Terms of sale
Legal Notice
Company Name : BLUES BRODEURS
Legal Form : SARL (Limited Liability Company)
Registered Office : 9 Rue du Moucherotte 38360 Sassenage
SIREN Number : 441410610
Intra-Community VAT Number: FR64441410610
Phone: +33 4 76 28 70 00
The website www.poma-shop.net is published and operated by Blues Brodeurs, a company with a share capital of €3,519.00.
Director : Anthony Lebreton
Content Manager : POMA SAS & BLUES BRODEURS
Contact : shop@poma.net
Terms and Conditions of Sale applicable to onlice purchases on this website.
The Seller is the company BLUES BRODEURS, whose registered office is at 9 RUE DU MOUCHEROTTE, 38360 SASSENAGE, hereinafter referred to as “POMA” or “Seller”
and
the Buyer is the natural or legal person placing an online Order on the website www.poma-shop.net, hereinafter referred to as the “Buyer”.
The Buyer is identified by the details they enter in the Order form and send to us.
By submitting this Order form, they acknowledge and accept the general terms and conditions of sale.
ARTICLE 1 - PURPOSE
1.1 Definitions:
- Consumer: means the Buyer, a natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, professional or agricultural activities.
- Order: the purchase of Goods made by the Buyer on the Website.
- Goods (or Items): refers to all products offered for sale on the Website by POMA.
- Website: POMA’s online sales website.
- Manufacturer: refers to the manufacturer of the Goods.
1.2 These general terms and conditions of sale (hereinafter the GTC) govern the rights and obligations between the Seller and the Buyer in connection with the online sale of Goods via the Website www.poma-shop.net.
1.3 Any Order placed on the Website implies the Buyer’s full and unreserved acceptance of these GTC, which take precedence over any other document. The Buyer acknowledges having read and understood these GTC in a clear and comprehensible manner prior to confirming their Order. The Customer declares that they are at least 18 years of age and have the legal capacity to enter into a contract, or have the express authorisation of their legal guardians.
1.4 Where the Buyer is a Consumer (a natural person acting for purposes outside the scope of their professional activity), they are entitled to the protective provisions of the Consumer Code. Where the Buyer acts for professional purposes (identified by an intra-Community VAT number), the provisions of the Commercial Code governing relations between professionals shall apply.
1.5 POMA reserves the right to amend these T&Cs at any time. The applicable T&Cs are those in force on the Website on the date the Order is placed by the Buyer.
ARTICLE 2 – ORDER/TERMS OF PURCHASE
2.1 The Buyer places their Order online after consulting the catalogue made available to them.
2.2 For the Order to be confirmed, the Buyer must accept these T&Cs by clicking in the place indicated on the Website. In accordance with the ‘double-click’ procedure, the Buyer has the opportunity to check the details of their Order and its total price, and to correct any errors before confirming it to express their final acceptance. The Buyer must select the delivery address and method, the billing address, confirm the payment method and proceed with the actual online payment to finalise their Order.
2.3 The Order will be confirmed by email no later than at the time of delivery.
2.4 Any Order constitutes express acceptance of the prices and descriptions of the Goods available for sale.
2.5 If a Good is unavailable after the Order has been placed, the Buyer will be notified by email as soon as possible. They may then request cancellation of their Order and obtain either an exchange of the product or a refund of the sums paid. This refund will be made no later than 14 days following the date on which the Buyer submitted their written request for a refund.
2.6 For any queries regarding the status of an Order, the Buyer must contact the email address provided for this purpose: shop@poma.net.
2.7 POMA reserves the right not to deliver the Goods ordered if it transpires that the details provided on the Order form are false or incomplete, constituting a legitimate ground for refusing the sale.
ARTICLE 3 – PRICES
3.1 POMA reserves the right to change its prices at any time but undertakes to apply the current prices indicated at the time of the Order, subject to availability on that date.
3.2 Prices are quoted in euros. They do not include delivery charges, which are invoiced as an additional cost and indicated before the Order is confirmed. Prices include VAT applicable on the day of the Order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online shop.
3.3 Payment of the full price must be made at the time of the Order. Under no circumstances may the sums paid be considered as a deposit or down payment.
ARTICLE 4 – METHOD OF PAYMENT
To pay for their Order, the Buyer may choose from any of the payment methods made available by POMA: Visa, Mastercard, PayPal, etc.
ARTICLE 5 – DISPATCH, DELIVERY AND FULFILMENT OF THE ORDER
5.1 The Order is only final upon receipt of full payment by POMA.
5.2. Where possible, the Order is delivered in a single consignment. If, for technical or logistical reasons, dispatch is carried out in several stages, POMA will only charge delivery costs once.
5.3 The Goods are delivered to the address specified by the Buyer on the Order Form, which must be ensured to be accurate. Any parcel returned to POMA due to an incorrect or incomplete delivery address will be re-dispatched at the Buyer’s expense.
5.4 The Buyer is required to check the condition of the packaging and the Goods upon delivery. In the event of damage or non-conformity of the Goods delivered, it is the Buyer’s responsibility to raise any necessary objections within 14 days of receipt, by email to the following address: shop@poma.net. Failing this, the Goods shall be deemed to have been accepted as conforming and in perfect condition.
5.5 In the event of damage (Article 5.4) or the exercise of the right of withdrawal, the Buyer may return the Goods to obtain an exchange or a refund. The terms and conditions of return are detailed in the return and refund policy.
5.6 Delivery times depend on the delivery address provided by the Buyer. POMA undertakes to hand over the Goods to the carrier as soon as possible; as a guide, the average processing and dispatch time is two weeks. In any event, and in accordance with legal provisions, delivery shall take place within a maximum of 30 days from full payment of the Order, except in cases of major force.
5.7 Please note that it is still possible to order certain products even if the stock level is 0. In such cases, delivery is estimated to take between 15 and 20 working days. By placing an order, the customer accepts these terms and conditions, provided that their order includes at least one item that is currently out of stock.
ARTICLE 6 - TRANSFER OF RISK AND OWNERSHIP
6.1 POMA retains ownership of the Goods until full payment of the price has been made.
6.2 The transfer of risk of loss and damage to the Goods shall only take place when the Buyer takes physical possession of the Goods.
ARTICLE 7 - WARRANTY OF THE GOODS
7.1 POMA is bound by the statutory warranty of conformity and the statutory warranty against hidden defects in accordance with the applicable legislation. These warranties allow the Buyer to return Goods delivered that are defective or non-compliant under the conditions set out in Article 10 of these T&Cs.
7.2 The Buyer is expressly informed that POMA is not the Manufacturer of the Goods. In the event of damage caused by a product defect, the Buyer may hold the Manufacturer liable pursuant to Articles 1245 et seq. of the Civil Code.
ARTICLE 8 – LIABILITY
8.1 POMA shall only be liable in the event of proven fault and such liability is limited to direct and foreseeable damage resulting from the use of the Website or the purchase of the Goods.
8.2 POMA shall not be held liable for:
- Damage resulting from the Buyer’s misuse of the Goods (e.g. failure to follow washing instructions).
- Inconveniences or damage inherent in the use of the Internet (viruses, service interruptions, external intrusion).
- In the event of force majeure, as defined in Article 9.
8.3 In all cases, POMA’s liability is limited to the amount of the Order placed by the Buyer.
ARTICLE 9 - FORCE MAJEURE
9.1 POMA shall not be held liable for any breach of its contractual obligations if such breach is due to a case of force majeure as defined by Article 1218 of the Civil Code.
9.2 The following are expressly considered to be cases of force majeure or similar events, in addition to those usually recognised by case law: total or partial strikes, blockades, interruptions to transport or energy supply, acts of public authority, natural disasters, fires, pandemics or health crises, as well as any other event beyond POMA’s control preventing the normal fulfilment of the Order.
9.3 In such circumstances, POMA shall inform the Buyer by email as soon as possible. The performance of obligations shall be suspended for the duration of the force majeure event. If the event continues for more than 30 days, the Order may be automatically cancelled at the initiative of either party, and the Buyer shall then be refunded the full amount paid.
ARTICLE 10 – RETURNS POLICY
10.1 The right of withdrawal and exchange applies exclusively to Buyers who are Consumers within the meaning of the Consumer Code.
10.2 The Consumer has a period of 14 days from receipt of the item to exercise their right of withdrawal or request an exchange.
10.3 For any return (withdrawal, exchange or damage), the Buyer must notify POMA by email at the following address: shop@poma.net.
The email must include the Buyer’s express, clear and unambiguous intention to withdraw, stating their Order number. The Goods must be returned to the following address: 9 Rue du Moucherotte, 38360 Sassenage, Blues Brodeurs.
10.4 Items must be returned in their original condition, with tags attached, unworn, unwashed, in perfect condition for resale and accompanied by the invoice (or a copy). Upon receipt, POMA will check the condition of the returned Goods. Any item showing signs of prolonged use, washing or damage will be refused for exchange or refund.
10.5 POMA will refund the total amount of the Order (item price and standard delivery charges) within 14 days of receiving the notice of withdrawal. POMA reserves the right to defer the refund until the Items have been received or proof of their dispatch has been provided. The refund will be made via the same payment method used for the Order.
10.6 Return costs and transport risks are the sole responsibility of the Buyer.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1 All elements of the website (logos, text, photographs, designs, models) are and remain the exclusive intellectual property of POMA.
11.2 No one is authorised to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, any elements of the website or the Goods, whether software, visual or audio.
11.3 The purchase of a Good does not entail any transfer of intellectual property rights to the Buyer.
ARTICLE 12 - PROCESSING OF PERSONAL DATA
12.1 POMA undertakes to comply with the legislation applicable to the protection of personal data in accordance with the legislation in force (Law No. 78-17 of 6 January 1978 and the General Data Protection Regulation)
12.2 The data collected is processed for the following purposes: the performance of contractual obligations, commercial activities, organisational purposes, statistics, and compliance with the financial and tax reporting obligations prescribed by law.
12.3 The Buyer has the right to access, rectify, object to and erase their personal data. They may exercise these rights by contacting POMA at: shop@poma.net.
ARTICLE 13 – DISPUTES AND APPLICABLE LAW
13.1 These T&Cs are governed by French law.
13.2 In the event of a complaint or dispute, the Buyer is invited to contact POMA’s customer service department (shop@poma.net) in the first instance in order to seek an amicable solution.
13.3 In the absence of an amicable agreement, any disputes arising from purchase and sale transactions concluded under these T&Cs shall be submitted to the competent French courts.