article 1641 of the Civil Code)

This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT at the following address 16 rue Alphonse Allais 38400 Saint Martin of Hères, France. The action resulting from the latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)

Article 13. Responsability

The responsibility of the SELLER can in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, including the seizure of his order.

The SELLER can not be held responsible for, or considered as having failed in the present, for any delay or non-performance, when the cause of the delay or the non-performance is linked to a case of force majeure as it is defined by the jurisprudence French courts and tribunals.

It is also specified that the SELLER does not control the websites that are directly or indirectly related to the WEBSITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.

Article 14. Personal data

The SELLER collects on the WEBSITE personal data concerning his CUSTOMERS, including cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CLIENT’s account, analyze the orders and, if the CUSTOMER has chosen this option, send him/her commercial prospecting letters, newsletters, offers promotional and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.

The CLIENT’s data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CLIENTS can unsubscribe at any time by accessing their account.

The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent when registering on the WEBSITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.

The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.

In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate motives) and suppression of his personal data. He can exercise this right by sending an email to the address: contact@poleandme.com or by sending a letter to Sagittale SAS, 16 rue Alphonse Allais 38400 Saint Martin d’Hères, France.

It is specified that the CUSTOMER must be able to prove his/her identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

Article 15. Complaints

The SELLER makes available to the CUSTOMER a “Customer Telephone Service” at the following number: +33687041713 (non-surcharged number).

Any written complaint from the CLIENT must be sent to the following address: Sagittale SAS, 16 rue Alphonse Allais 38400 Saint Martin d’Hères, France.

Article 16. Intellectual property

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.

These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER’s authorization in writing.

This authorization of the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Conditions

Any modification of the legislation or regulations, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions can not affect the validity of these Terms and Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard the present Terms and Conditions.

Any conditions not expressly dealt with herein shall be governed by the habits of the retail trade sector, for the companies whose head office is in France.

Article 18. Modification of the Terms and Conditions

These Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.

The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 19. Jurisdiction and applicable law

These Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by the French law.

In case of dispute, only the French courts will be competent.

However, prior to any recourse to the arbitration judge or state, will be privileged bargaining in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the dispute. If, after a period of fifteen (15) days, the parties can not reach an agreement, the dispute shall be submitted to the competent court designated below.

Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. Exceptionally, the parties are entitled to appeal to the court of summary proceedings or to request the issuance of an order on request. A possible action before the court of interim relief or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.

ANNEXE 1 : ETRACTATION POLICY

Principle of withdrawal

The CLIENT has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his/her decision to retract, unless the SELLER proposes to recover the PRODUCT itself.

Withdrawal period

The withdrawal period expires thirty (30) calendar days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.

In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire thirty (30) calendar days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Sagittale SAS, 16 rue Alphonse Allais 38400 Saint Martin d’Hères, France or contact@poleandme.com .

He/she can also use the form below:

RETRACT FORM

For the attention of Sagittale SAS,

16 rue Alphonse Allais 38400 Saint Martin d’Hères

Phone number of the SELLER *: +33684071713
SELLER * email address: contact@poleandme.com.

I hereby notify you of my retraction of the contract for the sale of the PRODUCT below:

PRODUCT reference
N ° of the invoice:
N ° of the purchase order:
– Ordered the .. / .. / …., received on .. / .. / ….
– Means of payment used:
– Name of the CUSTOMER and, if applicable, the beneficiary of the order:
– CUSTOMER address:
– Delivery address :
– CLIENT’s signature (except in case of transmission by email)
– Date

In order for the withdrawal period to be respected, the CLIENT must transmit his/her communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of the retraction

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the totality of the sums paid, including the expenses of delivery without excessive delay and, in any event, at the latest fourteen (14) days to count the day the SELLER is informed of the CUSTOMER’s desire to retract.

The SELLER will refund using the same means of payment that the CUSTOMER has used for the initial transaction, unless the CUSTOMER expressly agrees a different way, in any case, the refund will not cause expenses to the customer.

The SELLER may defer the refund until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being the date of the first of these facts.

Terms of return

The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 16 rue Alphonse Allais 38400 Saint Martin d ‘ Heres, France.

This period is considered respected if the CUSTOMER returns the good before the expiry of the thirty day period.

Return fees

The CUSTOMER will have to bear the direct costs of returning the goods.

State of the returned property

The PRODUCT must be returned according to the instructions of the SELLER and include in particular all the delivered accessories.

The responsibility of the CUSTOMER is engaged only with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but his liability may be incurred if he proceeds to manipulations other than those that are necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following hypotheses:
Supply of goods made according to the specifications of the CLIENT or clearly personalized
Supply of goods likely to deteriorate or expire quickly
Provision of audio or video recordings or sealed software that have been unsealed after delivery
Provision of goods which by their nature are inseparably mixed with other items
Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and have been unsealed by the CLIENT after DELIVERY
Provision of dematerialized non-provided digital content if the performance has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal

ANNEXE 2 : DELIVERY POLICY

Delivery zones

The PRODUCTS can be delivered in most countries of the world according to the possibilities of our service providers. Depending on the country, delivery methods and fees vary; they are automatically determined and indicated.

The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER has indicated during the ordering process.

Delivery time

The deadlines for preparing an order and then preparing the invoice, before shipping the PRODUCTS in stock are mentioned on the WEBSITE. These deadlines are mentioned excluding weekends or holidays.

An e-mail will automatically be sent to the CUSTOMER at the time of the shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct.

Delivery time & fees

During the ordering process, the SELLER informs the CLIENT of the possible delivery times and formulas for the PRODUCTS purchased.

Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.

The details of delivery times and charges are detailed on the WEBSITE at the time of the order.

For shipments outside the European Union, deadlines are dependent on the customs services and can not be guaranteed, they are given as an indication.

Terms of DELIVERY

They depend on the delivery providers.

Sending directly to the letter box is only available for small shipments.

For other types of shipment, the package will be given to the CUSTOMER against signature and on presentation of an identity document.

In case of absence, a notice will be left to the CLIENT, in order to allow him to pick up his parcel at his post office.

DELIVERY problems

The CLIENT is informed of the estimated delivery time, at the moment when he chooses the method of delivery, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CLIENT must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.

The SELLER shall refund, without undue delay upon receipt of the cancellation letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase products.

The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.