Refund policy

GENERAL CONDITIONS OF SALE AND USE

Last update: 1^er June 2023

PREAMBLE

POLMA products are textile products marketed by the company VVK SARL, itself specialized in the retail trade of textile products.

Unless otherwise stipulated, the products presented on the website https://polma.fr/ are offered by the company VVK SARL.

These general conditions of sale and use apply automatically to the contractual relationship between (1) VVK SARL, company, whose head office is located at 63 boulevard de la plage – 33950 Lège Cap Ferret and (2) all user or customer of the POLMA website: https://polma.fr/

1. DEFINITIONS AND SCOPE OF THE WEBSITE

1.1 Definitions

For the purposes of the interpretation and execution of this document, the terms and expressions mentioned below (when preceded by a capital letter) mean:

Order : any order for Products placed and validated by the Customer on the Website;

General Conditions of Sale and Use : the general conditions of sale and use described in this document;

Products : the products offered for sale on the Website by the Company;

Website : the websites operated by DJULA available at the following addresses https://polma.fr ;

Company : the company VVK SARL;

YOU Or User Or Customer : any consumer using the Website, in particular with the intention of ordering Products offered for sale on the Website for strictly personal use.

1.2 Scope

The General Conditions of Sale and Use are applicable for any use of the Website by the Customer, in particular with a view to ordering Products and/or for any online sale of Products by the Company to Customers through the Site Internet.

The General Conditions of Sale and Use apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.

Unless otherwise stipulated, the General Conditions of Sale and Use are the only conditions applicable and which the Customer expressly accepts when placing their Order.

Ordering Products is reserved for Users who have read and accepted the General Conditions of Sale and Use in their entirety, as well as any conditions specific to particular Products, by means of a click made before each Order.

The User is invited to carefully read the General Conditions of Sale and Use referenced by a hyperlink at the bottom of each page of the Website. Users are advised to download and/or print the General Conditions of Sale and Use and to keep a copy. The General Conditions of Sale and Use may be modified at any time and without notice by the Company, it is imperative that the User consults and accepts them when placing an Order in order to verify the provisions in force. . However, any modification of the General Conditions of Sale and Use will not be applicable to Orders placed and confirmed by the Company before the modifications are made.

Express acceptance of the General Conditions of Sale and Use, and any special conditions, will be materialized by checking the appropriate box. Otherwise, no order for Products could be placed.

The General Conditions of Sale and Use will be sent to you with the confirmation email of your Order.

For any questions or requests for information regarding the Website, or any report of illegal content or activities, the User can contact the publisher at the following email address: contact@polma.fr or send a letter registered with acknowledgment of receipt to the following address: Polma / Léopold Matous, 52 rue Notre Dame, 33000 Bordeaux.

Under article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, this article specifies the identity of the various participants on the Website.

The Website is published by: VVK SARL, whose head office is located at 63 boulevard de la plage 33950 Lège-Cap-Ferret and registered with the RCS under number 400694998.

The publication director of the Website: Léopold MATOUS.

The Website is hosted by: IONOS 1&1, whose head office is located at the following address: 7 place de la Gare, 57201 Sarreguemines.

1.3 Access, navigation and management of the site

The Company implements the technical solutions at its disposal to allow access to the Website 24 hours a day, 7 days a week. It may, however, at any time suspend, limit or interrupt access to the Website or certain pages. of it in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the Website.

For the proper management of the Website, the Company may at any time: Suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website, to a category determined Internet user; delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette; Suspend the Website in order to carry out updates.

2. PRODUCTS

The essential characteristics and the price of Products sold electronically are available on the Website.

The Company will endeavor to ensure the most complete accuracy possible of the information relating to the Products offered for sale on the Website (categories, names, reproduction, photos, descriptions, properties, characteristics, price, composition, etc.) , which will be updated regularly. The Company will not, however, be held responsible for non-substantial errors relating to the information communicated.

In addition, although the photographs and other reproductions of the Products for sale faithfully represent them on the Website, within the limits of available technology, the information relating to the Products may nevertheless contain non-material errors.

The Products are offered for sale within the limit of their availability.

Despite the Company's vigilance, if the Product ordered is no longer eligible for the order, the Company will inform the Customer by any appropriate means (telephone or email) as soon as possible and will offer the Customer (i) if possible, to exchange the unavailable Product for a similar Product of the same price or (ii) to cancel the Order for the unavailable Product concerned.

In the event of cancellation of the Order for the unavailable Product concerned, the amount corresponding to the unavailable Product (including transport costs if applicable) will not be debited from the Customer's bank account or will be refunded to the Customer within fourteen (14) days if applicable.

3. PRICE

The prices of the Products are those in force, and appearing on the Website, on the date of payment of the Order. Prices are quoted in euros all taxes included.

All Orders placed by Customers established in the European Union, the United Kingdom or Switzerland are payable only in euros and do not take into account delivery costs, which are charged extra. Delivery costs are indicated before validation of the order by the customer.

In the event that customs duties or other local taxes, import duties or state taxes are required, these duties and taxes will be the sole responsibility of the Customer. The Company cannot be held responsible for these costs.

The Company reserves the right to modify the prices of the Products at any time. The Products will be invoiced on the basis of the prices in effect on the date of payment of the Order.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the entire price must be made when ordering.

4. ONLINE ORDER

Any Order implies total and unreserved acceptance of the General Conditions of Sale and Use. These latter prevail over all other conditions unless otherwise agreed by the Company.

To place an Order on the Website, the Customer must be of legal age, have legal capacity and hold a credit card or any other payment instrument accepted on the Website (as indicated at the time of ordering). confirmation of the order).

The Customer guarantees that all information communicated as part of his Order via the Website complies with the General Conditions of Sale and Use, is accurate and up to date. Failing this, the Company reserves the right to cancel the Order and the corresponding payment. The Company will not be responsible for the consequences of inaccurate information provided by the Client.

In particular, the customer must provide a valid email address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.

The Products are offered for sale on the Website to end consumers for their personal needs only.

The Company will also be entitled to refuse any Order: (i) placed by a Customer with whom there is a dispute relating to the payment of a previous Order; or (ii) which does not comply with the General Conditions of Sale and Use.

5. PAYMENT

The Customer makes payment at the time of final validation of the order by credit card.

The Customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the sums due under the order.

The fraudulent use of a bank card number belonging to another person without their consent or the refutation of a payment for fraudulent purposes legally constitutes an offense of fraud in accordance with article 313-1 of the French Penal Code and punished with a sentence of 5 years' imprisonment and a fine of 375,000 euros. New techniques now make it possible to track fraud attempts.

The transaction will then be assigned by the Customer in accordance with secure banking standards, by providing their credit card number and/or bank details; the Customer accepts unconditionally and in advance that the Company can carry out the secure transaction in question. Authorization to debit the Customer's account is always granted only for the amount of the Products purchased.

The Customer's credit card will then be debited after verifying their identification and banking information. If, for whatever reason (opposition, refusal by the issuing center, etc.), the debit of the sums due by the Customer proves impossible, the Order will not be registered by the Company and/or will be canceled.

6. ORDER CONFIRMATION

Upon receipt of validation of the purchase and payment by the Customer, the Company will acknowledge receipt of the Order by means of an e-mail sent to the e-mail address provided by the Customer. This confirmation email will contain information relating to the Order and the Customer and/or, where applicable, difficulties concerning the Order (availability of Products, delivery times or payment difficulties). Orders will be firm for the Company from the moment the latter sends a confirmation e-mail to Customers without reservations.

The seller is required to send an invoice to the customer upon delivery. The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In the event of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order for this product and refund the related price, the remainder of the order remaining firm and final.

The customer can always exercise his right of withdrawal within 14 days from the moment when information concerning the unavailability of the product was sent to him.

For any questions relating to the tracking of an order, the customer can contact customer service using the following contact details:

By e-mail: contact@polma.fr

By mail: 52 rue notre dame 33000 Bordeaux

7. ELECTRONIC SIGNATURE

In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payables. amounts due under the purchase order, signature and express acceptance of all operations carried out.

8. PROOF OF TRANSACTION

Communications, orders and payments between the customer and the seller can be proven using computerized records, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

9. DELIVERY

The Products will be delivered to the address indicated when placing the Order. In the event that several Products are ordered, the Company reserves the right to subdivide the deliveries of the Products.

Delivery is only made after confirmation of payment by the Company's banking institution. In the event of payment by debit card, the Order will be delivered as soon as payment for said Order has been verified.

The products are delivered to the address indicated by the Customer on the online form serving as an order form, the Customer must ensure its accuracy.

Any package returned to the Company due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.

The Products ordered will be delivered on the date or within the period indicated in the Order confirmation email, without however exceeding fourteen (14) working days from the date of confirmation of the Order by the Company, subject to modification of these deadlines due to conditions not exclusively attributable to the Company (including in particular possible cases of force majeure).

In the event of a change in the delivery time initially indicated, the Company will inform the Customer by any appropriate means (telephone or email) as soon as possible. In this case, the Customer may accept the new deadline indicated by the Company or cancel the Order for the Product concerned after formal notice from the Company to deliver the Product within a reasonable additional delivery period, which remains without effect. In the event of cancellation of the Order for modification of the delivery time initially indicated, the amount corresponding to the Product (including transport costs if applicable) will not be debited from the Customer's bank account or will be refunded to the Customer within a period fourteen (14) days if applicable.

This termination of the contract must be sent in the following manner:

By e-mail: contact@polma.fr

By mail :52 rue Notre Dame 33000 Bordeaux

10. ORDER VERIFICATION

The risks linked to the Products are transferred to the Customer on the date and address of delivery of the Products to the Customer.

The Customer is required to verify that the Product(s) delivered comply with his Order. If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note. The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

Without prejudice to the right of withdrawal and applicable legal guarantees, no return of Products will be accepted by the Company except in the event of non-compliance of the quantity and/or quality of the Product in relation to the Order.

In the event of non-compliance of the Products with the Order, the Customer must:

- inform the Company as soon as possible, and at most within 7 days following receipt of the order), by means of an email sent to: contact@polma.fr; explaining the reasons for this non-compliance, or by calling customer support at the following number: [To be completed] ;

- return the Product(s) concerned in their original packaging, in perfect condition, unused, and accompanied by all accessories, if applicable, the documents provided with this, and a copy of the delivery slip attached to the Product(s) delivered;

- follow the steps of the return procedure provided by the Company, as described in article 11 below.

- the costs of returning the Products will however be covered by the Company, only if the Customer is right to claim that the returned Product does not conform to their Order, and subject to providing proof of said costs to the Company. The Customer's bank account will then be credited with the amounts of the corresponding Products;

- if it is not possible to exchange or repair the returned Product, the price of the non-compliant Product invoiced (including any transport costs) will be credited to the Customer's bank account at the latest within fourteen (14 ) days from receipt by the Company of the returned Product.

The customer must, where applicable, inform the seller of his reservations according to the following terms:

By e-mail: contact@polma.fr

By mail :52 rue Notre Dame 33000 Bordeaux

Any reservation not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the customer.

11. ORDER RETURN

The product to be exchanged or refunded must be returned to the Company as a whole and in its original packaging, according to the following terms:

Product returned by mail within 15 days from the date of delivery of the order, to the following address: VVK SARL - Customer Service - 63 boulevard de la plage, 33950 Lège Cap Ferret.

Any complaint or return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.

Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the customer.

12. TITLE RETENTION CLAUSE

The Products remain the property of the Company until full payment of the price of the Products by the Customer to the Company, that is to say once the price has actually been debited from the Customer's bank account.

13. RIGHT TO RETRACT

The Customer has a right of withdrawal for any purchase of Products from the Website and delivered by the Company, for exchange or not, and without penalty, for a period of fourteen (14) days from delivery of the Order. , without having to justify his decision.

To this end, the Customer must either complete and return to the Company the withdrawal form which was sent to him by the Company in the email confirmation of his Order and attached to the General Conditions of Sale and Use (Appendix 1) or send the Company an unambiguous declaration clearly expressing its desire to withdraw.

The Products must be returned in their entirety, in perfect condition and in their original packaging.

The right of withdrawal will not apply to personalized Products, SALE products or Products created according to the Customer's specifications, to Products likely to be damaged or to expire quickly, to incomplete Products or to Products which, by their nature, cannot be returned to the Company.

To exercise your right of withdrawal, you must notify us of your decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) or use the withdrawal form standard under the conditions set out above, it being specified that this is not obligatory.

To meet the withdrawal period, you simply need to send a declaration expressing your right of withdrawal before the withdrawal period expires under the conditions defined above.

You must return the Products to us without undue delay and, in any case, fourteen (14) days after having communicated your decision to withdraw.

The costs of returning the Products will be your responsibility.

If you have returned Products by exercising your right of withdrawal, the Company will then reimburse the amount invoiced as soon as possible and, in any event, within fourteen (14) days following receipt of the Products returned by the Company. .

The customer will assert his right of withdrawal by contacting customer service:

By e-mail: contact@polma.fr

By mail :52 rue Notre Dame 33000 Bordeaux

13. LEGAL GUARANTEES

The Customer is informed that the Company's Products are subject to the following legal guarantees:

“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. “When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. “The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the property. “The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. “If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. “If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. “The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if: “1° The professional refuses to repair or replace the goods; “2° The repair or replacement of the goods takes place after a period of thirty days; “3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or replacement; “4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. “The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand. “The consumer does not have the right to cancel the sale if the lack of conformity is minor. “Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good. “The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. “The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code). “The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item. »

This warranty will not apply in the following cases:

• Defects or damage resulting from improper use, maintenance or accident;
• The consequences of normal wear and tear due to the aging of the Product.

14. FORCE MAJEURE

The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, prevents their execution. The obligations of the parties will be suspended.

The party which invokes such a circumstance must notify the other party immediately, upon its occurrence and its disappearance.

All irresistible, unforeseeable, unavoidable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, the blocking of means of transport are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.

If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

15. PARTIAL VOID

If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.

16. INTELLECTUAL PROPERTY

All intellectual property rights, whatever their nature, attached to all Products sold on the Website and to all elements appearing on the Website (in particular, texts, logos, brands, graphics, images, photos, videos, animations, names and any other element) are and remain the exclusive property of the Company.

No stipulation herein may be interpreted as granting the Customer any right over the brands, Products and any intellectual property rights attached thereto and other distinctive signs of the Company.

Under these conditions, no one is authorized to reproduce, represent, exploit, adapt, distribute or use, by any process whatsoever, for any purpose whatsoever, in part or in whole, the intellectual property rights attached to the Products. sold on the Website and any element appearing on the Website without the prior written consent of the Company.

17. CONFIDENTIALITY AND PERSONAL DATA

In addition to these General Conditions, the Website has a privacy policy which describes how personal data is processed when the user visits the Website, as well as how cookies are used.

By browsing the Website, the user declares to have also read the aforementioned confidentiality policy.

The Company’undertakes to preserve the confidentiality of the information provided online by the’internet user, that’he would be required to transmit for’use of certain services.

Polma.fr reserves the right to collect data on’user, in particular by’use of cookies. Subject to your agreement, we may, for commercial reasons, transmit to a commercial partner the’identity and contact details of users of the services. L’user is informed that this automated processing of’information, in particular the management of users' e-mail addresses, has made the’object of’a declaration to the CNIL under number 1810885 of November 17, 2014.

Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the’Internet user has’a right to’access, modification, rectification and deletion of information concerning him, that’he may exercise or obtain communication of information concerning him by contacting:

By e-mail: contact@polma.fr

By mail :52 rue Notre Dame 33000 Bordeaux

19. APPLICABLE LAW AND COMPETENT JURISDICTION

The General Conditions of Sale and Use are subject to French law, subject to the application of the mandatory rules of the Customer's country of residence.

In the event of a dispute or complaint, the customer will contact the Company as a priority to obtain an amicable solution.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a complaint not resolved amicably, the Customer may contact the mediator of his choice.

The Client remains free to accept or not the use of mediation and each party is free to accept or not the solution proposed by the mediator. Failing this, the dispute falls within the jurisdiction of the competent courts in accordance with the provisions of the code of civil procedure.