ARTICLE 1 – DEFINITIONS

Buyer(s): Refers to any Website User who is a consumer as defined by local consumer law and places an order for Products on the Website.

Currency : refers to Euro.

Customer Service: Refers to the Seller’s Customer Service department, whose contact details are provided in Article 17 of these General Terms and Conditions of Sale.

GTCS or GTC: Refers to these General Terms and Conditions applicable to the sale of Products.

Product(s): Refers to all items sold by the Seller on the Website, including but not limited to fashion accessories and home decoration items.

Sales Order: Refers to the purchase of one or more Products by a Buyer on the Website.

Seller: Refers to the company LA CADETTE identified in article 2.1 of the GTCS.

Territory: refers to the following countries: Albania, Andorra, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Vatican City, Finland, Gibraltar, Greece, Guadeloupe, Guernsey, French Guiana, Hungary, Faroe Islands, Ireland, Iceland, Italy, Jersey, Kosovo, Réunion, Liechtenstein, Latvia, Lithuania, Luxembourg, North Macedonia, Malta, Martinique, Mayotte, Moldova, Montenegro, Norway, New Caledonia, Poland, French Polynesia, Portugal, Romania, Saint Barthélemy, San Marino, Saint Martin, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Ukraine.

User: Refers to any person visiting the Website.

WebSite: Refers to the online shopping platform operated by the Seller, accessible at https://euro.polene-paris.com/. 

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, a French law company with a share capital of 29,334 euros, headquartered at 60-62 Rue du Louvre, 75002 Paris, registered with the PARIS Trade and Companies Register under number 810 940 528, intra-Community VAT number FR01810940528, via its Website.

2.2 The process of distance selling of Products via the Website as described in these GTCS is reserved for Buyers within the meaning of Article 1. Before placing an order, the Buyer declares that the purchase of Products on the Website is limited to strictly personal use and is not related to a commercial activity. Any order that clearly does not correspond to a retail sale and, more generally, any order that is fraudulent or considered fraudulent will be considered null and void by the Seller.

2.3 These GTCS apply exclusively to deliveries of Products within the Territory.

ARTICLE 3 – PURPOSE OF THE GTCS

3.1 The purpose of these GTCS is to inform Buyers of the terms and conditions under which the Seller sells and delivers Products via the Website and to define the rights and obligations of both parties in the context of distance contracts and e-commerce regulations. In particular, these GTCS outline the steps required to place an order, the terms of payment and delivery, and the handling of orders by the Seller.

3.2 Any order for Products implies the Buyer’s full and unconditional acceptance of these GTCS. At the time of the Order, the Buyer acknowledges having read the present GTCS in a clear and understandable manner and having accepted them unconditionally in their entirety, with such acceptance not being in any way conditioned by a handwritten signature from the Buyer.

3.3 The GTCS are accessible to any User visiting the Website and can be saved or printed.

3.4 The Seller reserves the right to amend these GTCS at any time without prior notice, particularly due to regulatory changes, by publishing a new version on the Website.

3.5 Failure by either party to enforce any provision of the GTCS does not constitute a waiver of the right to enforce it in the future.

ARTICLE 4 – PRODUCTS

4.1 Product information

Information about Products sold via the Website, including their references, is available on the Website. Before placing an order, the Buyer acknowledges having been informed of the essential characteristics of the Products, such as their nature, function, composition, materials, color, dimensions, and usage instructions, as well as the applicable price and any additional costs, including delivery fees to be borne by the Buyer.

It is the Buyer’s responsibility to review the list of materials in the Product description and verify any potential allergies before placing an order.

Despite the Seller’s best efforts to present Products accurately on the Website, the Seller cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. In particular, slight variations in appearance, particularly in color, may occur due to technical limitations in color rendering on digital devices. The Seller cannot be held responsible for such variations and they do not affect the validity of the sale.

Buyers must adhere to the care and use instructions provided for each Product in accordance with the Seller's instructions and recommendations. For additional questions or advice, Buyers may contact Customer Service.

4.2 Product availability

The Seller reserves the right to modify the assortment of Products available on the Website at any time, depending in particular on supplier constraints.

Products are offered for sale as long as they are displayed on the Website on the day of consultation by the Buyer and marked with 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 Now" will appear below these Products.

In the event that a Product becomes unavailable after an order has been placed, Customer Service will inform the Buyer of the unavailability, provide a new estimated delivery date, and offer the option to cancel the order. If the Buyer opts to cancel, the Seller will refund the full price within fourteen (14) days of the cancellation.

ARTICLE 5 – PRICING

5.1 The selling prices of the Products displayed on the Website are indicated in Currency and include:

• All taxes included (TTC) for mainland France, taking into account the applicable VAT rate in mainland France on the date of the Order;

• All taxes included (TTC) for the European Union, taking into account the applicable taxes in the respective country;

• Excluding taxes (HT) for countries outside the European Union and in the relevant Currency:

• Exclusive of delivery charges, as defined in Article 7.2 hereof, and billed separately to the Buyer, unless otherwise stated. The delivery charges are shown to the Buyer before the validation of their Order;

• Any currency conversions into the Buyer’s local currency are carried out by their banking institution according to the exchange rate in effect at the time of the transaction.

5.2 Prices and delivery charges may be modified at any time by the Seller. The applicable prices are those displayed on the Website at the time of order confirmation. The Buyer is advised to consult the GTCS and the Website regularly. 

5.3 If the Seller notices a pricing error displayed on the Website 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

Users can browse Products on the Website without obligation to purchase. All Users and Buyers are responsible for their internet access costs.

6.2 Ordering steps

6.2.1 Buyer identification

It is not compulsory to open a personal Customer account to place an Order on a Website. The Buyer may place an Order for one or more Products, either via its customer account or as a guest. 

If the Buyer does not have a customer account, he will be invited, if he so wishes, to create one, indicating his exact identity, contact details, as well as a valid e-mail address and password. Once the Buyer has registered his account on the Website, he will receive a confirmation e-mail enabling him to access his account.

If the Buyer already has a customer account on the Website, he will be asked to identify him with his 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 Website .

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 choice from the various categories offered (e.g. type, model, color, size, material) and available for sale on the Website on the day of consultation.

The Buyer can add the selected Product to his 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 Buyer has finished selecting the Product(s) he wishes to purchase, he 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 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 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 Website and then click on the "Proceed to payment" button.

Unless specific conditions apply depending on the country of destination, payment is made exclusively in euros, at the Buyer’s discretion:

• by credit card (by choosing payment by credit card - CB, Visa, Mastercard network, the Buyer is automatically redirected to the dedicated secure payment site),

• or via their Paypal account,

• or via their Apple Pay account,

• or via their Shop Pay account,

• or via your Klarna account.

If the payment is accepted, the Buyer will automatically see the Order validation page appear on the Website. If payment is not accepted after five (5) attempts, the Buyer will be redirected to a screen on the Website 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 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 Buyer communicates the number and expiry date appearing on the front of his 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.

In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the Buyer, the Order will be immediately canceled.

6.2.5 Order confirmation by the Seller

Once the Buyer has validated his 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 e-mail. This confirmation of Order and payment will be accompanied by the Order number, the total amount of the Order, details of the Products ordered (e.g. 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 Website, 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 is advised to check that they are not in the spam folder.

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 Website, existing dispute with this Buyer, suspicious bank details).

6.4 Pre-orders

Certain Products, specially indicated on the Website, 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.

Information concerning delivery terms (delivery costs, delivery time, delivery method) is accessible on the Website 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 transfer of the risks of loss, damage and deterioration of the Products will take place as from their delivery to the Buyer, i.e. when the Buyer or the designated or authorized person takes physical possession of the Products at the delivery address indicated by the Buyer at the time of the Order.

7.2 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.

Due to the specificities of each order (especially for international shipments), additional fees may apply. These fees may include, but are not limited to, administrative fees or import fees imposed by the carrier itself. These potential additional fees, which cannot be anticipated by the Seller, are not included in the sale price of the Products or in the standard delivery fees, and remain the exclusive responsibility of the Buyer.

7.3 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 Buyer. Failing this, the Buyer may request cancellation of the Order and rescission of the Sale. The Buyer will then be reimbursed at the latest within fourteen (14) days of the date of cancellation of the Sale.

7.4 Delivery methods

The Products ordered by the Buyer shall be delivered by the Seller or the carrier selected by the Seller to the delivery address provided by the Buyer when placing the Order. For more information, the Buyer is invited to consult the HELP AND QUESTIONS page.

The Seller shall not make any deliveries outside the Territory defined in article 1 of these GTCS. Furthermore, unless previously agreed, deliveries shall not be made to transit agencies, post boxes, hotels not previously authorized by the Seller, nor to military bases or similar areas. The list of restricted delivery locations may be supplemented or adjusted at any time according to the practices and restrictions applicable to the carrier.

• Home delivery :

Each Order is assigned a tracking number. By logging on to their customer account on the Website, the Purchaser is provided with a link enabling them to track the progress of their parcel via the carrier's website.

The Buyer is informed by email and/or SMS when the parcel has been picked up by the carrier, and of the delivery date.

The parcel containing the Products ordered and paid for will be delivered by hand against signature to the Buyer or to the person designated or authorized by the Buyer at the delivery address given when the Order was placed. In the event of the absence of the Buyer or his/her representative, the Buyer may choose a new delivery date, or to have the Products delivered to a relay point or a nearby post office. Where appropriate, the Products may be redirected to a carrier collection point or returned to the sender. In certain circumstances, delivery may also be made without a signature, in accordance with the terms and conditions proposed by the carrier.

When an international delivery (and more 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 return costs as well as the customs costs (for the return of the Product to its country of origin). The amount of these costs will be deducted directly from the refund for the Order.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND PRODUCT RETURNS

8.1 Right of withdrawal

8.1.1 Exercise of the right of withdrawal

The Buyer has a right of withdrawal for the products purchased, except for the following products:

• Products manufactured to the buyer's specifications or clearly personalised;

• Products that have been unsealed by the buyer after delivery and that cannot be returned for reasons of hygiene or health protection.

The Buyer has a period of thirty (30) days from the day following receipt of the Products to exercise his/her right of withdrawal, without having to give reasons for his/her decision. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. After this period of thirty (30) days, the sale is firm and final. 

If the Buyer has ordered several Products in a single Order, or if the delivery has been made in several parts, the withdrawal period does not begin until the Buyer takes possession of the last Product or the last part of the delivery.

The terms and conditions under which the Seller may exercise this right are available at the following link: https://support.polene-paris.com/hc/en-150/articles/360010208559-Return-an-online-order. The Buyer may also notify his/her decision to withdraw to Customer Services, by email to the following address: contact@polene-paris.com, before the expiry of the withdrawal period of thirty (30) days:

• by sending the withdrawal form at the end of these GTCS,

• or by any other unambiguous statement clearly expressing its wish to withdraw.

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.

8.1.2 Return within the scope of the right of withdrawal

To return a product, the Buyer must create a customer account on the Website.

The Buyer must return the product to the Seller no later than thirty (30) days after notification of his withdrawal decision. The Buyer is advised to keep all receipts for this return.

If the Buyer has chosen to exercise his right of return with a pre-paid label from the Seller, the Seller will then issue a returns slip to the Buyer by email, to be printed and stuck to the parcel. The postal address to which the Product must be returned is shown on the returns form provided by the Seller.

In any case, the Buyer undertakes to return the products:

• exercise the right of withdrawal in accordance with Article 8.1 of the GTC,

• in its original packaging so that the product is protected,

• in perfect original condition, without defects (dirt, decay, scratches),

• complete and together with all product accessories (e.g. second detachable shoulder strap) and the documentation supplied (e.g. box containing the product, bag, brochure, instructions),

• unused, unworn,

• unsealed if necessary,

• with the corresponding return slip.

Upon receipt, the Seller will check whether the returned product fulfills the above conditions. If this is not the case, the returned product will not be refunded and can be sent back to the buyer on request, whereby the buyer must bear the shipping costs.

8.2 Reimbursement

If the return is confirmed by the Seller, the Seller will refund the price of the product in question to the Buyer:

• at the latest within thirty (30) days from the day on which the Seller is informed of the Buyer's decision to withdraw, provided that the Seller has received the product in question within this period,

• with the same means of payment with which the Buyer placed the order, unless the Buyer expressly agrees otherwise, and in any case at no additional cost.

In accordance with the regulations in force within the European Union, in the event of the exercise of the right of withdrawal by a buyer residing within the European Union, the Seller will reimburse the Buyer for the initial delivery costs incurred for the shipment of the Order, in addition to the price of the returned Product. However:

• If the Buyer has chosen a more expensive shipping method than the standard shipping method offered by the Seller, the refund will be limited to the cost of the standard delivery method..

If the Buyer decides to return part of the Products ordered, the original shipping costs will be fully refunded.

The return costs of the Products under the exercise of the right of withdrawal are the exclusive responsibility of the Buyer. Therefore, if the Seller provides a prepaid return label with the costs advanced by the Seller, these costs will automatically be deducted from the total amount refundable to the Buyer.

For Buyers residing outside the European Union, the initial delivery fees will not be refunded in case of the exercise of the right of withdrawal, due to the significantly higher logistics costs associated with international shipments. Additionally, the Buyer will bear all return costs, as well as any applicable customs duties or taxes when returning the Products.

The returned product cannot be exchanged under any circumstances. The Buyer must place a new order.

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 requested to check the apparent condition of the parcel and Products upon delivery and to report any irregularities in the parcel and/or products within one (1) month of receipt of the Order by e-mail to contact@polene-paris.com, quoting the order number and sending evidence of the irregularity (e.g. photos).

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 Website.

ARTICLE 10 – LEGAL WARRANTIES

All Products sold on the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, allowing the Buyer to return defective or non-compliant Products free of charge, under the conditions and terms defined below in accordance with French law.

10.1 Legal guarantee of conformity

In accordance with Article L.217-3 of the French Consumer Code, the Seller is responsible for any lack of conformity of the Product existing at the time of delivery to the Buyer, which appears within two (2) years from the date of delivery.

In accordance with Article L.217-4 of the French Consumer Code:

"The goods are in conformity with the contract if they meet, where applicable, the following criteria: 1° They correspond to the description, type, quantity, and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract; 2° They are suitable for any special use sought by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract and which the latter has accepted; 3° They are delivered with all accessories and installation instructions, to be provided in accordance with the contract; 4° They are updated in accordance with the contract."

Products are considered non-compliant if they meet the following criteria:

• Error in model (e.g., ordered bag No.1, received bag No.3)

• Error in color (e.g., ordered black bag No.1, received blue bag No.1)

• Quality issue, subject to the submission of photographs and validation by Customer Service.

In accordance with Article L.217-7 of the French Consumer Code, any lack of conformity that appears within twenty-four (24) months from the date of delivery of the Product is presumed to exist at the time of delivery, unless proven otherwise, unless this presumption is incompatible with the nature of the Product or the defect invoked.

10.2 Legal guarantee against hidden defects

In accordance with Article 1641 of the French Civil Code, the Seller is also responsible for hidden defects in the item sold that render it unfit for the use for which it was intended, or that so diminish this use that the Buyer would not have acquired it, or would have paid a lower price, if they had known about them.

In accordance with Article 1648 paragraph 1 of the French Civil Code, the Buyer may exercise the action resulting from the guarantee against hidden defects within two (2) years from the discovery of the defect.

10.3 Terms of implementation of legal guarantees

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

• Has a period of two (2) years from the delivery of the goods to act;

• Can choose between the repair or replacement of the goods (unless the requested conformity is impossible or entails disproportionate costs, under Article L.217-12 of the French Consumer Code) or, failing that, a reduction in price or termination of the contract;

• Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, they can choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

10.4 Consequences of implementing the guarantees

From the time of their claim to Customer Service, the Buyer will be contacted by Customer Service as soon as possible to discuss the claim. Once the anomaly is confirmed by Customer Service, they will inform the Buyer of the procedure to be followed.

In accordance with Article L.217-8 of the French Consumer Code, in the event of the implementation of the legal guarantee of conformity, the Seller undertakes, within the legal deadlines:

• To bring the Product into conformity by repair or replacement (according to the Buyer's choice),

• Or, if bringing into conformity is impossible, to reduce the price or terminate the contract (refund of the price).

In accordance with Article 1644 of the French Civil Code, in the event of the implementation of the legal guarantee against hidden defects, the Seller undertakes, according to the Buyer's choice, within the legal deadlines:

• To refund the price if the Buyer returns the Product,

• Or to refund part of the price if the Buyer decides to keep the Product.

10.5 Exclusions from guarantees

Products modified, repaired, integrated, or added by the Buyer or damaged due to misuse or lack of maintenance exclusively attributable to the Buyer are excluded from the guarantees.

ARTICLE 11 – VERIFICATION OF THE AUTHENTICITY OF RETURNED PRODUCTS

In the context of a return, exchange, repair, or any other restitution of a Product, the Seller reserves the right to verify its authenticity and compliance with current standards.

If a returned Product is identified as a counterfeit, no refund, exchange, or repair will be granted. In accordance with applicable regulations, the Product may be handed over to the competent authorities or securely and irreversibly destroyed, with no possibility of returning it to the Buyer.

The Seller will inform the Buyer of the result of this verification by any written means (email, mail) within thirty (30) days following the receipt of the Product.

The Seller guarantees the exclusive sale of authentic Products and informs the Buyer that a counterfeit Product cannot, under any circumstances, come from a purchase made through its official distribution channels.

As a result, the Seller’s liability cannot be engaged in the event of the return of a counterfeit Product. The Buyer is solely responsible for the origin of the Product they return and must ensure its authenticity before sending it back. In case of doubt, it is recommended that the Buyer contact customer service before taking any steps.

ARTICLE 12 – LIMITATION OF LIABILITY

12.1 Products

The Products offered on the Website 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 they have read the label before using the Products and that they follow all instructions for use of the Products.

The Seller only supplies products for domestic and private use via the Website. The Buyer undertakes not to use the products purchased on the Website for commercial, professional or resale purposes.

12.2 Site access

The Seller reserves the right to make the Website 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 Website (interruption of access to the Website , 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 Website (inaccessibility, loss of data, deterioration, destruction or computer viruses, breakdowns). It is the responsibility of all Users connecting to the Website to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Users of the Website connect to the Website at their own risk.

ARTICLE 13 – FORCE MAJEURE

13.1 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 GTCS for the duration of the force majeure event, without any compensation whatsoever to the Buyer.

13.2 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 14 – 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 15 – INTELLECTUAL PROPERTY

The trademark and more generally all illustrations, images, logos and sound elements appearing on the Seller’s Products and/or Website, 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 Website, 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 Website 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 Website, or to which the Website 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 16 – PERSONAL DATA

16.1 By ordering a Product on the Website, the Buyer accepts that the Seller collects, uses and processes the personal information provided (names, date of birth, postal address, email address, bank details, password) necessary to ensure the completion, management, tracking, delivery and billing of the Order, in compliance the European General Data Protection Regulation n°2016-679 known as "GRPD".

16.2 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 Website.

16.3 All Sellers have a right to information, access, opposition, rectification, deletion, limitation of processing, deletion and a right to the portability of the personal information concerning them that they communicate in the context of any Order, which they may exercise by writing to the following address: rgpd@polene-paris.com.

ARTICLE 17 – APPLICABLE LAW - MEDIATION - LITIGATION

17.1 These GTCS and all orders are subject to French law, unless provisions to the contrary impose the application of a foreign law. However, the application of French law shall not have the effect of depriving the Customer of the level of protection to which he is entitled by virtue of the provisions of the mandatory laws of his country of habitual residence.

17.2 In the event of a dispute relating to an Order for Products on the Website or to the application and/or interpretation of the GTCS, the Buyer may submit a written complaint to Customer Services by e-mail to: contact@polene-paris.com

17.3 In the absence of an amicable settlement with the Seller’s Customer Service, the Buyer may have recourse, free of charge, to a mediation procedure with a view to amicably resolving the dispute between the Buyer and the Seller, at the latest within one (1) year from the date of the Buyer's written complaint to the Seller. 

The Buyer may submit his claims on the European platform for dispute resolution set up by the European Commission, accessible at the following address: https://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.

In the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

17.4 In the absence of an amicable solution or recourse to mediation, any legal action arising from the context hereof shall be subject to the jurisdiction of the French Courts, including in the event of a warranty claim or multiple defendants, without prejudice to any legal constraints that refer the dispute to another foreign court of mandatory jurisdiction of its choice.

ARTICLE 18 – 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 Website

• Or by email to: contact@polene-paris.com

• Or by post to the address : 

LA CADETTE - POLÈNE

Customer Service

60-62 RUE DU LOUVRE

75002 PARIS

For any legal inquiries exclusively, you may contact our legal department at the following address: legal@polene-paris.com.